HomeMy WebLinkAbout930002.tiff RESOLUTION
RE: CREATION OF WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4
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 lots in Highland Estates Subdivision as
recorded on September 11, 1974, under Reception Number 1644478; and the S of
Section 34, Township 4 North, Range 68 West; and the NE* of Section 3, Township
3 North, Range 68 West, as conveyed to the Margil Loving Trust by Deed as
recorded on May 29, 1991, under Reception Number 02251499, all in relation to the
6th P.M. in an unincorporated portion of Weld County, Colorado, in an area
generally known as Weld County Road 38 between Weld County Road 7 and Interstate
25. More specifically, the local improvement district will include shaping,
grading, draining, and paving the above described roads. The particular lots
proposed to be assessed are shown in Exhibit "A", attached hereto and
incorporated herein by this reference. Also included within the district are the
rights-of-way for Weld County Road 38, from Weld County Road 7, east a distance
of 0.9 of a mile, to the west line of the right-of-way for Interstate 25. Said
creation of the local improvement district is based upon the petition of owners
of 18 of the 28 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 Weld County Road 38, from Weld County Road 7, east a distance of
0.9 of a mile, to the west line of the right-of-way for Interstate 25, 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
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
930002
RE: CREATE WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4
PAGE 2
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 Road 38
Local Improvement District No. 1992-4, 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 Road 38 Local Improvement
District No. 1992-4." 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 October 19, 1992,
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.
C. That the area to be included with the district includes all lots in
Highland Estates Subdivision as recorded on September 11, 1974,
under Reception Number 1644478; and the Si of Section 34, Township
4 North, Range 68 West; and the NEa of Section 3, Township 3 North,
Range 68 West, as conveyed to the Margil Loving Trust by Deed as
recorded on May 29, 1991, under Reception Number 02251499, all in
relation to the 6th P.M. in an unincorporated portion of Weld
County, Colorado, in an area generally known as Weld County Road 38
between Weld County Road 7 and Interstate 25. More specifically,
the local improvement district will include shaping, grading,
draining, and paving the above described roads. The district shall
also include the rights-of-way of the County roads described herein.
930002
RE: CREATE WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4
PAGE 3
D. That Weld County, Colorado, plans to accept bids for contracts to
shape, grade, drain, prepare the base, and pave Weld County Road 38,
from Weld County Road 7, east a distance of 0.9 of a mile, to the
west line of the right-of-way for Interstate 25. The resulting
roadway shall have 24-foot travel lanes with 4-foot shoulders on the
above described Weld County Road. The base course preparation is to
include final grading, wetting and compaction. Paving shall include
placement of 3 inches of hot bituminous pavement on the above
described portions of Weld County Road 38. All work is to be built
according to Weld County specifications and be approved by the Weld
County Engineer. The major construction quantities included 2,100
tons of hot bituminous pavement and 5, 750 tons of aggregate, 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, 000.00.
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.
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 $1,964.29 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.
IT IS FURTHER STATED BY THE BOARD OF COUNTY COMMISSIONERS, THAT
SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT AND
PREPARATION OF BASE EXCEED THE AMOUNT OF $1,964.29 PER LOT,
EXCLUDING INTEREST OR ANY PENALTIES, THE COUNTY OF WELD WILL ASSUME
PAYMENT OF THE EXCESS.
930002
RE: CREATE WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4
PAGE 4
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 December 31, 1993, 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 the Board indicates its intent to receive bids in accordance
with Section 30-20-622, Colorado Revised Statutes, and the Weld
County Home Rule Charter for the construction of the improvements
described herein.
J. 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.
930002
RE: CREATE WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4
PAGE 5
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following
vote on the 6th day of January, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 42 $4/Jo1Z :4S7
/ WELD COUNTY, COLORADO
Weld County Clerk to the Board
Q� �/ �// Constance L. aribteer , Chairman
de /L-i I Vl By: , Pebster,
Deputy Cerk to the Board W. PrJa-Tem
APPROV S TO FORM:
rge . Baxte
un y Attorney Da a K. al
jr/ /arbara J. Kirkmey r
930002
EXHIBIT "A"
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:
Weld County Road 38 between Weld County Road 7 and
Interstate 25;
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 $55,000 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving Weld County Road 38;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road;
We request that the following materials be used:
Six inches of aggregate basecourse, 32' wide; and 3" 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 lot or parcel
of land described as follows:
All lots in Highland Estates subdivision as recorded on
September 11, 1974 under Reception Number 1644478; and the
South Half of Section 34, Township 4 North, Range 68 West; and
the Northeast Quarter of Section 3, Township 3 North, Range 68
West, as conveyed to the Margil Loving Trust by Deed as
recorded on May 29, 1991 under Reception Number 02251499.
