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HomeMy WebLinkAbout015 - 02/04/1986 - ASSESSING THE COST OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 77 ORDINANCE NO. 15 1986 OF THE COUNCIL OF THE CIT—OF FORT COLLINS BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN SPECIAL IMPROVEMENT DISTRICT NO. 77 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins, there was established Special Improvement District No. 77 for the acquisition, construction, and installation of electrical , water and sewer lines, storm drainage, streets, sidewalks, curbs, and gutters (the "Improvements" ) in the City; and WHEREAS , pursuant to said ordinances and resolutions , said improvements have been installed and accepted by the City of Fort Collins, Colorado ; and WHEREAS, upon accepting said improvements, the City Council adopted the reports of the City Engineer and the Director of Finance respecting the cost of such improvements and the schedule of assessments ; and WHEREAS, the City Clerk has, by publication and mailing of a notice in accordance with §16-18 of the Code, notified the owners of property to be assessed and all persons interested generally that the Improvements have been completed and accepted ; and WHEREAS, January 21, 1986, was the date set for the hearing of complaints and objections and the determinations of the same; and WHEREAS, on January 21, 1986, the Council of the City of Fort Collins held a public hearing for said purposes ; and WHEREAS, all complaints and objections in writing filed by property owners within the District have been considered by the City Council . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the total cost of the improvements in Special Improvement District No. 77, including final construction costs ; engineering and construction management costs ; acquisition costs of existing improvements and rights of way; interest accruing on bonds issued for the District and ; legal fees, publication, administration, financing and other incidentals incurred in connection with the improvements for the District (but excluding the 2% cost of collection which will be added to the assessment at the time such assessment is due) is $1,182,395.62. The amount or proportion of the total cost of District improvements to be paid by other than special assessments is $73,000.00. The balance of the total cost in the District, $1, 109,395.62, is hereby assessed upon the real property in the District in accordance with the resolutions and ordinances pertaining to the District adopted by the Council and the provisions of Chapter 16 of the Code of the City. The proportion of the total District cost to be assessed upon each lot or tract of land in the District shall be as set forth on Exhibit A attached hereto and incorporated herein by reference. Section 2. All assessments herein provided for shall be due and payable within thirty (30) days after the final publication of this Ordinance, without demand, provided that all such assessments may, at the election of the owners of the property assessed, be paid in six (6) equal installments, the first installment being due on the first day of May, 1987, and on the first day of May of each year thereafter until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of 11.1258% per annum, said interest to be payable at the time of the principal payments. Section 3. In the case of such election to pay in installments as set forth herein, the failure to pay any installment, whether of principal or interest, when due shall cause the entire remaining principal balance and accrued interest thereon to become due and collectible immediately and the entire remaining principal balance and accrued interest thereon shall thereafter draw interest at the rate of one percent (1%) per month or fraction of a month until the day of sale of the property as provided in Chapter 16 of the City Code. At any time prior to the day of sale, the owner may pay the amount of all unpaid installments with interest at one percent (1%) per month or fraction thereof and all penalties accrued and shall be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. Section 4. All assessments made herein, together with all