HomeMy WebLinkAbout037 - 03/18/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 ORDINANCE NO. 37 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS , COLORADO
BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS
IN THE FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT, NO. 79
IN THE CITY OF FORT COLLINS , COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS , on October 18 , 1983 , the City 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" ) for
the purpose of acquiring , constructing and installing certain
street , waterline , sanitary sewer line and storm drainage
improvements in the City, all pursuant to Chapter 16 of the Code
of the City; and
WHEREAS , pursuant to the Creation Ordinance and the District
Engineering Report on file with the City Clerk of the City , the
District improvements have been fully acquired , constructed and
installed ; and
WHEREAS , on January 21 , 1986 , the Council adopted Resolution
No. 86-7 , accepting the District improvements , receiving and
accepting the Statement of Cost of District Improvements and the
District Assessment Roll prepared by the Director of Finance for
the City and ordering notice of the proposed assessments to be
published as provided in §16-18 of the Code of the City; and
WHEREAS , said notice was duly published as provided in
Resolution No. 86-7 and the date of March 4 , 1986 was set for the
hearing of complaints or objections to the proposed District
assessment roll ; and
WHEREAS , on March 4 , 1986 , the Council held a public hearing
for the purpose of hearing and determining any complaints or
objections made in writing by any owner of property to be
assessed for District improvements , which complaint or objection
was filed in the office of the City Clerk within thirty ( 30 ) days
from the publication of the notice of the proposed assessments ;
and
WHEREAS , all complaints or objections duly made and filed by
such property owners to the Council have been heard and
considered by the Council .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO:
Section 1 . That the total cost of the District
improvements , including the cost of construction , engineering ,
acquisition of existing improvements and rights-of-way, interest
accruing on bonds issued to pay the cost of improvements up to
the date when such cost will be assessed , legal fees ,
publication , administration , financing and other incidentals
incurred in connection with the improvements (but excluding the
28 cost of collection which will be added to each annual
assessment by the County Treasurer at the time such assessment is
due ) is $1 ,496 ,867 . The amount or proportion of the total cost
of District improvements to be paid by other than special
assessments is $216 , 867 . The balance of the total cost in the
District , $ 1 ,280 ,000 , is hereby assessed upon the real property
in the District in accordance with the District Assessment Roll
heretofore accepted by the City 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 made herein 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 7 equal principal installments , the first
installment estimated to be due on the 1st day of October ,
1987 , and on the 1st day of October of each year
thereafter until the full amount thereof has been paid , together
with interest on the unpaid principal at the rate of 10.73343 percent
(10.7334341per 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 ( 18) 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 ( 18 ) 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.
- 2 -
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.
Section 7 . All action ( not inconsistent with the
provisions of this ordinance) heretofore taken by the City or its
officers directed toward the acceptance of District Improvements ,
the presentation and filing of the Statement of District Costs and
the District Assessment Roll , and the ordering of Notice to
property owners to be assessed and to persons interested generally
is hereby ratified , approved and confirmed.
Introduced , considered favorably on first reading , and
ordered published this 4th day of March , 198 6 , and to
be presented for final passage on the _L8th day of TWarch ,
1986
Mayor
ATTEST:
City' Clerk'
3 -
Passed and adopted on second reading this 18th day of
March 198 6
Mayor Iz
ATTEST: �
IA 1p
City Clerk
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EXHIBIT "A"
LEGAL. DESCRIPTION OF TRACT A
FAIP-DROOKE SPECIAL_ IMPROVEMENT DISTRICT
That part of the Fai. r-brooke Special Improvement Distrrct, situate in
the Northwest Quarter of 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 Northwest Quarter of said Section
21 an bearing North--88-46' -03"--West and with all bearings contained
herein relative thereto; commencing at the North Guar-ter corner of
said Section 21 ; thence North-88--46' -03"-West along said North line
1291 . 70 feet to the Westerly boundary of said Fairbrooke Special