We request that the cost to be assessed to the local improvement district
not exceed $55,000, which represents an assessment of approximately
$1,964.29 per lot or parcel of land;
The specific manner of payment we recommend is as follows:
The estimated $1,964.29 per lot or parcel of land would be paid in
full, without interest, or over a 10-year period, at an interest
91.1'e992
rate of 8%, with the principal being divided into 10 equal annual
payments, and the interest computed to the unpaid balance.
We understand that the road preparation, which includes shoulder work and
base construction, will be performed by Weld County, and the cost will not
be assessed to the local improvement district.
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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rate of 8%, with the principal being divided into 10 equal annual
payments, and the interest computed to the unpaid balance.
We understand that the road preparation, which includes shoulder work and
base construction, will be performed by Weld County, and the cost will not
be assessed to the local improvement district.
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 I DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS I OF PROPERTY SIGNING PROPERTY
Title I 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
PLA7uv_cLE,c4 e•'r'
2 +f F/)%h w/9y S DR , 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.
CW./Utok - go 4LFRF b F L2 oec rT s
Si azure of Circulator Printed Name
SUBSCRIBED AND SWORN to before me this
� day of
19 tip .
WITNESS my hand and official seal.
Notary Public'
My Commission expires: 2�j3/2O7
:rd34pet.92 9
SIGNATURE MAILING DESCRIPTION DATE OF IS THIS
PRINTED NAME ADDRESS OF PROPERTY SIGNING PROPERTY
Title WITHIN A
MUNICIPALITY?
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Title WITHIN A
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9Q392
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:
Weld County Road 38 between Weld County Road 7 and
Interstate 25;
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 $55,000 in costs proposed
to be assessed to the local improvement district. Such improvement
district is for the purpose of:
Paving Weld County Road 38;
The specific improvements we wish to have constructed are as follows:
Shape, grade, pave and shoulder the above described road;
We request that the following materials be used:
Six inches of aggregate basecourse, 32' wide; and 3" 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 lot or parcel
of land described as follows:
All lots in Highland Estates subdivision as recorded on
September 11, 1974 under Reception Number 1644478; and the
South Half of Section 34, Township 4 North, Range 68 West; and
the Northeast Quarter of Section 3, Township 3 North, Range 68
West, as conveyed to the Margil Loving Trust by Deed as
recorded on May 29, 1991 under Reception Number 02251499.
We request that the cost to be assessed to the local improvement district
not exceed $55,000, which represents an assessment of approximately
$1,964.29 per lot or parcel of land;
The specific manner of payment we recommend is as follows:
The estimated $1,964.29 per lot or parcel of land would be paid in
full, without interest, or over a 10-year period, at an interest
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
T7jy ,�i ays� i3i.sue✓ //g Ct+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.
(7-C7 6/7_0 _,4‘2.-/ CMCO Z (74,5-c--
Signature of Circulator Printed Name
SUBSCRIBED AND SWORN to before me this 7 day of October
19 92.
WITNESS my hand and official seal.
Notary Public
My Commission expires: 08/03/93 Ritallorstrud
11 James Circle
Longmont, Co 80501
:rd34pet.92
lT I
rate of 8%, with the principal being divided into 10 equal annual
payments, and the interest computed to the unpaid balance.
We understand that the road preparation, which includes shoulder work and
base construction, will be performed by Weld County, and the cost will not
be assessed to the local improvement district.
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 I ADDRESS OF PROPERTY SIGNING PROPERTY
Title I WITHIN A
I MUNICIPALITY?
