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HomeMy WebLinkAboutCorrespondenceRecorded at 0; DoT o ' .� OCT 2 4 1985 Reception I� � o clad `� M. � BOOK 6�' P„�E`�`5y o.�g MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO STATE OF COLORADO, COUNTY OF GARFIELD IN RE THE ORGANIZATION OF BATTLEMENT MESA METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO The Board of County Commissioners of Garfield County, Colorado, met in regular session at the Commissioners Hearing Room, in the Garfield County Courthouse, in Glenwood Springs, Colorado, being the regular meeting place of said Board, at `9:25 o'clock A .M., on Monday , the 20th day of .!0otober , 19 86 . There were present: Chairman: Commissioners: County Clerk and Recorder: Larry Schmueser Robert Richardson (Absent) Flaven J. Cerise Mildred Alsdorf County Attorney :bon DeFord Absent: Flaven J. Cerise, Commissioner Thereupon the following proceedings, among others, were had and taken. The County Clerk and Recorder informed the Board that a Service Plan and supplemental documents had been filed for the proposed Battlement Mesa Metropolitan District, and a request made that a Hearing on said Service Plan be called and held. Thereupon Commissioner Richardson introduced and moved the adoption of the following Resolution: STATE OF COLORADO, COUNTY OF GARFIELD NOTICE OF HEARING IN RE THE ORGANIZATION OF BATTLEMENT MESA METROPOLITAN DISTRICT, GARFIELD COUNTY, COLORADO PUBLIC NOTICE IS HEREBY GIVEN that there were filed with the County Clerk and Recorder of Garfield County, Colorado, a Service Plan and related documents for the proposed Battlement Mesa Metropolitan District. The Service Plan and related documents are now on file in the Office of the County Clerk and Recorder and are available for public inspection. NOTICE IS FURTHER GIVEN that by Order of the County Commissioners of Garfield County, Colorado, a public Hearing on said Service Plan and related documents will be held at the Commissioners Hearing Room, in the Garfield County Courthouse, in Glenwood Springs, Colorado, at 10:00 o'clock A .M. , on Monday the 17th day of November 19 $b The purpose of the Hearing shall be to consider the adequacy of the Service Plan of the proposed Battlement Mesa Metropolitan District and to form a basis for adopting a Resolution approving, conditionally approving, or disapprov- ing the Service Plan. The proposed District is located entirely within Garfield County, Colorado, and is described as follows: See attached Exhibit A NOTICE IS FURTHER GIVEN that pursuant to Sec- tion 32 -1- 305(3), C.R.S., as amended, the owner of real property within the proposed District may file a petition with the District Court in and for Garfield County, request- ing that such real property be excluded from the proposed District. Such petition may be filed anytime after the petition for the organization of the District is filed with the District Court, but no later than ten (10) days before the day fixed for the hearing on the organizational petition. THIS NOTICE GIVEN BY ORDER OF THE Board of County Commissioners of Garfield County, Colorado, this 20th day of October , 19 86 . j i) •r 6, S E� -s A •I;i = S f `i R 4; County Clerk and Reco/der Garfield County, Colorado Exhibit A BATTLEMENT SSA METROPOLITAN DISTRICT BOUNDARY Being a 180.67 acre parcel of Land situated in the west half of Sep -tion 18, Township 7 South, Range 95 West and the east half of Section 13, Township 7 South, Range 96 West of the 6th Principal Meridian, Garfield County, Colorado and being more particularly described as follows: Commencing, as a paint of reference, at the southeast corner of said Section 13, and considering the line between the southwest quarter of said Section 18 and the southeast quarter of said Section 13 to bear N 01' 05' 12" E with all bearings contained herein relative thereto; Thence N 55' 25' 29" W 1180.60 feet to the POINT OF BB INNt 3; Thence S 59' 29' 16" W 1225.50 feet to a point on the boundary of the Battlement Mesa P.U.D. (Reception No. 333476); Thence along said P.U.D. boundary the following eighteen (18) courses and distances: 1) N 88' 52' 30'1'14202.82 feet, 2) N 00' 00' 00" E 461.13 feet, 3) N 81' 10' 00" W 955.94 feet, 4) N 26' 28' 25" E 232.98 feet, 5) N 30' 21' 25" E 206.15 feet, 6) N 35' 25' 25" E 644.58 feet, 7) N 