Improvement District; thence South-00-07' -10"West along said
Westerly boundary 50. 01 feet to a point on the Southerly
right--of-way of Prospect Street, said point also being the TRUE
POINT OF BEGINNING; thence leaving said Westerly boundary
South-88-46' -03"-East along said Southerly right-of-way 794. 54 feet
to a point of curvature of a curve concave to the Southwest having a
central angle of 90-00' --00" , a radius of 20. 00 feet and a chord
which bears South-43-467 --04"-East7 28. 2e feet; thence Southeasterly
along the arc of said curve 31 . 42 feet to a point of tangency; said
point being on the Westerly right-of-way of Cedarwood Drive; thence
along said Westerly right-of-way the following three (3) courses and
distances; 1 . ) Sout.h-01-13' -56"-West. 90. 00 feet to a point of
curvature of a curve concave to the Fast having a central angle of
50-00' --00" , a radius of 267. 00 feet and a chord which bears
South--23--46' -04"-East, 225. 68 feet; 2. ) Southerly along the arc of
said curve 273. 00 feet to a point of tangency; 3. )
South--48-45' -04"-East , 90. 31 feet to a point of curvature of a curve
concave to the West having a central angle of 90-00' -00" , a radius
of 13. 00 feet and a chord which bears South-03-46' -04"-East, 21 .21
fee;.:; thence Southerly along the arc of said curve 23. 56 feet to a
point of tangency; said point being on the Westerly right-of-way of
Somerville Drive; thence along said Westerly right-of-way the
following five (5) courses and distances; 1 . ) South-41-13' -56"-West
105. 10 feet to a point of curvature of a curve concave to the
Northwest having a central angle of 23-53' -14" , a radius of 213. 00
and a chord which bears South-53-10' -33"-West 88. 16 feet; 2. )
Southwesterly along the arc of said curve 88. 80 feet to a point of
tangency; _. ) South-65-07' -10"--West 200. 00 feet to a point of
curv .tur-e of a curve concave to the Southeast having a central angle
of 63--00' -00" , a radius of 267. 00 feet and a chord which bears
South--32--37' -10"-West 286. 92 feet; 4. ) Southwesterly along the arc
of said curve 302. 90 feet to a point of tangency; 5. )
South-00--07' -10"-West 3+09. 48 feet to the Northerly boundary of Aspen
Heights P. U. D. to the City of Fort Collins, Colorado; thence
North-88--46' -41 "-West along said Northerly boundary 490. 00 feet to
said Westerly boundary of said Fairbrook:e S. I . D. ; thence
North--00-07' -10"-East along said Westerly boundary 1182. 73 feet more
or less to the TRUE POINT OF BEGINNING.
The above tract of land contains 18^ 6O acres more or less and
subject to all existing rights-of-way and easements of record.
EXHIBIT "B"
LEGAL DESCRIPTION OF TRACT D
FAIRBP.00KE SPECIAL IMPROVEMENT DISTRICT
That part of the Fairbrooke Special improvement District , situate in
the North half of 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 part:.icularly described as follows;
Considering the North line of the Northeast Quarter of said Section
as bearing South--88--46' -03"-Fast and with all bearings contained
herein relative thereto; commencing at the North Quarter corner of
said Section 21. ; thence South-83-46' -03"-East. along said North line
399. 49 feet to the blest line of that certain parcel of land as
described in deed recorded in Book 1292, Page 532 of the records of
said Larimer- County; thence South-01-13' -57"--West along said West
line 50- 00 feet to a point on the Southerly right-of-way of Prospect
Street ; said point also being the TRUE POINT OF BEGINNING; thence
continuing South--01-13' -57"-West along said West line 430. 00 feet;
thence leaving said West line South-01-13' -57"-West 56. 87 feet;
thence South-60-13' -57"-West 365.30 feet to the Easterly
right-of-way of Cedarwood Drive; thence along said Easterly
right-of-way the following five (5) courses and distances; 1 . )
North--29-30' -20"--West 43. 16 feet to a point of curvature of a curve
concave to the Southwest having a central angle of 19-15' -44" , a
radius of 427. 00 feet and a chord which bears North-39-08' -12"-West
142. 98 feet; 2. ) Northwesterly along the arc of said curve 143. 55
feet_ to a point of tangency; .3. ) North-48-46' -04"-West 413. 66 feet
to .a point of curvature of a curve concave to the East having a
central angle of 50-007 -00" a radius of 213. 00 feet and a chord
which bears North-23-46' -04"-West 190. 04 feet; 4. ) Northwesterly
along the arc of said curve 18S. 88 feet to a point of tangency; 5. )
north--01-13' -56"--East 90. 00 feet to a point of curvature of a curie
concave to the Southeast having a central angle of 90-00' -01 " a
radius of 20. 00 feet and a chord which bears North-46-13' -57"-East
28. 29 feat; thence Northeasterly along the arc of said curve 31 . 42
feet to a point of tangency located on said Southerly right-of-way
of Prospect Street; thence South-88-46' -03"-Ea5t along said
Southerly right-of--clay 800. 70 feet more or less to the TRUE POINT OF
PEG'INNING.