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STATE OF COLORADO )
ss. AFFIDAVIT OF PETITIONER
COUNTY OF WELD )
�obp:-L E, dr
I, Gc—r-rid 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 efitted.
7d r aa/."n( /626e,-4
Signature of Petitioner • Printed Name
SUBSCRIBED AND SWORN to before me this 2 day of QGlaho,^ !
19 9z .
WITNESS my hand and official seal. (7.-27 ///)-1
Notay/Public
My Commission expires: 675-:-/1"--447414
STATE OF COLORADO )
) ss. AFFIDAVIT OF PETITIONER
COUNTY OF WELD E )) //
I, (t-tit,-
,x 4. dnc.nib , 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 Pri ted Name
SUBSCRIBED AND SWORN to before me this .2 day of 4e1pj
1992. .
WITNESS my hand and official seal. -- /
Not y /Public
My Commission expires: &$--//s-`/5z
97030 9,,,
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STATE OF COLORADO ) AFFIDAVIT OF PETITIONER
ss.
COUNTY OF WELD ) �
I ,Y 1, T't5m / hff41-40At' , 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
benef'.tte . ?
•
Printed Name ; _
Sign ure of Petitioner
SUBSCRIBED AND SWORN to before me this
5k day of ,
191/41."--.---
WITNESS my hand and official seal. PiPill' ��� 2
Notary Public ! (�
My Commission expires: fr _fg, )??3
STATE OF COLORADO ) AFFIDAVIT OF PETITIONER
ss.
COUNTY OF WELD )
I, <1G7,4Alt Ai, /-1 li2 h'7JAI�,—Hn- 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 "owner" of real property proposed to be assessed
and/pen fitted. i7
Printed Name
SZ nature of Petitioner
SUBSCRIBED AND SWORN to before me this day of ��iv�t�_/az:•
199a.
WITNESS my hand and official seal. /,2 '' .< p*
Notary Public
My Commission expires:eCJ., /,} /75
f /gL. F/Z En G R0866Z7 S W i T /v en N b T/t c
ZC,v,3T.,Itc-s
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gDD2e`SS 399Y f/tiRw4rs AR
pcn -1-74c -a cc Ge . ge4rf
:rd38pet.pds u-l2A-4 1Wfri� ,2
CORRECTED
NOTICE
Docket. No. 92-66
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO,
TO BE KNOWN AS WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4, 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 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 Road 38 Local Improvement District Pc.
1992-4, for the purpose of constructing and installing street improvements 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 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:
Weld County Road 38, from Weld County Road 7, east a
distance of 0.9 of a mile, to the west line of the
right-of-way for Interstate 25.
The improvements include shaping, grading, draining, and
paving the above described roads.
The major construction quantities consist of 2, 100 tons
of hot bituminous pavement and 5, 750 tons of aggregate.
2. The area to be included within the district includes all lots in Highland
Estates Subdivision as recorded on September 11, 1974, under Reception
Number :1644478; and the SI of Section 34, Township 4 North, Range 68 West ;
and the NE* of Section 3, Township 3 North, Range 68 West, as conveyed to
the Margil Loving Trust by Deed as recorded on May 29, 1991, under
Reception Number 02251499, all in relation to the 6th P.M. in an
unincorporated portion of Weld County, Colorado, in an area generally
known as Weld County Road 38 between Weld County Road 7 and Interstate 25.
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 ten-pereent-{4B7} 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 (30) days, then the whole cost of tae
assessment against such property shall be payable in not more than tan
(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 $55,000.00. 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 will specifically benefit from the proposed
improvements based on the following facts:
NOTICE - WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT #1992-4
PAGE 2
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 cf 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 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 $1, 964.29, based upon the Engineer's
cost divided equally among the 28 lots, parcels, and tracts. IT [S
FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT,
SHOULD THE COST OF INSTALLATION OF HOT BITUMINOUS PAVEMENT ANI) PREPARATION
OF BASE EXCEED THE AMOUNT OF $1, 964.29 PER LOT, EXCLUDING INYEREST OR ANY
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 he
apportioned equally 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 he considered by the Board
of County Commissioners, to-wit: Wednesday, January 6, 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 he
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 BOAR])
BY: Shelly K. Miller, Deputy
DATED: December 21, 1992
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
corrected Notice, Docket #92-66, was placed in the United States mail, postage
prepaid, addressed to the following property owners.
