HomeMy WebLinkAbout132 - 10/20/1981 - ASSESSING THE COSTS OF IMPROVEMENTS IN STORM SEWER IMPROVEMENT DISTRICT NO 17 ORDINANCE NO 132, 1981
BEING AN ORDINANCE ASS=NG THE COSTS
OF IMPROVEMENTS IN STORM SEWER IMPROVEMENT
DISTRICT NO 17 AND PROVIDING FOR THE PAYMENT
AND COLLECTION THEREOF
WHEREAS, heretofore by appropriate ordinances and resolutions duly
adopted by the Council of the City of Fort Collins, there was establisned
Storm Sewer Improvement District No 17 for the purpose of constructing
storm sewer improvements to benefit certain property within the City
pursuant to Chapter 16 of the Code of the City of Fort Collins, and
WHEREAS, pursuant to said ordinances and resolutions, said improve-
ments have been installed and accepted by the City of Fort Collins, Colo-
rado, and
WHEREAS, upon accepting said improvements, the City Council adopted
the report of the City Engineer respecting the cost of such improvements
and the schedule of assessments prepared by the City Engineer and ordered
notice to be published as provided in Chapter 16 of the Code of the City of
Fort Collins which said notice was duly published as therein provided,
and
WHEREAS, October 6, 1981, is the date set for hearing of complaints
and objections and the determinations of the same and for acting upon an
ordinance assessing the cost of such improvements, and
WHEREAS, all complaints and objections in writing filed by property
owners within the district have been considered by the City Council
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 That the total cost of the improvements in Storm Sewer
Improvement District No 17, including the cost of collection, legal ,
advertising, engineering, financing and other incidentals is Thlee Hundred
and Six Thousand One Hundred and Sixty Nine Dollars and Thirty Four Cents
($306 169 34) , said sum being hereby assessed upon the real estate in said
district in accordance with the provisions of Chapter 16 of the Code of the
City of Fort Collins and the proportion of said costs assessed upon each
lot or tract of land in said district shall be as established on the
assessment roll for said district , which roll is attached hereto and
incorporated herein by this reference
Section 2 All assessments herein provided for shall be due and
payable within thirty (30) days after the final publication of this ordi-
nance without demand provided that all such assessments may, at the elec-
tion of the owners of the property to be assessed, be paid in ten (10)
equal installments, the first installment being due on the 31st day of
January, 1982, and on the 31st day of January of each year thereafter until
the full amount thereof has been paid together with interest on the unpaid
principal balance at the rate of thirteen percent (13%) per annum, said
interest to be payable at the time of the principal payment Failure to
pay the whole of such assessment within thirty (30) days as aforesaid shall
be conclusively considered and held as an election on the part of the
person interested, whether under disability or otherwise, to pay in such
installments
Section 3 In the case of election of any person to pay in install-
ments as aforesaid, the failure to pay any installment when due, whether on
principal or interest, shall cause the whole of the unpaid principal to
become due and payable immediately and the whole amount of unpaid principal
and accrued interest shall thereafter draw interest at the rate of one
percent (1%) per month until the date of sale as hereinafter provided,
provided, however, that at any time prior to the date of the sale, the
owner of the property assessed may pay the amount of all unpaid and due
installments together with all interest that has accrued as aforesaid and
all penalties accrued and upon such payment shall be restored to the right
to pay the installments in the same manner as if the default had not
occurred The owners of any property not in default as to any installments
or payments may, at any time, pay the entire unpaid principal balance
together with interest accrued thereon to the first day of the month
following such payment
Section 4 Payments may be made to the Director of Finance at any
time within thirty (30) days after final publication of this ordinance and
in such event an allowance of five percent (5%) of the discount shall he
made on all payments during such period only
Section 5 In case of the default in the payment of any installment
of principal or interest when due all property concerning which such
default is suffered shall be advertised by the County Treasurer and sold
for the payment of the entire unpaid assessment thereon at the same time or
times and in the same manner under the all the same conditions and penal-
ties and with the same effect as provided by law for the sale of real
estate in default of the payment of general taxes, all as provided by
Chapter 16 of the Code of the City of Fort Collins
Section 6 The Director of Finance shall prepare the said assessment
roll in proper form as provided in Chapter 16 of the Code of the City of
Fort Collins and shall keep a record of all payments during the thirty day
period after the final publication of this ordinance and upon the expira-
