HomeMy WebLinkAbout136 - 10/30/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE PROVINCETOWNE/PORTNER ESTATES SOUTH SPECIAL IMPROVE <� • •
ORDINANCE NO. 136 -1984
OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE
CREATION AND ORGANIZATION OF THE PROV INC ETOWNE/PORTN ER ESTATES
SOUTH SPECIAL IMPROVEMENT DISTRICT NO. 81 AND PROVIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEREIN.
WHEREAS, heretofore the necessary proceedings were initiated
to create Provincetowne/Portner Estates South Special Improvement
District No. 81 ( the "District" ) for the purpose of installing the
following improvements , to wit: street , water, sanitary sewer,
and storm drainage improvements, for the benefit of the property
contained within and adjacent to the boundary of said District as
set forth on Exhibit "A" attached hereto and by this reference
incorporated herein; and
WHERAS, the Council of the City of Fort Collins (the
"Council" ) began proceedings to acquire, install , and construct
said improvements in said District by the acceptance of Petitions
of the property owners in said District and the adoption of
Resolution No. 84-44 relating thereto on the 20th day of March,
1984, and Resolution No . 84- 143 on the 18th day of September,
1984 ; and
WHEREAS , the City of Fort Collins , Colorado ( the "City" ) , has
received the necessary report and accepted the waiver of any
notice requirements pursuant to Chapter 16 of the Code of the
City; and
WHEREAS, the property owners in said District ( the
"Petitioners" ) have expressly waived , in writing , notice and other
provisions to which they would otherwise be entitled pursuant to
Chapter 16 of the Code of the City; and
WHEREAS, the Petitioners shall enter into agreements with
the City concerning the formation of said District and the manage-
ment of the construction of District improvements an to provide
therein the rights and responsibilities of all part es relative
thereto; and
WHEREAS, the Council is of the opinion that it is in the best
interest of the residents of the City to form said District.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1 . That there is hereby created and organized a
special i—mprovement district under and by virtue of the provisions
of Chapter 16 of the Code of the City, and pursuant to the provi-
sions set forth in the aqreement between the City and the
Petitioners regarding said District, to be known as the
Provincetowne/Fortner Estates South Special Improvement District
No . 81 , comprised of the real property described on Exhibit "A" ,
attached hereto and by this reference made a part hereof.
Section 2. That the improvements to be constructed in said
District shall be constructed in three phases and shall consist
generally of street, water , storm drainage , and sanitary sewer
improvements as more fully described in the Engineering Report for
the District and Resolution 84-143 on file with the City Clerk and
incorporated herein by reference .
Section 3. The estimated total cost of the street, water,
sanitary sewer, and storm drainage improvements in the District,
including without limitation , the cost of planning , constructing,
engineering, or otherwise acquiring the improvements; and
excluding legal and advertising costs , interest during construc-
tion and until assessments are made by ordinance against the
properties benefited and other costs to the District, as shown by
the estimate of probable total cost, as made by the Director of
Public Works , is $4,705, 614.
The estimated amount or proportion of the total cost to be
paid by other than special assessments is $28, 086. The foregoing
shall constitute the maximum obligation of the City, notwith-
standing that costs might exceed estimates heretofore submitted ,
unless appropriation is made therefor (not including those over-
sizing costs associated with the District improvements in the
estimated amount of $121 ,875, which will be borne by Dueck and MSP
until said improvements are constructed , inspected, and approved
by the City and thereafter reimbursed by the City in accordance
with §99-6F of the City Code) . The balance of the total cost in
the District ( i .e. , estimated at $4, 555,653 ) upon the completion
of the improvements shall be apportioned in an assessment roll
against each lot, tract, or parcel of land to be assessed , which
assessment roll shall include additional assessments to cover the
costs of legal and advertising , interest during construction and
until assessments are made by ordinance against the property
benefited , and other incidental costs to the District . Assess-
ments shall be levied by an assessing ordinance . Such assessment
shall be a lien until paid in the several amounts assessed against
each lot, tract, or parcel of land. The cost of acquiring ,
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constructing , or otherwise installing the improvements in the
District shall be assessed against those lots, tracts or parcels
of land owned by the Petitioners, in the manner set forth in
Resolution 84- 143 for the District on file with the City Clerk.