DATED this c4O day of Q�QJy �jjJL' , 1992.
e 90 K_7 Yh�l/c _
Deputy Clerk(o the Board
L. Scott & Bonita K. Ekx William A. & Bonnie M. Lowe
3312 WCR 38 3351 Fairways Drive
Platteville, CO 80651 Platteville, CO 80651
Robert E. & Cynthia A. Crumb T. Robert & Susan D. Hall
1764 William Carey Road 3403 Fairways Drive
Mobile, AL 36613-2840 Platteville, CO 80651
Richard Wayne & Kathey Ann
David E. & Donna R. Koehler Whaley
17940 Wagon Trail 3471 Fairways Drive
P:.attevill.e, CO 80651 Platteville, CO 80651
Wayne L. & Carolyn M.
James M. & Barbara A. Foley Millspaugh
17918 Wagon Trail 17815 Frontier Drive
Platteville, CO 80651 Platteville, CO 80651
Anthony L. & Carol E. Cass Olen King & Diane Inez
3254 Fairways Drive 17879 Frontier Drive
Platteville, CO 80651 Platteville, CO 80651
Patrick S. Cannon & Ginger
Leigh Carol Ann Taylor
3274 Fairways Drive c/o Carol Holzem
Platteville, CO 80651 9311 Trenary Court
Elk Grove, CA 95624
Jerry J. & Lenora A. Goedert
3306 Fairways Drive Donald L. & Sandra M. Mc Ghee
P. 0. Box 364 17961 Frontier Drive
Mead, CO 80542 Platteville, CO 80651
Robert L. & Cynthia L.
Lawson Randal L. & Terry L. Lehl
3350 Fairways Drive 3380 WCR 38
Platteville, CO 80651. Platteville, CO 80651
James F. & Alice E. Schultz Diane L. Guenther
3444 Fairways Drive 17982 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Joseph C. & Sherrill D.
Eric H. & Robin E. Smith Carricato
3486 Fairways Drive 17936 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Alfred G. & Lee Ona R. Jeffrey E. & Patricia J.
Roberts Schust
3494 Fairways Drive 17935 Wagon Trail
Platteville, CO 80651 Platteville, CO 80651
Herman A. & L. Marie
Olinger John M. & Janet L. Birmingham
Box 311 17975 Wagon Trail
Mead, CO 80542 Platteville, CO 80651
Gilman E. & Margaret B.
Olson William H. & Bessie Mae Claus
17820 I-25 17896 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Leonard K. Paxton & Brenda
Joseph A. & Maureen A. Gang Brown
P. 0. Box 372 3291 Fairways Drive
Mead, CO 80542 Platteville, CO 80651
NOTICE
Docket: No. 92-66
OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DISTRICT IN WELD COUNTY, COLORADO,
TO BE KNOWN AS WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT NO. 1992-4, FCR 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 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 Road 38 Local Improvement District No.
1992-4, for the purpose of constructing and installing street improvements 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 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:
Weld County Road 38, from Weld County Road 7, east a
distance of 0.9 of a mile, to the west line of the
right-of-way for Interstate 25.
The improvements include shaping, grading, draining, and
paving the above described roads.
The major construction quantities consist of 2, 100 tons
of hot bituminous pavement and 5, 750 tons of aggregate.
2. The area to be included within the district includes all lots in Highland
Estates Subdivision as recorded on September 11, 1974, under Reception
Number 1644478; and the Si of Section 34, Township 4 North, Range 68 West ;
and the NEt of Section 3, Township 3 North, Range 68 West, as conveyed to
the Margil Loving Trust by Deed as recorded on May 29, 1991, under
Reception Number 02251499, all in relation to the 6th P.M. in an
unincorporated portion of Weld County, Colorado, in an area generally
known as Weld County Road 38 between Weld County Road 7 and Interstate 25.
