HomeMy WebLinkAbout139 - 11/19/1985 - CREATION AND ORGANIZATION OF THE GREENBRIAR SPECIAL IMPROVEMENT DISTRICT NO. 87 ORDINANCE NO. 139 -1985
OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE
CREATION AND ORGANIZATION OF THE GREENBRIAR SPECIAL IMPROVEMENT
DISTRICT NO. 87 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS
THEREIN.
WHEREAS, the necessary proceedings have been initiated to
create the Greenbriar Special Improvement District No . 87 ( the
"District" ) for the purpose of installing the following
improvements , to wit : street, curb and gutter, sidewalk, street
lighting, water line , sanitary sewer line , storm drainage , and
landscaping improvements (the " Improvements" ) , for the benefit of
the property contained within and adjacent to the boundary of said
District as set forth on Exhibit "A" attached hereto and , by this
reference , incorporated herein; and
WHEREAS, the Council of the City of Fort Collins ( the
"Council" ) began proceedings to acquire , install , and construct
the Improvements in the District by the acceptance of a Petition
of the property owner in the District and the adoption of
Resolution No . 85-211 relating thereto on the 5th day of
November, 1985, and Resolution No . 85- 212 on the 5th day of
November, 1985; and --
WHEREAS, the City of Fort Collins , Colorado ( the "City" ) , has
received the necessary report and accepted the waiver of any
notice requirements pursuant to Chapter 16 of the Code of the
City; and
WHEREAS, the property owner in said District ( the
"Petitioner" ) has expressly waived , in writing, notice and other
provisions to which it would otherwise be entitled pursuant to
Chapter 16 of the Code of the City; and
WHEREAS, the Petitioner shall enter into agreements with the
City concerning the formation of the District and the management
of the construction of the Improvements and shall provide therein
the rights and responsibilities of all parties relative thereto;
and
WHEREAS, the Council is of the opinion that it is in the best
interest of the residents of the City to form the District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1 . That there is hereby created and organized a
special i— mp ement district under and by virtue of the provisions
of Chapter 16 of the Code of the City, and pursuant to the
provisions set forth in the agreement between the City and the
Petitioner reqardinq the District , to be known as the Greenbriar
Special Improvement District No . 87, comprised of the real
property described on Exhibit "A" , hereto.
Section 2 . That the Improvements to be constructed in the
District shall consist generally of street , curb and gutter,
street lighting, water line, storm drainage , sanitary sewer line ,
and landscaping improvements as more fully described in the
Engineering Report for the District and Resolution 85- 212 on
file with the City Clerk and incorporated herein by reference._
Section 3. The estimated total cost of the Improvements
includingout limitation , the cost of planning, constructing,
engineering, or otherwise acquirinq the improvements; and
excluding legal and advertising costs, interest during
construction and until assessments are made by ordinance against
the properties benefited and other costs to the District , as shown
by the estimate of probable total cost, as made by the Director of
Public Works , is 51 ,673, 828.
The estimated amount or proportion of the total cost to be
paid by other than special assessments is S254, 303. The foregoinq
shall constitute the maximum obligation of the City,
notwithstanding that costs might exceed estimates heretofore
submitted , unless appropriation is made therefor . The balance of
the total cost in the District ( i .e. , estimated at S1 ,4191525)
upon the completion of the improvements shall be apportioned in an
assessment roll against each lot, tract , or parcel of land to be
assessed, which assessment roll shall include additional
assessments to cover the costs of legal and advertising, interest
during construction and until assessments are made by ordinance
against the property benefited , and other incidental costs to the
District. Assessments shall be levied by an assessing ordinance .
Such assessment shall be a lien until paid in the several amounts
assessed against each lot , tract , or parcel of land. The cost of
acquiring, constructing, or otherwise installing the improvements
in the District shall be assessed against those lots , tracts or
parcels of land owned by the Petitioner, in the manner set forth
in the Petition for the District on file with the City Clerk. The
total of all aggregated assessments , shall be sufficient to
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cover the portion of the total cost of the Improvements to be
defrayed by special assessments.
Section 4 . After any lot, tract , or parcel of property
within theDistrict is divided into smaller parcels or other
property interests , the assessment aqainst such lot , tract , or
parcel shall be reallocated so that the assessment against each
such smaller parcel or other property interest shall bear the same
ratio to the oriqinal assessment against such tract or parcel as
the proportionate interest in such smaller parcel or other
property interest bears to the interest in sellable land in such
original tract or parcel as so divided into smaller parcels or
other property interests . The entire unpaid principal of any
assessment or reallocated assessment , as the case may be , together
with interest accruing thereto to the next assessment interest
payment date (except to the extent that interest on the bonds to
be issued by the City for the District has been capitalized
through such date) shall be immediately due and payable by the
seller or transferor thereof prior to the sale or transfer of any
tract or parcel , or portion thereof if such tract or parcel shall
have been divided as aforesaid , unless the purchaser or transferee
thereof shall acknowledge , in writing , receipt of notice that the
seller or transferor is not paying such assessment or reallocated
assessment in full prior to such sale or transfer, and that such
assessment or reallocated assessment against such tract or parcel ,
or portion thereof as the case may be , shall continue to he a lien
thereon .