Each total assessment, in proportion to the benefits against the
property specially benefited , shall be sufficient to cover the
portion of the total cost of the improvements to be defrayed by
special assessments .
Section 4 . After any lot , tract, or parcel of property
within the District is divided into smaller parcels or other
property interests , the assessment against such lot , tract, or
parcel shall be reallocated so that the assessment against each
such smaller parcel or other property interest shall bear the same
ratio to the original assessment against such tract or parcel as
the proportionate interest in such smaller parcel or other
property interest bears to the interest in sellable land in such
original tract or parcel as so divided into smaller parcels or
other property interests. The entire unpaid principal of any
assessment or reallocated assessment , as the case may be, together
with interest accruing thereto to the next assessment interest
payment date (except to the extent that interest on the bonds to
be issued by the City for the District has been capitalized
through such date ) shall be immediately due and payable by the
seller or transferor thereof prior to the sale or transfer of any
tract or parcel , or portion thereof if such tract or parcel shall
have been divided as aforesaid , unless the purchaser or transferee
thereof shall acknowledge , in writing, receipt of notice that the
seller or transferor is not paying such assessment or reallocated
assessment in full prior to such sale or transfer, and that such
assessment or reallocated assessment against such tract or parcel ,
or portion thereof as the case may be , shall continue to be a lien
thereon.
Section 5. That pursuant to Chapter 16 of the Code of the
City, tFe Council has considered all complaints or objections made
or filed in writing by the owners of any real property to be
assessed and any other interested person; and that the Council
further finds that all requirements of the Code of the City
regarding the organization of the District have been observed and
complied with or properly waived in accordance with Section 16-38
of the Code; and it is hereby ordered that the improvements in the
District , as provided for in the maps, plans and specifications
heretofore adopted by the Council , be and they hereby are , ordered
to be constructed .
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Section 6. That the City Manager is authorized to execute
agreements on -behalf of the City with the Petitioners concerning
the formation of said District and the management of construction
of the District, and to provide insaid agreements the rights and
responsibilities of the Petitioners and the City relative to said
District .
Section 7. When the improvements herein authorized have been
completed and the same approved and accepted by the City, the
costs as set forth in Section 3 above shall be assessed upon the
real property in said District , all as hereinbefore set forth.
Section 8. This Ordinance shall be irrepealable until the
indebtedness herein provided for , whenever the same shall be
created , shall have been duly paid , satisfied , and discharged as
herein provided .
INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND
ORDERED PUBLISHED THIS 18th DAY OF SEPTEMBER, A.D. , 1984, AND TO BE
PRESENTED FOR FINAL PASSAGE ON THE 30th DAY OF October
A. D. , 1984 . ----- ----------
Mayor Cl ---�---�
ATTEST:
C Her ��-
Passed and adopted on final reading by the Council of the
City of Fort Collins this 30th day of —0� --, A.D. , 1984.
(34
Mayor
ATTEST:
��- ---
City Clerk
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROVINCETOWNE/PORTNER ESTATES
SPECIAL IMPROVEMENT DISTRICT
LEGAL DESCRIPTION OF PROVINCETOWNE P.U.D.