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) equa: annual
installments of principal with installments of interest on unpaid
installments at an interest rate of ten percent (10%) 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 (30) days, then the whole cost of the
assessment against such property shall be payable in not more than ;.en
(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 $55,000.00. 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 will specifically benefit from the proposed
improvements based on the following facts:
NOTICE - WELD COUNTY ROAD 38 LOCAL IMPROVEMENT DISTRICT 41992-4
PAGE 2
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 maintenarce
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 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 $1,964.29, based upon the Engineer's
cost divided equally among the 28 lots, parcels, and tracts. IT IS
FURTHER STATED AS THE INTENT OF THE BOARD OF COUNTY COMMISSIONERS THAT,
SHOULD THE COST OF INSTALLATION OF HO7 BITUMINOUS PAVEMENT AND PREPARATION
OF BASE EXCEED THE AMOUNT OF $1,964.29 PER LOT, EXCLUDING INTEREST CR ANY
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 equally 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 prcvided
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, January 6, 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 Streat, (Ireelev,
Colorado.
8. A map, estimate, and schedule showing the approximate amount Lo 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: Shelly K. Miller, Deputy
DATED: November 18, 1992
PUBLISHED: December 3, 1992, in the Windsor Beacon
•
Sala
Docket No.91*
A.The awl*vatrr el watt
OF A PROPOSITION TO tea rperrs Mhreasel
CREATE A LOCAL
IMPROVEMENT DISTRICT IN B.The prepared Improvements
WELD COUNTY,COLORADO, WR adapt the erepea sun•more
TO BE KNOWN AS WELD PrdYNeuse AFFIDAVIT OF PUBLICATIONCOUNTY ROAD 38 LOCAL
IMPROVEMENT DISTRICT NO. C.Use wR te an alleviation of
1092-4,FOR THE PURPOSE fugitive dust.eliminating the STATE OF COLORADO
OF CONSTRUCTING AND heath hazards to the berated
INSTALLING STREET properties end to users el the SS
IMPROVEMENTS TO INCLWE Pub***to be imthee4 COUNTY OF WELD
COMPACTION, GRADING,
AND PAVING, TOGETHER D.Thealeribn of fugitive chat
WITH ANY NECESSARY wgr5durrmimraae costs lo I, KEITH HANSEN, of said County of Weld, be::tg duly
INCIDENTALS,TO CERTAIN the subject repeals, and
ROADS THEREIN,AND OF A Paving will lessen the sworn,say that I am publisher of
PUBLIC HEARING THEREON. maintenance required for
public rope;and
All owners of real estate and WINDSOR BEACON
property hereinafter described E.The proposed improvements
and all persons generally,are will facilitate access to each of
hereby nettled that the Board of the properties and thereby a weekly newspaper having a general circulation in said
opMy Commtsetrers awe's kwnrs the dpconwnrece a the County and State, published in the town of WINDSOR,
County,Colorado,nhas adopted °••d•etda°p°'ly' in said County and State; and that the notice, of which
a Resolution declaring Its intent
to create•local improvement Based on the findings and the annexed i a true copy, has been published n said
district within an unincorporated County atop•of the Board d
area Weld County,Colorado, County Commissioners.It b weekly for _successive weeks, that the novice
to be designated as Weld Intended that all d the costs d was ublished in the re 1a - prof
County Road 311 Local the street improvements will he P gu ran('_ eI1t1TB :SSue U'eve
Improvement District No.1092- assessed equally against all d number of the paper during the period and time
4,1«the purpose d«�rowdkg the above described lots,
publication, and in the newspaper proper and nit in a
and installing street perpw..d tracts. supplement, and that the first publication of said notate
t Improvements to include owners are specifically
compaction, grading, and Property was in said paper bearing the date of the
paving. together with any referred to the schedule of
necessary Incidenta.a.and to estimated proposed 7( � i,
assess the cost of said assessments on fie in the Office day of - 'L'[,'�4'v«II A.�., 19 t�-1.- and
petition
of
proposed by of the Ozark topr xma1teamou^ the last publication bearing the date o
who would ul owners d e onproperty- t obe do app f the
win more than one- p be lar l eat* spinet any
01
half of the total proposed Particular Ie4 heel s Pare d A.J 19__ _ a.nd
ina wi hin the laws.t Pro**oilytr•d•N"r+"4 bet
ee that the saidy oWINDSOR BEACON has been pui lisi:ed in accordance with the d further It le Meted that the approximate amount to be
the SIabdCol«sso. $l,964.l spot is aseeseed and eat aeaux•ne continuously and uninterruptedly for the erecol of 5
gt,oe4.'s Oew•d awl the end Breese' a are r Re cod P YP
1.All persons are further improvements anion awes Orr swab consecutive weeks, in said County and State, prior to :he
that the kind of among the IT S. FLIRT,end any be ern and examined by
proposed and the streets to be STATED AS E INTENT OF anybus WO Saturs o any
rtibe duringre the date of first publication of said notice, and the sane is a
improved are as follows: THE BOARD OF COUNTY date referred to in Paragraph 7, newspaper within the meaning Uf :sun Act CO Ie;relate
Weld County Road 38,from COMMISSIONERS THAT, printing Of legal notices an adverti semenis, ap.�rovea
Weld County Roao 7,east• SHOULD THE COST OF 0.AY compliesad objections May 18, 1931, and all prior'dots are as in force.
