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HomeMy WebLinkAbout003 - 02/04/1986 - AMENDING ORDINANCE NO. 130, 1983 RELATING TO THE METHOD OF ASSESSMENT OF THE COST OF IMPROVEMENTS IN ORDINANCE NO. 3, 1986 BEING AN ORDINANCE AMENDING ORDINANCE NO. 130, 1983, OF THE CITY OF FORT COLLINS, COLORADO, IN A PORTION OF SECTION 4 THEREOF RELATING TO THE METHOD OF ASSESSMENT OF THE COST OF IMPROVEMENTS IN THE FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 OF THE CITY OF FORT COLLINS, COLORADO. WHEREAS, on October 18, 1983, the Council (the "Council " ) of the City of Fort Collins, Colorado (the "City" ) passed and adopted on final reading Ordinance No. 130, 1983 of the City being an ordinance (the "Creation Ordinance") creating the Fairbrooke Special Improvement District (the "District" ) ; and WHEREAS, Section 4 of the Creation Ordinance for the District provided in part for a method of assessment for District improvements on an area basis ; and WHEREAS, the Council has determined that it would be more equitable to base the method of assessment for the District improvements on the permitted uses and area of the properties included within the District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: SECTION 1. That Section 4 of Ordinance No. 130, 1983, of the City shall be amended as such Section relates to the method of assessment of District improvements so that the tracts or parcels of land in the District which are designated for commercial uses shall bear, on an area basis, two times the cost of District improvements to be assessed against those tracts or parcels, on an area basis, which have been approved by the City for residential uses. The tracts or parcels of land in the District which are designated for commercial uses are set forth on Exhibit A attached hereto and by this reference incorporated herein. SECTION 2. That in the event the designated use of any tract or parcel of property in the District is changed to a different designation, the assessment against such tract or parcel shall be reallocated so that the assessment against such tract or parcel shall be consistent with Section 1 herein, provided that such reallocation is made prior to the date on which the first annual installment of principal is due (i .e. , December 1, 1986) . SECTION 3. That the Council hereby finds and determines that the method of assessment of District improvements set forth in Sections 1 and 2 hereof which is based on both the area and the permitted uses of District properties will provide for equitable assessments against such properties in proportion to the special benefits conferred thereon. SECTION 4. That all other provisions of Section 4 of Ordinance No. 130, 1983 of the City not in conflict with this ordinance shall remain in full force and effect. SECTION 5. That the owners of all of the property included in the District have consented to the method of assessment set forth herein and further have expressly waived in writing any and all provisions of Chapter 16 of the City Code relating to or requiring public hearing, notice or publication. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 1986, and to be presented for final passage on the 4th day of February, A.D. 1986. mayor ATTEST: City Cle Passed and adopted on final reading this 4th day of February, A.D. 1986. / Mayor ATTEST: City Clerk Qs LEGAL DESCRIPTION FOR PROPOSED CHANGES TO TRACT G - FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT That part of the Fairbrooke Special Improvement District, situate in Section 21 , Township 7 North, Range 69 West , of the 6th Principal Meridian in the City of Fort Collins, County of Larimer , State of Colorado, more particularly described as follows- Considering the North line of said Section 21 as bearing North8SOV -03"West and with all bearings contained herein relative thereto; commencing at the Northeast corner of said Section 21 ; thence along said North line of said Section 21 NorthSSAV -03"West, 1376. 02 feet to the centerline of Hampshire Road; thence SouthOl413' -57"West, along said centerline 70. 00 feet; thence leaving said centerline South% 46' -O'a"East, 34. 00 feet to a point on the Easterly Right--of-Way of said Hampshire Road, said point being a point on a curve concave to the Southeast, having a central angle of 9000' -00" , a radius of 20.00 feet, and a long chord which bears North46013' -57"East, 28. 28 feet; said point also being the TRUE POINT OF BEGINNING; thence leaving said Easterly Right-of-Way, Northeasterly along the arc of said curve 31 .42 feet to the Southerly Right--of-Way of Prospect Street; thence Southee 46' -03"East along said Southerly Right-of-Way 511 . 71 feet; thence leaving said Southerly Right-of-Way South0V 13' -57"West, 015. 00 feet; thence South35139' -38"East, 88. 99 feet; thence North88046' -03"West, 536. 65 feet to a point on said Easterly Right--of-Way of Hampshire Road, said point being a point on a curve concave to the West having a central angle of 04043' -48" , a radius of 444. 00 feet, and a long chord which bears NorthOA35' -51 "East, 36. 64 feet; thence along said Easterly Right--of-Way, the following two i2) courses and distances: 1 . ) Northerly along the arc of said curve 36. 65 feet to a point of tangency; 2. ) NorthOl°13" -57"East, 349. 56 feet more or less to the TRUE POINT OF BEGINNING. The above tract of land contains 5. 00 acres more or less and is subject to all existing Rights-of-Way and easements of record.