HomeMy WebLinkAbout093 - 07/18/1989 - ASSESSING THE COST OF IMPROVEMENTS IN THE ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT NO. 88 ORDINANCE NO. 93 , 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
BEING AN ORDINANCE ASSESSING THE COST OF
IMPROVEMENTS IN THE ARBOR PLAZA SPECIAL IMPROVEMENT DISTRICT
NO. 88 IN THE CITY OF FORT COLLINS, COLORADO
AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF
WHEREAS, on July 15, 1986, the Council of the City of Fort Collins
(the "Council ") passed and adopted on final reading Ordinance No. 97, 1986
of the City, being an Ordinance (the "Creation Ordinance") creating the
Arbor Plaza Special Improvement District No. 88 (the "District") , for the
purpose of acquiring, constructing and installing street improvements,
water distribution system, sanitary sewer system and storm drainage
improvements and other necessary appurtenances (the "Improvements") in the
City; and
WHEREAS, pursuant to the Creation Ordinance and the District
Engineering Report on file with the City Clerk of the City, the
Improvements have been fully acquired, constructed and installed; and
WHEREAS, on May 2, 1989, the Council adopted Resolution 89-100,
accepting the Improvements, receiving and accepting the Statement of Cost
of the District and the District Assessment Roll prepared by the Director
of Finance and the Director of Engineering of the City and ordering notice
of the proposed assessments to be published as provided in Section 22-88 of
the Code of the City; and
WHEREAS, said notice was duly published as provided in Resolution No.
89-100 and the date of June 20, 1989 was set for the hearing of complaints
or objections to the proposed district Assessment Roll ; and
WHEREAS, on June 20, 1989, 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 the Cost of the
District, 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 as follows:
Section 1. That the total cost of the District, including the cost of
construction, engineering, acquisition of existing improvements and
rights-of-way, interest accruing on the bonds issued to pay the cost of the
District from the date of the bonds until the date when the first
installment of assessments is to be made payable, legal fees, publication,
administration fees, financing costs and other incidentals incurred in
connection with the District (but excluding the cost of collection which
will be added to each annual assessment by the County Treasurer or the
Municipal Treasurer at the time such assessment is due) is $1,028,158.23.
The amount or proportion of the total cost of the District to be paid by
other than special assessments is $126,789.12. Interest earnings to be
credited against the total cost of the District are $88,763.39. The
balance of the total cost of the District, $812,605.72, 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 22 of the Code of the City. The proportion of the
total cost of the District 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 twelve (12) equal principal
installments, the first installment being due on the 1st day of March,
1990, and on the 1st day of March of each year thereafter until the full
amount thereof has been paid, together with interest on the unpaid
principal at the rate of nine and twenty-five one hundredths percent
(9.25%) per annum, said interest to be payable at the time of the principal
payments.
Section 3. Interest will begin to accrue from thirty (30) days after
the date of final publication of this ordinance until the assessments are
paid in full .
Section 4. 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 shall draw penalty
interest at the rate of one and one-half percent (1 1/2%) per month or
fraction of a month until the day of the sale of the property as provided
in Chapter 22 of the City Code. At any time prior to the day of sale, the
owner may pay the amount of all unpaid installments together with accrued
interest thereon and penalty interest at one and one-half percent (1 1/2%)
per month or fraction thereof, and shall be restored to the right to pay in
installments in the same manner as if default had not occurred.
Section 5. 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 6. All complaints or objections duly made in writing and
filed with the City as provided in Chapter 22 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 7. 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 8. 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 20th day of June, A.D. 1989, and to be presented for final
passage on the 18th day of July, A.D. 1989. '
ayor
A TEST:
u
City Clerk
Passed and adopted on final reading this 18th day of July, A.D.
1989.
1 iy2.J
Mayor
ATI�T���
City Clerk ��
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EXHIBIT
A tract of lard located in the SE 1/4 of Section 35, Township 7 North,
Range 69 West, of the 6th P.M., City of Fort Collins, County of Iarimer,
State of Colorado, being more particularly described as follows:
Considering the south line of the SE 1/4 of said Section 35 as bearing N
89` 53' 00" W and with all bearings contained herein relative thereto:
Carmiencirg at the southeast corner of said Section 35; thence N 00' 02' 00"
E, 11.40 feet; thence N 45' 04' 30" E, 127.13 feet; thence N 00" O1' 00" E,
79.63 feet to the Point of Beginning of said tract of lard.
Thence N 89' 53' 00" W, 446.00 feet; thence N O1' 00' 00" E, 291.24 feet;
thence 23.33 feet along the arc of a curve to the right, whose central
angle is 89' 06' 4711, radius of 15 feet, and whose long chord bears N 45
23' 33" E; 21.05 feet; thence S 89' 53' 13" E, 411.00 feet; thence 23.54
feet along the arc of a curve to the right, whose central angle is 89' 54,
1311, radius of 15.00 feet, and whose long chord bears S 44' 56' 06" E,
21.00 feet; thence S 00' 01' 00" W 291.03 feet to the Point of Beginning.