distance of 0.9 d a rile,to the INSTALLATION OF HOT that may ay be be made In writing • /
west Ins-of the riBht•d-w*for BITUMINOUS PAVEMENT AND concerning the proposed r
Internal e26. PREPARATION OF BASE improvements by the owner Of
EXCEED THE AMOUNT OF owners m any real property to be .al-, , / �,�i
will be heard and C
The Improveme ma Include d EXCLUD9 PER LOT, by
shaping, egrading,draining,and EXCLUDING PENALTIES,
THE OE County Co mi the Board d c ssioners at the • P LUSHER
paving the above described ANY COUNTY OFWELD WILL County
g specified above,or at 1
role. I
ASSUME PAYMENT OF THE some adjournment thereof, Subscn d and sworn to before me this / �A- cay
before final action sell be bMn. ,, '
The major o o2, 00 construction o EXCESS. of �l-,C f 1L/A G� -t_ 19,T`'_
o hotNbit consist d pavement
tons //�'
of hot bituminous Aga core Improvements.ven ct or as
of sale BOARD OF CO WELD
5,750 tons d aggregate. thereof fi soon r the COMMISSIONERS,LORAD, 1
total costth is definitely he total
COUNTY,COLORA00 ,/ V)&r� i/l vVvx.ntL
2.The area to be included within ascertained,the wt d the total l be BY: DONALD D. WARDEN, NOTARY PUBLIC
the district includes all lots in apportioned equally to s leach of CLERK TO THE BOARD ,
Highland Estates September
i, app t r �y�.31•
'
recorded on 3 option ere 11, the above described lob and My commission expires_-77- -� ,
1974,under Reception Number parcels. Notice of such BY: She*K.Miller,Deputy
1644478; and the 51/2 el a al fling Mgiven ►WINAN le tee MIaNr
Section 34,Township 4 North, and•e e g et r hid—pier cease M Ole tee elan.
— Range 68 Weer:and the NE1/4 to the Neprtr et 0 RMMlEas
of Section a Township 3 North. aa+rslee*eh cost, all as
Range 68 West,as conveyed to provided*Ow.
the Magil Loving Trust by Deed
as recorded on May 29.1991, 7.Nat oar gin Serb 1*rye
under Reception Number after the publication of Ina
02251499,all in relation to the Notice,•Resolution authorizing
6th P.M.In an unincorporated said improvements will t a
portion of Wee County, considered by the Board of
Colorado,in an area genera* County Co mmissloars,to-w,C
•
known as Weld County Road 38 Wednesday,January 6,1903, t
between Weld County Road 7 10:00 a.m.,er at an adjourned
•
and Interstate 25. The District meeting thereafter,in the Fir:t
shall also include the rights-d- Floor Heedng Room of the Wed
way of the County roads County Centennial Center,915
described herein. Tenth Street.Greeley,Colorado.
' The erss•w,eat tee rte g. A mp, estbeela and
ovenwnts ray be wed le sober* •beree the
ten (t0) equal casual
InstaMynts of plant with
hwlYylalaa of Saraat an Impala
ISMaMmslaa at an Maisel lay of
ten percent (10%) Nmpis ResInteract pet noun.
