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HomeMy WebLinkAbout087 - 07/21/1987 - AMENDING RESOLUTION NO. 1986-009, RESOLUTION 1986-010, AND ORDINANCE NO. 006, 1986 ADDING PROPERTY T ORDINANCE NO. 87 , 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS , COLORADO, AMENDING RESOLUTION NO. 86-9 , RESOLUTION 86-10 , AND ORDINANCE NO. 6 , 1986 OF THE CITY OF FORT COLLINS , COLORADO ADDING PROPERTY TO BE INCLUDED IN THE CITY OF FORT COLLINS , COLORADO SOUTH LEMAY SPECIAL IMPROVEMENT DISTRICT NO. 86 WHEREAS , the Council ( the "Council " ) of the City of Fort Collins, Colorado ( the "City" ) on January 21 , 1986 , approved Resolution No. 86-9 of the City, accepting the petitions of property owners regarding the initiation of a special improvement district and describing the area to be assessed for improvements to be made as a part of such district; and WHEREAS , on January 21 , 1986 , the Council approved Resolution No. 86-10 of the City adopting the report of the Director of Public Works which report describes the boundaries of such district to be known as the South Lemay Special Improvement District No. 86 to the City (the "District" ) ; and WHEREAS , on February 4 , 1986 , the Council approved on second reading Ordinance No. 8 , 1986 , creating and organizing the District and providing for the construction of improvements within specified boundaries of said District; and WHEREAS , the District boundaries as established at the time of its formation reflected the ownership interests of all participating property owners at such time; and WHEREAS , subsequent to the formation of the District, Dueck Colorado Properties Ltd. ( "Dueck" ) , a property owner within the District , acquired an additional 20 acres of land contiguous to existing District boundaries and has submitted a revised petition to the City requesting the inclusion of such additional acreage within the District boundaries; and WHEREAS, Section 16-9 of the City Code authorizes the Council to make changes in a special improvement district after the first publication of notice to District property owners, provided that such change is adopted by Ordinance of the Council and that notice and an opportunity for hearing has been provided to other property owners within the District as well as other affected members of the public; and WHEREAS , the other existing property owners within the District have consented to the proposed change in the District boundaries; and WHEREAS , notice of the proposed change in the District boundaries and of the hearing thereon has been published in the same manner as initially required for the formation of the District; and WHEREAS, the Council is of the opinion that the amendment set forth herein relating to expansion of District boundaries will result in a more equitable distribution of costs for District improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That, pursuant to Section 16-9 of the City Code, the Council hereby amends Ordinance No. 6 , 1986 , Resolution 86-9 and Resolution 86-10 of the City, to include an additional twenty acres of property owned by Dueck , reflecting a total acreage owned by Dueck in the District of approximately 424 acres, such property being described more particularly on Exhibit "A" of the Revised Petition attached hereto and incorporated herein by this reference. Section 2 . That all provisions of Ordinance No. 6 , 1986 , Resolution 86-9 and Resolution 86-10 of the City , not specifically amended herein, shall remain in full force and effect. Section 3 . That the property owners have heretofore by separate written documents filed with the City, waived any and all of the provisions of Chapter 16 of the City Code relating to or requiring additional public hearings , notices , or publications and have consented to the amendment of the District boundaries as hereinabove described . Introduced , considered favorably on first reading, and ordered published this 7th day of July 1987, and to be presented for final passage on the 21st day of July 1987 . M r — i ATTEST: !"^^"''M )��" — City Clerk Passed and adopted on second reading this 21St day of July 1987 . yor A(T�\T�{ESTT: 7 u(, . City Clerk S. LEMAY/ORDINANCE D1/P/J 3 PETITION FOR INCLUSION OF PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 86 TO THE CITY OF FORT COLLINS, COLORADO To the Honorable City Council of the City of Fort Collins : Ladies and Gentlemen: The undersigned Petitioner , being the sole owner of property described on Exhibit A, attached hereto and incorporated herein by reference (the "Property" ) , respectfully petitions the City Council ( the "Council" ) of the City of Fort Collins, Colorado ( the "City" ) to institute the necessary proceedings pursuant to §16-9 of the City Code of the City of Fort Collins to authorize the inclusion of the Property in Special Improvement District No. 86 to the City ( the "District" ) , created by final passage (on February 4 , 1986) of Ordinance No. 6 , 1986 , of the City. All of the provisions of the Petition and Waiver earlier submitted by the Undersigned to the City requesting the organization of the District, assessment of property owned by the Undersigned in the District and waiver of certain provisions of Chapter 16 of the City Code are adopted by reference herein. Further , the Undersigned hereby acknowledges , ratifies and confirms the provisions of the Agreement among the City and the property owners in the District dated March 18 , 1986 , setting forth, among other things , the rights and responsibilities of the parties with regard to construction and financing of the District improvements , costs of such improvements and assessment of District property. 9/ Dated: ���'" rr& DUECK COLORADO PROPERTIES, LTD. , a British Columbia Corporation By:,Aenne eck, Vice-President ) ss. Subscribed and sworn to before me this _ /e day of October , 1986 by Kenneth Dueck , Vice-President of Dueck Colorado Properties , Ltd. , a British Columbia Corporation. My commission expires : d" Nota ubli Ja FRrea soLOGr'oa� 1240.1176 WEST GEORGIA ST, YANCOUVER,B.C. V694A& ' . 6D2-8521 _ EXHIBIT A LEGAL DESCRIPTION A tract of land located in the NW1/4 of Section 13 , Township 6 North, Range 69 West of the 6th P.M. , described as follows: Considering the West line of the NW1/4 of said Section to bear N00003130"E and with all bearings herein relative thereto; BEGINNING at a point on the East line of the Right of Way of State Highway No. 1 which bears 5890501E, 50 . 00 feet from the West Quarter corner of said Section 13 ; then W000051E, 1564 . 48 feet along the Easterly line of the Right of Way of said Highway; thence S83052 'E, 873 . 44 feet; thence S000051W, 969 . 12 feet; thence N53022130"W, 126 . 01 feet; thence N28006130"W, 150 . 00 feet; thence N75016130"W, 200 . 00 feet; thence S58026130"W, 180 . 00 feet; thence S26023130"W, 300 . 00 feet; thence S15053130"W, 300 . 00 feet; thence S0105913011E, 110 . 00 feet; thence N890501W, 130 . 30 feet to the POINT OF BEGINNING.