interest thereon and penalties for default in payment thereof, shall be a lien in the several amounts assessed against each property from the date of the publication of the assessing ordinance and shall be a first and prior lien over all other liens except general taxes in the same manner as general taxes now provided by law. Section 5. All complaints or objections duly made in writing and filed with the City as provided in Chapter 16 of the City Code have been heard and considered by the Council and the Council hereby finds and determines that the assessments made herein are equitable and proper. Section 6. All actions , legal or equitable, for relief against the assessments made herein, whether based upon irregularities, jurisdictional defects or other grounds, shall be commenced within thirty (30) days after the final passage of this ordinance or else be thereafter perpetually barred. Introduced, considered favorably on first reading, and ordered published the 21st day of January, A.D. 1986, and to be presented for final passage on the 4th day of February, A.D. 1986. ATTEST: Mayor c,ty cl 1986.Passed and adopted on final reading this 4th day of February, A.D. mayor TTEST: ity Jerk LEGAL DESCRIPTION WITH PETITION FOR BOARDWALK IMPROVEMENT DISTRICT ASSESSMENT ROLL NAME AND ADDRESS DESCRIPTION Esfandiar Shahmardian A portion of Lot 13, Observatory Heights 1401 Teakwood Subdivision, more particularly described Fort Collins , CO 80525 as follows: Considering the West line of Frontage Feet: 110 the Northwest 1/4 of Section 26, T 7 N, R 69 W of the 6th P.M. , as bearing due North Amount: $21,648.66 and with all bearings herein relative thereto: Commencing at the Northwest corner of said Section 36, thence along the North line of the Northwest 1/4 of said Section 36 on a bearing of S89°24-1/2'E a distance of 950.0 feet, thence S00002' E and along the present fence line between Lots 2 and 3 of Observatory Heights , and the extension of the fence on the same bearing, a distance of 1,927.95 feet to the present fence corner post, the true point of beginning and the Northeast corner of the tract hereby conveyed ; thence S00002 'E 240.87 feet to the North line of the road shown and dedicated in the Plat of Observatory Heights , thence along said North line of said road, N65°U9'W 110.23 feet, thence N00002'W 194.49 feet, thence N89058'E 100.00 feet to the true point of beginning; Larimer County, Colorado, as recorded under Book 1917, Page 225 of the Larimer County Clerk and Recorder 's office. James P. Petersen Lot 17, Observatory Heights 4030 S. College Less R/W desc in Bk 2233 Pg 1795 Fort Collins, CO 80525 Frontage Feet: 550 Amount: $108,243.32 Mayme I. Lestum A parcel of land recorded under Book 669, Page 3732 S. College Ave. 293 of the Larimer County Clerk & Recorder's Fort Collins, CO 80525 office more particularly described as follows: Frontage Feet: 896 Commencing at a point 950 feet East of the NW corner of Section 36, T 7 N, R 69 W, of the 6th Amount : $176,338.21 P.M. , thence South 2,165 feet more or less, to the North side of road in Observatory Heights, thence Southeasterly along North side of said road 400.5 feet more or less , to East line of SW 1/4 of NW 1/4 of said Section 36; thence North 2,340 feet more or less, to North line of said Section 36 ; thence West 381 .9 feet to the point of beginning; being all of Lots 3, 4, and 14 and portions of Lots 7,10 and 13 of Observatory Heights, a subdivision of W 1/2 of NW 1/4 of Section 36 , T 7 N, R 69 W, of the 6th P.M. , excepting therefore Lot 3, Lot 4 and a portion of Lot 14 as described and recorded in Book 1229, Page 497, and Book 1967, Page 784, of the Larimer County, Colorado records. Ridge Venture Tract A of proposed Jetty Condominiums. 