The above described tract contains 3.112 acres more or less.
EXHIBIT "B-1"
Lot 1, Arbor Plaza P.U.D., City of Fort Collins, County of Iarimer, State
of Colorado.
EXHIBIT "B-2"
Lot 3, Arbor Plaza P.U.D. , City of Fort Collins, County of larimer, State
of Colorado.
EXHIBIT "C"
A tract of land located in the NE 1/4 of the NE 1/4 of Section 2, Tamship
6 N orth, Range 69 West, of the 6th P.M., County of Iarimsr, State of
Colorado, Described as follows:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2, FROM WHICH THE E1/4
CORNER OF SAID SECTION 2 BEARS SOO'47'000N, (BASIS OF BEARING) THENCE
S89'56'49"W, 150.20 FEET ALONG THE NORTH LINE OF THE NE1/4 OF SAID SECTION 2
TO THE WESTERLY RIGHT-OF-MAY LINE OF U.S. HIGHWAY NO. 287 (COLLEGE AVENUE);
THENCE SOO'09'11 'E, 30.00 FEET ALONG THE WESTERLY RIGHT-OF-MAY LINE OF SAID
U.S. HIGHWAY 00. 287; THENCE S48'13'116E, 44.98 FEET ALONG THE WESTERLY
RIGHT-OF-MAY LINE OF SAID U.S. HIGHWAY NO. 287 TO THE TRUE POINT OF BEGINNING;
THENCE S89'56'496W, 368.20 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE SOUTHWESTERLY, 31.42 FEET ALONG THE ARC OF SAID CURVE TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90000'00"
AND BEING SUBTENDED BY A CHORD THAT BEARS S44'56'49"W, 28.28 FEET;
THENCE SOO'03'11'E, 100.00 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, 122.56 FEET ALONG THE ARC OF SAID CURVE TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 211.00 FEET, A CENTRAL ANGLE OF 33'16'49"
AND BEING SUBTENDED BY A CHORD THAT BEARS S16'41 '35'E, 120.84 FEET,
THENCE S33'20'00'E, 311.00 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE SOUTHEASTERLY, 220.10 FEET ALONG THE ARC OF SAID CURVE TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 226.00 FEET, A CENTRAL ANGLE OF 55-48,000
AND BEING SUBTENDED BY A CHORD THAT BEARS S61'14'00"E, 211.50 FEET;
THENCE S89'08'008E, 28.43 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE NORTHEASTERLY, 31.42 FEET ALONG THE ARC OF SAID CURVE TO A POINT
TANGENT, SAID ARC HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 90'00100"
AND BEING SUBTENDED BY A CHORD THAT BEARS N45052'00'E, 28.28 FEET;
THENCE NOO'S2'00'E, 299.13 FEET;
THENCE N00'02100'E, 229.06 FEET TO THE WESTERLY RIGHT-OF-MAY LINE OF SAID U.S.
HIGHWAY NO. 287;
THENCE N48013'110W, 75.52 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID
U.S. HIGHWAY NO. 287 TO THE TRUE POINT OF BEGINNING.
AREA ■ 4.684 ACRES, MORE OR LESS.
OBIT "D"
A tract of land located in the NE1/4 of Section 2, T6N, R69W of the 6th P.M. ,
County of Lorimer, State of Colorado, described as follows:
Commencing at the Northeast Corner of said Section 2, thence S000471006W,
995.83 feet along the East line of the NE1/4 of said Section 2 to the
Northeast Corner of that tract of land Conveyed to Poudre Valley Rural
Electric Association, Inc. as described in Warranty Deed recorded in Book 1451
at Page 378 of the records of Lorimer County, Colorado; thence N88'52'00'W,
46.71 feet along the North line of that tract of land as described in said
Book 1451 at Page 378 to the Westerly right-of-wa� line of U.S. Highway No.
287 (South College Avenue); thence continuing NB8 S2'008W, 10.00 feet along
the North line of that tract of land as described in said Book 1451 at Page
378; thence 000'S2'00'E, 174.59 feet to the TRUE POINT OF BEGINNING;
Thence N89'08'001W, 153.59 feet;
Thence NOO'S2'00'E, 72.99 feet;
Thence N46'37'00'E, 43.06 feet;
Thence Easterly, 75.12 feet along the arc of a curve concave to the North to a
point tangent, said arc having a radius of 294.00 feet, a central angle of
14'38'25' and being subtended by a chord that bears S81'48'47'E, 74.92 feet;
Thence S89'08'00% 28.43 feet to a point of curve to the right;
Thence Southeasterly, 31.42 feet Along the arc of said curve to a point
tangent, said arc having a radius of 20.00 feet, a central angle of 90'00'00'
and being subtended by a chord that bears S44'08'00'E, 28.28 feet;
Thence SOO'62'00'W, 73.49 feet to the TRUE POINT OF BEGINNING.
Area ■ 0.329 acres, more or less.