29' 17' 25" E 829.38 feet, 8) N 40' 24' 25" E 99.86 feet, 9) N 36' 27' 25" E 150.05 feet, 10) N 34' 54' 25" E 163.27 feet, 11) N 31' 12' 21" E 266.75 feet, 12) N 50' 36' 25" E 686.79 feet, 13) N 72' 23' 50" E 390.96 feet, 14) N 76' 17' 12" E 151.22 feet, 15) N 77' 41' 27" E 463.54 feet, 16) N 79' 53' 07" E 281.99 feet, 17) N 79' 01' 50" E 87.91 feet, 18) N 62' 57' 39" E 257.89 feet, Thence departing said P.U.D. boundary and along the following ten (10) courses and distances; 1) S 32' 23' 53" E 402.84 feet, 2) S 89' 07' 45" E 470.00 feet, 3) S 00' 52' 15" w 580.30 feet, 4) N 88' 23' 00" w 90.05 feet, 5) S 17' 37' 00" w 180.00 feet, 6) S 33' 48' 22" W 9.00 feet, 7) S 83' 45' 00" W 10.00 feet, 8) S 13' 45' 00" E 29.50 feet, 9) S 50' 45' 00' E 12.00 feet, 10) S 15' 45' 10" E 150.60 feet to a point on the northerly right-of-way line of propoead River Bluff Road; Thence along said proposed right -of -way the following four (4) courses and distances: 1) 257.90 feet along the arc of a curve to the left having a central angle of 34' 46' 07 ", a radius of 425.00 feet and a chord which bears 5 49' 35' 41" W 253.96 feet, 2) 209.14 feet along the arc of a curve to the right having a central angle of 24' 21' 19 ", a radius of 492.00 feet and a chord which bears S 44' 23' 16" W 207.57 feet, 3) S 56' 33' 56" W 95.61 feet, 4) S 33' 26' 04" E 100.00 feet, Thence departing said right-of -way the following five (5) courses and distances: 1) S 35' 01' 13" W 792.10 feet, 2) N 78' 40' 06" W 243.40 feet, 3) S 58' 37' 17" w 492.03 feet, 4) S 29' 02' 34" W 167.30 feet, 5) S 41' 48' 15" W 425,35 feet to the POINT OF BEGINNING. Section 5. That the Clerk is hereby further directed to deliver a copy of the Service Plan to the County Planning Commission, with the direction that said Commission shall study said Service Plan and that a representative thereof shall present its recommendations to the Board of County Commissioners at the Hearing described in Section 1 above. Section 6. That all resolutions, or parts thereof, in conflict with the provisions hereof, be and the same are hereby repealed. Section 7. That this Resolution, immediately upon its passage, shall be recorded in the Book of Resolutions of the County kept for that purpose and shall be authenticated by -the, signatures of the Chairman of the Board of County Commissioners and the County Clerk and Recorder. ADOPTED AND APPROVED this 20th day of October 19 8`6 "'. L.-.11) a EI A rE �^J o my Clerk and RecoUrder j �- -- Chairman - -bard of County Commissoners 1, 'ZS.; :s. -... :�:u.•�. -ry.. .,c.;v r.a-. r ++!'r x�.:i: niae'ZS.; : �.-*r?. • v .L •,�?`r+?.:,. Y 15 <..! /r:- CeLr�,'.t'.ry',.U7i',.. Yir i�`.: ;- • It was then moved by Commi- ssioner Richardson that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Resolution at this meeting, be and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, the roll was called with the following result: Those voting AYE: Commissioners: Robert Richardson Chairman Larry Schmueser Those voting NAY: two (2) members of the Board of County Commissioners having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Commissioner Richardson then moved that said Resolution be passed and adopted as read. The question being upon the passage and adoption of said Resolution, the roll was called with the following result: Those voting AYE: Commissioners: Robert Richardson Chairman Larry Schmueser Those voting NAY: The presiding officer thereupon declared that a majority of all of the Commissioners elected having voted in favor thereof, the motion was carried and the Resolution duly passes and adopted. r�r • d 1• �J t% .yr•+� ( S. E -A(. L..) • ; - { ,/ ATTEST ti — i . • ,I County. Clerk -•and- Reco Chairman �� Board of County Commissioners STATE OF COLORADO, COUNTY OF GARFIELD I, , County Clerk and Recorder of the County of Garfield, State of Colorado, do hereby certify that the foregoing pages constitute a true and correct copy of the record of proceedings of the Board of County Commis- sioners of said County, taken at a regular meeting held on , the day of , 19 , at the Commis- sioners Hearing Room, in the Garfield County Courthouse, in Glenwood Springs, Colorado, insofar as said minutes relate to a Resolution setting a Hearing on the Service Plan for the proposed Battlement Mesa Metropolitan District, a