1.d a able with will be due
ans payable without tlemenn
wthln INrly(3p)daya hen ann
after the final publication of a.
said Improvements.
Ma 005 e,
said Inpovadeser against iha
feel rpropeM loathes herein it..
p ph 2. In the event any
assessment against his or her
property is not paid within al
thirty(30)days,then the whole cost of the
pe yassessment against
such properly shall oy b b e payable in
not more than ten(10)equal
annual Installments of principal with interest on the unpaid
Bret of enta,as lments d. The
lire of such instaable al rime be
due and payable!such time as
may M determinedin and by the
assessing Resolution and the
remainder of said installments
shalt be due and payable
successively onthe same day in
each year thereafter. unless
otherwise determined by the
Board of County
Cad in full.n are until they are
paid toll.
5.As shown by the estimates of
the Weld County Engineer,the
total cast of the street
Improvements to be assessed
against the estimateddistrict not to
exceed $55,000.00. This
represents an estimate of the
coat of pie labor aid matelot
for instalgla by oontrad of the
cot bitunynous pamsnt and
base prparation, Tae Bard of
•
County Commissioners,
Pursuant to Section 30.20.505,
Colorado Revised Stnd ha
preliminarily found and
debnnYud that each and every
described let of wool will
speeNbelty bea/M from the
plopeW aapraaellrelW Meld
on the liswbq lay;
93100 .1
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
Notice, Docket #92-66, was placed in the United States mail, postage prepaid,
addressed to the following property owners.
DATED this //(.42 — day of il77,/y'(, Fi'i.,) , 1992.
4-4
Deputy Clerk/ o the Board
L. Scott & Bonita K. Ekx William A. & Bonnie M. Lowe
3312 WCR 38 3351 Fairways Drive
Platteville, CO 80651 Platteville, CO 80651
Robert E. & Cynthia A. Crumb T. Robert & Susan D. Hall
1764 William Carey Road 3403 Fairways Drive
Mobile, AL 36613-2840 Platteville, CO 80651
Richard Wayne & Kathey Ann
David E. & Donna R. Koehler Whaley
17940 Wagon Trail 3471 Fairways Drive
Platteville, CO 80651 Platteville, CO 80651
Wayne L. & Carolyn M.
James M. & Barbara A. Foley Millspaugh
17918 Wagon Trail 17815 Frontier Drive
Platteville, CO 80651 Platteville, CO 80651
Anthony L. & Carol E. Cass Olen King & Diane Inez
3254 Fairways Drive 17879 Frontier Drive
Platteville, CO 80651 Platteville, CO 80651
Patrick S. Cannon & Ginger
Leigh Carol Ann Taylor
3274 Fairways Drive c/o Carol Holzem
Platteville, CO 80651 9311 Trenary Court
Elk Grove, CA 95624
Jerry J. & Lenora A. Goedert
3306 Fairways Drive Donald L. & Sandra M. Mc Ghee
P. 0. Box 364 17961 Frontier Drive
Mead, CO 80542 Platteville, CO 80651
Robert L. & Cynthia L.
Lawson Randal L. & Terry L. Lehl
3350 Fairways Drive 3380 WCR 38
Platteville, CO 80651 Platteville, CO 80651
James F. & Alice E. Schultz Diane L. Guenther
3444 Fairways Drive 17982 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Joseph C. & Sherrill D.
Eric H. & Robin E. Smith Carricato
3486 Fairways Drive 17936 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Alfred G. & Lee Ona R. Jeffrey E. & Patricia J.
Roberts Schust
3494 Fairways Drive 17935 Wagon Trail
Platteville, CO 80651 Platteville, CO 80651
Herman A. & L. Marie
Olinger John M. & Janet L. Birmingham
Box 311 17975 Wagon Trail
Mead, CO 80542 Platteville, CO 80651
Gilman E. & Margaret B.
Olson William H. & Bessie Mae Claus
17820 I-25 17896 WCR 7
Platteville, CO 80651 Platteville, CO 80651
Leonard K. Paxton & Brenda
Joseph A. & Maureen A. Gang Brown
P. O. Box 372 3291 Fairways Drive
Mead, CO 80542 Platteville, CO 80651
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