That portion of Section 13 , Township 6 North, Range 69 West
of the 6th Principal Meridian, Larimer County, Colorado being more
particularly described as follows : Considering the West line of
the Northwest Quarter of said Section 13 as bearing North
00*03130" West and with all bearings contained herein relative
thereto: Beginning at the West Quarter Corner of said Section 13,
thence along the South line of the Northwest Quarter of said
Section 13, South 89050 ' 00" East 51 . 50 feet to a point on the East
right of way of U.S. Highway No . 287, as fenced , said point also
heinq on the South line of that certain tract of land described in
deed recorded in Book 1108, Page 489 records of said county and
the True Point of Beginning; thence along the Southerly lire of
said Book and Page the following eight ( 8 ) courses and distances,
South 89° 50 ' 00" East 137. 33 feet, North 01059130" West 109. 40
feet, North 15055130" East 300.00 feet North 26023 ' 30" East 300. 00
feet , North 58* 26130" East 180. 00 feet , South 75°16 ' 30" East
20n. 00 feet, South 28006130"- East 150.00 feet, South 53° 22 ' 30"
East 126 . 01 feet to the Southwest Corner of that certain tract of
land described in deed recorded in Book 1170 Page 101-102 records
of said county, thence along the Southerly line of said Book and
Page the following four ( 4 ) courses and distances , South 53° 22 ' 30"
East 118. 99 feet , South 79010100" East 120. 00 feet , South
63* 28100" East 110 . 00 feet , South 41 ° 53 ' 00" East 58. 88 feet to the
Southwesterly line of that certain tract of land described in deed
recorded in Book 1257, Paqe 254 records of said county; thence
along the Westerly and Southerly line of said Book and Page South
41 ° 35 ' 00" East 116. 18 feet ; South 37° 37 ' 00" East 294. 05 feet to
the South line of the Northwest Quarter of said Section , thence
along said line South 89050 ' 00" East 219. 87 feet to the Southwest
Corner of that certain tract of land described in deed recorded in
Book 1371 , Paqe 852 records of said county; thence along the
Westerly and Northerly lines of said tract the followinq six ( 6 )
courses and distances, North 33053 ' 00" West 850 . 62 feet , North
00005100" East 323. 60 feet , South 72057 ' 00" East 367. 20 feet,
South 69° 14 ' 00" East 161 .12 feet , South 74° 10 ' 30" East 326. 74
feet , North 86* 29100" East 553. 76 feet to the East line of the
Northwest Quarter of said Section 13 , thence along said line North
00016128" West 746. 39 feet to the South line of Moberly Heights
Subdivision, thence along the South and East line of said Subdivi-
sion , South 89° 49 ' 28" East 600. 00 feet, thence North 00`16 ' 28"
West 1053. 60 feet to a point on the South right-of-way of an
existing County Road , said point being 30. 00 feet South of the
north line of the Northeast Quarter of said Section 13 , thence
along said right-of-way, parallel with and 30.00 feet South of
said North line of the Northeast Quarter, South 88*17123" East
2073. 21 feet to a point on the West right-of-way of an existing
County Road said point being 30. 00 feet West of the East line of
the Northeast Quarter of said Section 13 , thence along said
right-of-way, parallel with and 30. 00 feet West of said East line
of the Northeast Quarter South 00005 ' 44" West 5225. 30 feet to the
North right-of-way fence of an existing County Road thence along
said right-of-way fence the following five ( 5) courses and
distances , South 89034 ' 00" West 428. 85 feet to the beginning of a
tangent curve concave to the North , having a central angle of
06047100" and a radius of 2000. 00 feet; thence along the arc of
said curve , 236. 78 feet; thence tangent from said curve North
83* 39100" West 534. 00 feet , thence South 85006100" West 605.00
feet ; thence North 88°04 ' 17" West 840. 00 feet to the East Boundary
line of Victoria Estates as monumented in the field , thence along
the Easterly and Northerly boundary of said Victoria Estates as
monumented in the field the following. six ( 6 ) courses and
distances ; North 00000 ' 22" West 1455. 57 feet, South 85005120" West
615. 00 feet North 72006 ' 20" West 300. 00 feet, North 61040 ' 44" West
399 . 84 feet, South 89049122" West 544. 00 feet, North 75008 ' 24"
West 842. 44 feet to the East right-of-way of U.S. Highway No . 287
as fenced , thence along said East right-of-way North 00°07 ' 00"
East 740. 36 feet to the True Point of Beginning. Said tract
contains 402. 86+ Acres . Subject to all existing easements and
rights-of-way of record ;
TOGETHER WITH
LEGAL DESCRIPTION OF PORTNER ESTATES SOUTH P. U.D.
Commencing at the Southeast corner of Section 12 , Township 6
North , Range 69 West of the 6th P.M. , said point being the Point
of Beginning ; thence North 88027140" West along the South line of
said Section 12 a distance of 1443. 94 feet; thence North 00000 ' 00"
East 2042. 92 feet ; thence South 87' 33 ' 54" East, 656. 25 feet;
thence South 87034109" East, 258. 00 feet; thence South 00000100"
West , 614 . 37 feet; thence North 90000 ' 00" East , 530. 00 feet to a
point on the East line of said Section 12 ; thence South 00000 ' 00"
West along the East line of said Section 12 a distance of 1428. 50
feet to the Point of Beginning, County of Larimer, State of
Colorado . The above described parcel contains 59. 98 acres , more
or less .
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