The above tract of land contains 8. 99 acres more or less and is
subject to all existing rights-of-way and easements of record.
EXHIBIT "C"
LEGAL DESCRIPTION OF TRACT F
FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT
That part of the Fairbrooke Special Improvement District situate in
the Northeast Quarter of Section 21 , Township 7 North, Range 69 West
of the 6th Principal Meridian, in the City of Fort Collins, County
of L..arimer, State of Colorado, more particularly described as
follows-
Considering the North line of the Northeast Quarter of said Section
21 as hearing South-88--46' -03"-East and with all bearings contained
herein relative thereto; commencing at the North Quarter corner of
=..:-arid Section 21 ; thence South--88-40 -03"-East along said North line
392. 48 feet to the West line of that certain parcel of land as
described in deed recorded in Book 1282, Page 532 of the records of
said Larimer County; thence South-01-13' -57"-West along said West
line 480. 00 to the Southwest corner of said parcel ; said corner also
being the TRUE POINT OF BEGINNING; thence South-88-46' -03"-East
along the South line of said parcel 804. 00 feet to the Southeast
corner of said parcel ; thence North-01-13' -57"-East along the East
line of said parcel 4:30. 00 feet to the Southerly right-of--way of
Prospect Street; thence leaving said East line of said parcel
South-88-46' --03"-East along said Southerly right-of-way 10. 00 feet
to a point of curvature of a curve concave to the Southwest having a
central angle of 90-001 -00" , a radius of 20. 00 feet and a chord
which bears South-43-46' -03"-East 20. 28 feet; thence Southeasterly
along the arc of said curve 31 . 42 feet to a point of tangency
located on the Westerly right-of-way of Hampshire Road; thence along
said Westerly right-of--way the following four (4) courses and
distances; 1 . ) South-01-13' -57"-West 349. 56 feet to a point of
curvature of a curve concave to the West having a central angle of
a radius of 376. 00 feet and a chord which bears
South-12-04' -26"-West 141 . 44; 2. ) Southwesterly along the arc_ of
said curve 142. 29 feet to a point of tangency: 3. )
South-22--54' -55"-West 150. 00 feet to a point of curvature of a curve
concave to the East having a central angle of 21-34' --55" , a radius
of 444. 00 feet and a chord which bears South-12-07' -28"-West 166. 26
feet ; 4. ) Southwesterly along the arc of said curve 167. 24 feet to a
point of reverse curvature of a curve concave to the Northwest
having a central angle of 84-45' --00" , a radius of 15. 00 feet and a
chord which bears South-43-42' --30"-West 20.22 feet; thence
Southwesterly along the arc of said curve 22. 19 feet to a point of
tangency Located on the Northerly right-of-way of Cedarwood Drive;
thence along said Northerly right-of-way for the following five 13)
courses and distances; 1 . ) South--86--05' -00"-West 208. 20 feet to a
point of curvature of a curve concave to the South having a central
angle. of 03-44' -19" , a radius of 2027. 00 feet and a chord which
bears South-84-12' --51 "-West 132. 24 feet; 2. ) Southwesterly along the
Arc of said curve 132. 26 feet to a point of tangency; 3. )
South--82-20' -41 "-West 276. 38 feet to a point of curvature of a curve
concave to the Northeast having a central angle of 68-08' -59" , a
radius of 370. 00 feet and a chord which bears North-63-34' -49"-West
417. 97 feat; 4. ) Northwesterly along the arc of said curve 443. 66
feet to a point of tangency; 5. ) North-29-30" -20"-blest 58. 98 feet;
thence North-60--13" --57"--East 365. 30 feet; thence
North-01-13" --57"-East 56. 87 feet more or less to the TRUE POINT OF
BEGINNING.
The above tract of land contains 9. 72 acres more or less and is
subject to al .t existing rights-of-way and easements of records.