copy of which is therein set forth; that the copy of said Resolution contained in the minutes is a full, true and correct copy of the original of said Resolution as adopted by the Board of County Commissioners at said meeting; that the original Resolution has been duly signed and approved by the presiding officer of the Board of County Commissioners and myself, as County Clerk and Recorder, sealed with the corporate seal of the County and recorded in the Book of Resolutions of the County kept for that purpose in my office. I further certify that the Chairman and members of the Board of County Commissioners were present at said meeting and that members of the Board voted on the passage of the Resolution as set forth in said minutes. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said County at Glenwood Springs, Colorado, this day of , 19 (SEAL) County Clerk and Recorder GARY R. WRITE (303) 809-3708 1 I ) CALKINS, KRAMER, GRIMSHAW & BARRING A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 3800 ONE UNITED BANK CENTER nloo LINCOLN STREET DENVER, COLORADO 80203 TELEPHONE (303) 839 -3800 (TELecopr9a; 903 -899 -3838) September 18, 1986 Mr. Mark L. Bean Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 -3303 Re: Battlement Mesa Metropolitan District Dear Mark: SEP 2 2 1986 GARFIELD COUNTY Enclosed is a letter addressed to Rick Stonger and Wallie Rasmussen containing a proposed schedule for the organization of the Battlement Mesa Metropolitan District. Mr. Stanger and Mr. Rasmussen have approved the schedule and have directed me to forward it to you for comment. Our intention is to give you adequate time to review the draft Service Plan we left with you during our last visit, at which time I believe you indicated an estimated formal filing date of October 1 is attainable. I would like to call you during the week of September 22, 1986 to discuss comments you may have on the initial draft of the Service Plan so we can proceed to print the final draft in antici- pation of the October 1 filing date. If your preference is to postpone the filing date in order to have additional time to review our draft, please let me know so I can adjust the schedule accordingly. I look forward to contacting you by telephone next week. Very truly yours, CALKINS, KRAMER, GRIMSHAW & HARRING cc: Don DeFord Rick Stonger Wallie Rasmussen Ken Wright Trish Flood GRW /lab Enclosure 9976.012 BATTLEMENT MESA 0 u OCT 22 1986 GARFIELD COUNTY WATER AND SANITATION DISTRICT October 14, 1986 TO: Customers of Battlement Mesa Water and Sanitation District The Battlement Mesa Water and Sanitation District (District) has recently secured a long term Service Agreement with Battlement Mesa, Inc., (BMI). Under the Agreement, the District will purchase potable drinking water from BMI, and BMI will treat the District's wastewater. In conjunction with this Service Agreement, the District will begin charging its customers a monthly fee beginning January 1, 1987: o Water charges for single family residential customers: $5.00 per month for up to 5,000 gallons used, and $1.00 per 1,000 gallons used in excess of 5,000 gallons. o Water charges for non - residential customers: $5.00 per month per equivalent single family residence, and $1.25 per 1,000 gallons used in excess of 4,000 gallons per equivalent single family residence. • Wastewater charges for all customers: $8.50 per month per equivalent single family residence. Fees for a single family residential customer should range from about $19.00 per month during the winter to about $29.00 per month during the summer, but will depend on actual water used. These fees are among the lowest in Western Colorado and reflect the favorable terms the District was able to obtain. Meters will be read on or about January 1, 1987, and checked for proper operation. To save money, meters will be read only every three months thereafter; however, bills will be sent monthly. When actual meter readings 41 C. not GYIA. 11.. _.IC, an i:JL I... (,ALC c Usc, will be made Y'I 1 l.pp rL r" a.0 adjustments made every three-months. Payment terms and conditions will be noted on the billing. The Board of Directors of the Battlement Mesa Water and Sanitation District is pleased to begin this service to you and will strive to provide quality service at reasonable prices. WWW:ccb