1113 Stoney Hill Drive That portion of South College Properties Fort Collins , CO 80525 Annexation to the City of Fort Collins, Colorado Frontage Feet: 779 situated in the West 112 of Section 36, T 7 N, R 69 W, of the 6th P.M. , Larimer County, Amount : $153,311.90 Colorado, as recorded under Book 2011, Pg. 638 of the Clerk & Recorder's office; said portion being more particularly described as follows: Considering the East-West Centerline of said Section 36 as bearing N89°57 '01"E and with all bearings contained herein relative thereto. Beginning at the Center 1/4 Corner of said Section Section 36 Thence along the East-West Centerline S89057 '01"W 503.07 feet; thence S67°37' 37"W 178.13 feet; thence S39°23'37"W410.07 feet; thence S62004' 12"W 56.33 feet to the TRUE POINT OF BEGINNING. Said point being on a curve concave to the northeast having a central angle of 05°44' 32" a radius 640.00 feet the long chord of which bears N09022'42"W 64.11 feet; thence Northwesterly along the arc of said curve 64.14 feet; thence tangent from said curve N06°30'26"W 120.35 feet to the beginning of a tangent curve concave to the southwest having a central angle of 58°46' 51" a radius of 560.00 feet the long chord of which bears N35°53' 51"W 549 .65 feet ; thence Northwesterly along the arc of said curve 574.51 feet to the West line of the East 1/2 of the Northwest 1/4 of said Section 36, thence along said West line S00017 ' 32"E 217.72 feet to the West line of the East 1/2 of the Southwest 1/4 of said Section 36; thence along said West line S00°03' 43"E 490.74 feet; thence N83°06' 17"E 252.02 feet; thence N62004' 12"E 106.99 feet to the True Point of Beginning. Said parcel contains 4.07 acres more or less. Osprey, Inc. Proposed Jetty Condominiums less Tract A. 1113 Stoney Hill Drive That portion of the South College Properties Fort Collins, CO 80525 Annexation to the City of Fort Collins, Colorado, Frontage Feet: 1,715 situated in the West 112 of Section 36, T 7 N, R 69 W of the 6th P.M. , Larimer County, Colorado, Amount: $337,522.35 as recorded under Book 2011, Page 638 of the Clerk & Recorder's office; said portion being more particularly described as follows: Considering the East-West Centerline of said Section 36 as bearing N89°57'01"E and with all bearings contained herein relative thereto: Beginning at the Center 1/4 corner of said Section 36; thence along the East-West Centerline of said Section 36, S89°57' 01"W 436.87 feet to the TRUE POINT OF BEGINNING; thence N16013' 25"E 99.08 feet; thence N08°21'21"W 96.83 feet; thence N28°47'20"W 35.00 feet; thence N41°01' 27"W 124.66 feet to the Southerly line of the Warren Shores Fourth Annexation to the City of Fort Collins , Colorado; thence along said Southerly line the five (5) following courses and distances: N59°29'32"W 155.50 feet; N44°05'32"W 240.97 feet; N50°40'32"W 236.05 feet ; N30°45 '32"W 212.28 feet; N50049' 32"W 275.76 feet to the West line of the East 112 of the Northwest 1/4 of said Section 36; thence along said West line S00017' 32"E 1,074.66 feet to the East-West Centerline of said Section 36; thence along the West line of the East 1/2 of the Southwest 1/4 of said Section 36; SOO°03'43"E 490.74 feet to the Northerly line of the Landings First Annexation to the City of Fort Collins, Colorado as Monumented in the Field; thence along said Northerly line of the four (4) following courses and distances: N83°06' 17"E 252.02 feet; N62°04' 12"E 163.32 feet; N39°23' 37"E 410.07 feet; N67°37' 37"E 178.13 feet to the East-West Centerline of said Section 36; thence along said East-West Centerline N89°57'01"E 66.20 feet to the True Point of Beginning excepting therefrom the following described parcel : Considering the East- West Centerline of said Section 36 as a bearing N89°57 '01"E and with all bearings contained herein relative thereto. Beginning at the Center 1/4 Corner of said Section 36 ; thence along the East- West Centerline of said Section 36 S89°57' 01"W 503.07 feet ; thence S67°37 ' 3/"W 178.13 feet; thence S39023'37"W 410.07 feet; thence S62°04' 12"W 56.33 feet to the TRUE POINT OF BEGINNING. Said point being a curve concave to the Northeast having a central angle of 05°44' 32" a radius 640.00 feet the long chord of which bears N09°22'42"W 64.11 feet; thence Northwesterly along the arc of said curve 64. 