EXHIBIT "D"
TFtr=d�l G - FAIRBROUKE SPECIAL IMPROVEMENT DISTRICT
That part of the Fairbrooke Special Improvement ,12istrict, situate in
Section 21 , Township 7 North, Range 69 West, of the Sth Principal
Meridian in the City of Fort Collins, County of Larimer , State of
Colorado, more particularly described an follows:
Considering the North line of said Section 21 ass bearing
NorthO[0-46' -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 North%-46' -03"blest,
1.076. 02 feet: to the centerline of Hampshire Road; thence
Southn1--13" -57"blest7 along said centerline 70. 00 feet; thence
leaving maid centerline :;c:n-rthHB-46' --03"East , 3.4. 00 feet to a point
on the Easterly Fight--o-F-Way of said Hampshire Road, said point
bring a point:. on a. curve concave to the Southeast , having a central
anylo of a radius of 20. 00 feet, and a long chord which
bears North46-13' -'57"Gast, 20. 2E feet; said point also being the
TRUE POINT OF DFGINHINO; thence leaving said Easterly Right-of--Way,
Morthna'sterly along the arc of said curve 31 . 42 feet to the
Southerly Right--of--Way of Prospect Street; thence
SoulhUB-46' --03"East ;_,long said Southerly Right-of-Way 511 . 71 feet ;
thence leaving said Southerly Right--of-Way South0l-13' -37"blest ,
155. 00 feet; thence `-;outh33-39' -18"East, 88. 99 feet; thence
NurthnR-46' --OS"West , 506. 05 feet to a point on said Easterly
Right--of-W_:y of Hampshire Road, said point being a point on a curve
conc.,ve to the blest having a central angle of 04-43' -48" , a radius
of 444. 00 feet. , and a long chord which bears Nor..thO3-35' -51 "East,
56. 64 feet ; thence along maid Easterly Right--of-Way, the following
two (2) courses and distances; 1 . ) Northerly along the arc of said
curve 34. 65 feet to a point of tangency; 2. ) North0l-13' -57"East ,
349. 56 feet more or less to the TRUE POINT OF BEGINNING.
The above tract of land contains 3. 00 acres more or less and is
subject to all existing Riyhts-of-Way and easements of record.
EXHIBIT "E"
LEGAL DESCRIPTION
TRACT H - FAIRBP.00KE 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
North%-46' -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 North%-46' -03"West ,
1376. 02 feet to the centerline of Hampshire Road; thence
South0l-13' -57"West, along said centerline 419. 56 feet; thence
leaving said centerline South%-46' -0=."East, 34.00 feet to a point
on the Easterly Right-of-Way of said Hampshire Road; said point
being a point of curvature of a curve concave to the West, having a .
central angle of 04-43' --48" , a radius of 444. 00 feet, and a chord
which bears South03-35' -51 "West, 36. 64 feet.; thence Southerly along
the arc of said curve 36. 65 feet, to the TRUE POINT OF BEGINNING;
thE:nr_e leaving said Easterly Right-of-Way, South%-46' -03"East,
86. 65 feet; thence South35-39' -38"East, 552. 96 feet to a point on a
curve concave to the Northwest having a central angle of 29-40' -46" ,
a radius of 475. 00 feet and a chord which bears South6l-02' -23"West,
240. 31 feet; thence Westerly along the arc of said curve, 246. 05
feet to a non--tangent point on the Southerly line of said Fairbrooke
Special Improvement District; thence along the Southerly line of
said Fairbrooke Special Improvement District the following two (2)
courses and distances: 1 . ) South84-12' -00"West, 556. 12 feet; 2. )
South76-48' -OO"West , 146. 58 feet to a point on a curve concave to
the East, said point being on said Easterly Right-of-Wray line of
said Hampshire Road, having a central angle of 42-42' -15" , a radius
of .719. 12 feet, and a chord which bears North.30-03' -35"West, 232.38
+net ; thence along said Easterly Right-of -Way, the following four
?4) courses and distances: 1 . ) Northerly along the arc of said
curve 237. 85 feet to a point of compound curvature of a curve
cc+ncave to the East having a central angle of 31-37' -22" , a radius
of 176. 00 feet, and a chord which bears North07-06' -14"East, 204.90
feet; 2. ) Northerly along the arc of said curve, 207. 52 feet to a
point of tangency; 3. ) North22-54' -55"East, 150.00 feet to a point
of curvature of a curve concave to the West having a central angle
of 16-57' -10" , a radius of 444. 00 feet, and a chord which bears
North14-26' -20"East, 130. 09 feet; 4. ) Northerly along the arc of
said curve 131 . 37 feet more or less to the TRUE POINT OF BEGINNING.
The above tract of land contains 11 . 7.3 acres more or less and is
subject to all existing Rights-of-Way and easements of record.