Sincerely, W. W. Wilde Vice President P.0 Box 96 • 0073 G Sipprelle Dr. • Battlement Mesa • Parachute, CO 81635 bc: Mr. Mark Bean, Garfield County Planning Dept."' Mr. Mel Flowers, Olson, Shultz & Flowers, P.C. Mr. Gary White, Calkins, Kramer, Grimshaw & Marring Mr. R. B. Cloninger, Cloninger & Associates Ms. Dottie Pologar, Century 21, Rifle Associates Mr. W. E. Rasmussen Mr. R. S. Beaman Mr. A. C. Bishard Mr. R. A. Foster Mr. R. A. Stanger GARY R. WHITE (303) 839 -3709 CALk.. S, SB.AMER, GarmsaAw & 13A LaNG A LAW PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SUITE 380o ONE UNITED BANK CENTER 1700 LINCOLN STREET DENVER, COLORADO 80203 TELEPSONE (303) 839 -3800 (TrLSCOrf611: 303 - 83.3838) September 11, 1986 Mr. Rick Stanger Battlement Mesa, Inc. P.O. Box 308 Grand Junction, CO 81502 -0308 Mr. Wallie Rasmussen Exxon Company U.S.A. P.O. Box 120 Denver, CO 80201 Re: Battlement Mesa Metropolitan District/ Organizational Time Schedule Dear Rick and Wallie: This letter contains a tentative schedule for the organization of the Battlement Mesa Metropolitan District. I have assumed the maximum time periods allowed by statute for each step of the process; however, it has been my exper- ience that maximum time periods are not always needed. Please note that I have assumed a service plan filing date of October 1, 1986 to be followed by a County Planning Commission hearing on October 8, 1986. If the Planning Commission hearing cannot be held on October 8, for whatever reason (the service plan is filed late, the Planning Commis- sion needs more than a week to review the service plan, or for other reasons), the Planning Commission hearing cannot be held until November 12, 1986, which would cause the remainder of the schedule to slip accordingly. Please review the following schedule and let's discuss it as soon as possible so it can be submitted to Garfield County as promised. Date Action October 1 1986 File service plan (Board of County Commissioners must meet within 10 days to set hearing). ,dl' /' October- Planning Commission hearing (must be held before Board hearing). Mr. Rick Stanger Mr. Wallie Rasmussen September 11, 1986 Page 2 'JD() _ J4 October al t County Commissioners set service plan hearing date (hearing must be held within 30 days). 7 November 10, Board hearing (decision due in no more than 20 days). December 1 December 4 December 24- January 13, 1987 December 24- January 13, 1987 March 3 Board decision File petition in District Court (District Court hearing must be held within 20 -40 days). District Court hearing File nominating petitions for directors (election may be held no sooner than 45 days thereafter). Organizational and directors election March 10 Organizational meeting Perhaps the two of you should discuss this schedule by telephone and then call me so it can be revised, if necessary, before I submit it to the County. In the meantime, I am preparing a packet of organizational documents to be delivered to the County. I look forward to hearing from you. Very truly yours, CALKINS, KRAMER, GRIMSHAW & HARRING Gary GRW /lab 9976.012 GARFIELD COUNTY PLANNING DEPARTMENT September 18, 1986 Gary R. White Calkins, Kramer, Grimshaw & Barring Suite 3800, One United Bank Center 1700 Lincoln St., Denver, CO 80203 RE: Draft Battlement Mesa Metropolitan District Service Plan Dear Mr. White: Pursuant to our conversation earlier this month, I am writing this letter to convey any comments the County might have about the proposed Battlement Mesa Metropolitan District Service Plan. After a review of the draft document, we have not found any information required by statute missing. There may be comments on the substance of the information during the formal review, that we cannot anticipate at this time. If you could provide 15 copies of the service plan, we will be able to provide copies to the Board of County Commissioners, Planning Commission, County Assessor, County Attorney, and Planning Department. This would also allow us to have additional copies to check out to other interested parties on a short term basis. If you have any questions, or concerns, feel free to call or write to this office, at your convenience. Sincerely, Mark L. Bean Planning Director MLB /emh KC: Rick Stonger 109 8TH STREET, SUITE 303 945 -8212 / 625 -5571 GLENWOOD SPRINGS, COLORADO 61601