Section 5. That pursuant to Chapter 16 of the Code of the
City, the Council has considered all complaints or objections made
or filed in writing by the owners of any real property to be
assessed and any other interested person; and that the Council
further finds that all requirements of the Code of the City
reqardinq the organization of the District have been observed and
complied with or properly waived in accordance with Section 16-38
of the Code; and it is hereby ordered that the improvements in the
District, as provided for in the maps , plans and specifications
heretofore adopted by the Council , be and they hereby are, ordered
to be constructed .
Section 6. That the City Manager is authorized to execute
agreements on behalf of the City with the Petitioner concerning
the formation of said District and the management of construction
of the District , and to provide in said agreements the rights and
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responsibilities of the Petitioner and the Citv relative to said
District .
Section 7. when the Improvements herein authorized have been
completed and the same approved and accepted by the City, the
costs as set forth in Section 3 abo Te shall be assessed upon the
real property in said District , all as set forth in the Petition
and Resolution 85-�2_ for t
Clerk. he District on file with the City
Section 8. This Ordinance shall be irrepealable until the
indebtedness herein provided for , whenever the same shall be
created , shall have been duly paid , satisfied , and discharged as
herein provided .
INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND
ORDERED PUBLISHED THIS 5th DAY OF November , A.D. , 1985, AND TO
BE PRESENTED FOR FINAL PASSAGE ON THE 19th DAY OF November , A.D. ,
1985.
avor
ATTEST:
Passed and adopted on final reading by the Council of the
City of Fort Collins this 19th day of November-�, A. D. , 1985.
ayor
ATTEST:
' Y �er�„
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EXHIBIT "A"
LEGAL DESCRIPTION OF DISTRICT PROPERTY
All of the Replat of Greenbriar Subdivision , City of Fort
Collins, County of Larimer , State of Colorado, according to the
plat thereof_ recorded August 15 , 1985 at Reception Number 85040230
in the records of the Larimer County, Colorado , Clerk and
Recorder ' s office , EXCEPTING Tract "A" thereof; and Tracts "O" and
"P" of the plat of Green rear Subdivision ( "Greenbriar" ) , City of
Fort Collins, County of Larimer, State of Colorado, according to
the plat thereof recorded April 2, 1979 in Book 1940 at Paae 283
in the records of the Larimer County, Colorado , Clerk and
Recorder 's office; and also that part of Willox Lane right-of-way
dedicated on the Replat of Sandcreek Village P.U.D. , City of Fort
Collins, Colorado and on the plat of Greenbriar from Bramblebush
Street to Redwood Street , according to the recorded plat thereof;
all of the above property being more particularly described as
follows :
A tract of land situate in the North 1/2 of the North-
east 1/4 of Section 1 , Township 7 North , Range 69 West
of the 6th P.M. , City of Fort Collins, County of Larimer,
State of Colorado which considering the North line of
the said Northeast 1/4 as bearing S 890 56 ' 14" F, and
with all hearings contained herein relative thereto is
contained within the boundary lines which begin at a
point on the East line of the said Northeast 1/4 which
hears S 000 04 ' 13" F 190.00 feet from the Northeast
corner of said Section 1 and runs thence S 00' 04 ' 13" E
1124 . 24 feet to the Southeast corner of the said North
1/2; thence N 89° 50 ' 18" W 2599 .75 feet along the South
line of said North 1/2 to the Southwest corner of Tract
"P" , Greenbriar Subdivision , City of Fort Collins , County
of Larimer, State of Colorado, thence N 00° 00 ' 23" W
1309 .75 feet to a point on the North line of the said
Northeast 1/4 ; thence S 89° 56 ' 14" F 99. 04 feet; thence
along the Northeasterly line of Willox Lane along the
arc of a 355. 89 foot radius curve to the right a distance
of 308 .92 feet, the long chord of which bears S 51° 27 ' 01 "
E 299. 31 feet and again S 26° 35 ' E 413 . 56 feet; thence
along the arc of a 15 .00 foot radius curve to the left a
distance of 23. 56 feet, the long chord of which bears
S 710 35 ' E 21 . 21 feet; thence N 63° 25 ' E 46.85 feet;
thence along the arc of a 677. 21 foot radius curve to
the left a distance of 357. 54 feet , the lonq chord of
which bears N 48' 17 ' 30" E 353 .40 feet, thence along
the arc of a 430.00 foot radius curve to the right a
distance of 277.43 feet, the long chord of which bears
N 51° 39 ' E 272.64 feet; thence N 16° 00 ' 40" W 142. 28
feet to a point on the North line of the said Northeast
1/4 ; thence S 890 56 ' 14" E 1284. 57 feet alonq the said
North line; thence S 47" 26 ' 45" E 162.90 feet; thence
S 570 23 ' 50" E 148.66 feet; thence S 890 56 ' 14" E 50.00
feet to the point of beginning, excepting therefrom Tract
"A" of the Replat of Greenbriar Subdivision , City of Fort
Collins , County of. Larimer, State of Colorado, according
to the recorded Plat thereof, and containing an area of
49 .0529 acres more or less .