14 feet; thence tangent from said curve N06030' 26"W 120.35 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 58°46 '51" a radius of 560.00 feet the long chord of which bears N35°53' 51"W 549.65 feet ; thence Northwesterly along the arc of said curve 574.51 feet to the West line of the East 112 of the Northwest 1/4 of said Section 36; thence along said West line S00°17 '32"E 217.72 feet to the West line of the East 112 of the Southwest 1/4 of said Section 36; thence along said West line S00°03'43"E 490.74 feet; thence N83006' 17"E 252.02 feet; thence N62°04' 12"E 106.99 feet to the True Point of Beginning. Said parcel contains 14.58 acres more or less. Osprey, Inc. Lot 15, Observatory Heights. 1113 Stone Hill Drive Fort Collins, CO 80525 Frontage Feet: 999 Amount : $196,609.23 Landings, Ltd., A portion of The Landings P.U.D., Filing IV and a Colorado Limited the First Replat of the Landings P.U.D. Filing IV Partnership, General and the Second Replat of the Landings P.U.D. Filing Partner; IV as recorded under Book 1938, Page 945; Book Osprey, Inc. , 2035 , Page 869; and Book 2112, Page 1093 a Colorado Corporation, respectively of the Larimer County Clerk & General Partner Recorder's office, situate in the South 112 of 1113 Stoney Hill Drive Section 36, T 7N, R 69W of the 6th P.M. , City of Fort Collins , CO 80525 Fort Collins, County of Larimer, State of Colorado, Frontage Feet; 588 considering the South line of the Southeast 1/4 of said Section 36 as bearing S89°56'28"E, and with Amount: $115,721.95 all bearings contained herein relative thereto, is contained within the boundary lines more particularly described as follows: Beginning at the South 1/4 corner of said Section 36; thence along the South line of said Southeast 1/4 S89056' 28"F 553.24 feet; thence N00°03' 32"E 80.77 feet to a point on the Northerly R-O-W line of Colorado State Highway 68, said point being the beginning of a curve concave to the Northwest having a central angle of 83°08' 25", a radius of 15.00 feet; thence Northeasterly along the arc of said curve 21.77 feet; thence tangent from said curve N00015'00"W 391.24 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 27°31 '07" , a radius of 610.00 feet; thence Northwesterly along the arc of said curve 292.98 feet;thence tangent from said curve N27046'07"W 315.27 feet to the beginning of a tangent curve concave to the Southwest having a central angle of 43°05' 13", a radius of 1,150.00 feet ; thence Northwesterly along the arc of said curve 864.81 feet; thence tangent from said curve N70051 ' 20"W 40.00 feet to the beginning of a tangent curve concave to the Northeast having a central angle of 23°32' 51" , a radius of 1220.00 feet; thence Northwesterly along the arc of said curve 501 .40 feet to the True Point of Beginning; said point being on a curve concave to the Northeast having a central angle of 4°35'06" , a radius of 1220.00 feet; thence Northwesterly along the arc of said curve 97.63 feet to the beginning of a compound curve concave to the Northwest having a central angle of 30°28' 25" , a radius of 640.00 feet; thence Northwesterly along the arc of said curve 340.39 feet to the north bank of an existing irrigation ditch; thence along said north bank the two following courses and distances: N62004' 12"E, 56.33 feet; N39°23' 37"E 327.49 feet; thence S36°00' 56"E 180.15 feet to a point on a curve concave to the Southeast having a central angle of 91°00'00" , a radius of 95.00 feet, the long chord of which bears S80°30' 56"E 135.52 feet; thence Easterly along the arc of said curve 150.88 feet; thence tangent from said curve S35000' 56"E 12.39 feet to the beginning of a tangent curve concave to the North having a central angle of 85°21' 24" , a radius of 15.00 feet, the long chord of which bears S77°41' 38"E 20.34 feet; thence Southeasterly along the arc of said curve 22.35 feet; thence S37°34'01"E 60.55 feet to a point on a curve concave to the Southeast having a central angle of 13°39'41" , a radius of 420.00 feet , the long chord of which bears N67°28' 59"E 99.91 feet; thence Northeasterly along the arc of said curve 100.14 feet ; thence S18029'48"E 122.12 feet; thence S05053' 11"E 64.62 feet; thence S02°10'03"E 64.81 feet; thence S13021 ' 26"W 70.47 feet; thence S24059'04"W 343.94 feet to a point on a curve concave to the Northeast having a central angle of 17°36'29" , a radius of 1,140.00 feet; thence Northwesterly along the arc of said curve 350.34 feet; thence along a radial line S42°41 '31"W, a distance of 80.00 feet to the Point of Beginning.