tion of the said thirty day period, he shall deliver said assessment roll ,
as amended if applicable, to the County Treasurer of Larimer County with
his warrant for collection of the same, all as provided in Chapter 16 of
the Code of the City of Fort Collins
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Section 7 All collections made by the County Treasurer on said
assessment roll in any calendar month shall be accounted for and paid over
to the Director of Finance on the first day of each and every month with
separate statements for all such collections for each month in the same
manner as general taxes are paid by the County Treasurer to the City
Section 8 The owner of any divided or undivided interest may pay
his share of any assessment upon producing evidence of the extent of his
interests satisfactory to the officers having the roll in their charge
Section 9 If any property owner eligible therefor is granted a
deferment from the assessment made by this ordinance pursuant to the
provisions of Chapter 36 of the Code of the City of Fort Collins, then the
lien created on such owner's property by this ordinance shall remain in
full force and effect but the same shall not be due or payable until the
deferment granted pursuant to Chapter 36, Code of the City of Fort Collins
has expired
Introduced, considered favorably on first reading, and ordered pub-
lished this 6th day of October, A D 1981, and to be presented for final
passage on the 20th day of October , A D 1981
;-7,
AX
ayor
ATTEST
City Clerk
Passed and adopted on final reading this 20th day of October A D
1981
ha r
ATTEST
Cityty Clerk
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STORM SEWER IMPROVEMENT DISTRICT NO 17 ASSESSMENT ROLL
NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT
Creger Plaza, Ltd All of Creger Plaza Subdivision, 28 01 S 85,758 03
c/o Reid L Rosenthal except Lots 1 , 2 and 3 thereof,
300 Spinnaker Lane according to the original plat
Ft Collins, CO 80525 (not the replat) of Creger Plaza
Subdivision, a subdivision in the City
of Fort Collins, Colorado
Robert E Creger A tract of land situate in the Northeast 5 03 15,400 32
3835 South College Quarter of Section 35, Township 7 North,
Ft Collins, CO 80525 Range 69 West of the 6th P M , City of
Fort Collins, County of Larimer, State
of Colorado, which considering the East
line of said Northeast Quarter as
bearing S 00° 29' E and with all bearings
contained herein relative thereto, is
contained within the boundary lines
which begin at a point on the West
line of U S highway No 287 which bears
N 890 49' 40" W 88 20 feet, and again
S 00 05' E 30 00 feet, and again S
45 11 ' E 70 60 feet, and again S 00*
05' E 976 90 feet from the Northeast
corner of said Section 35, and run thence
N 89 55' 45" K 400 00 feet, thence
S 00 05' E 100 00 feet, thence S 89°
55' 45" E 400 00 feet, thence N 00° 05'
W 100 00 feet to the point of beginning
NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT
Richard C Fuqua and A tract of land situate in the 7 40 S 22,656 53
Patricia K Fuqua Northeast 1/4 of Section 35,
c/o Garth W Rogers Township 7 North, Range 69 West of the
1201 Forest Hills Lane 6th P M , Larimer County, Colorado,
Ft Collins, CO 80524 which considering the East line 29' E and
with all bearings contained herein relative
thereto, is contained within boundary lines
which begin at a point on the westerly
right-of-way line of Colorado State
Highway No 1 which bears N 89 49' 40" W
88 20 feet and again S 000 05' E 30 00 feet
and again S 45° 11 ' E 70 60 feet and again
S 00 05' E 1276 90 feet from the Northeast
corner of said Section 35 and run thence
S 00° 05' E 200 00 feet along said Westerly
right-of-way line, thence N 890 55' 45" W
886 12 feet to a point on the Easterly
right-of-way line of the Colorado and
Southern Railroad, thence N O1° 04' E 200 00
feet along said Easterly right-of-way line,
thence S 89° 55' 45" E 882 10 feet to the
point of beginning
G W Rogers and A tract of land situate in the Northeast 7 43 22,748 39
D J Colling 1/4 of Section 35, Township 7 North, Range
1201 Forest Hills Lane 69 West of the 6th P M , Larimer County,
Ft Collins, CO 80524 Colorado, which considering the East line
of said Northeast 1/4 as bearing S 00° 29' E
and with all bearings contained herein
relative thereto, begins at a point which
bears S 00* 29' E 1956 80 feet and again N
89° 55' 45" W 51 2 feet and again N 00* 45' W
56 30 feet and again N 00° 05' W 143 70 feet
from the Northeast corner of said Section 35
and run thence N 00° 05' W 200 00 feet along
the westerly right-of-way line of Colorado
J
1
S
NAME & ADDRESS DESCRIPTION ASSESSMENT RATE TOTAL ASSESSMENT
i
State Highway No 1, thence N 890 55' 45"
W 886 12 feet to a point on the Easterly
right-of-way line of Colorado and Southern
Railroad Co thence S 01° 04' W 200 00
feet along said Easterly right-of-way line, 4
thence S 89 55' 45" E 890 13 feet to the
point of beginning
South College A tract of land situate in the Northeast 7 47 22,870 85
Investments 1/4 of Section 35, Township 7 North,
i 947 Walnut Range 69 West of the 6th P M , Larimer
Boulder, CO County, Colorado, which considering the
East line of said Northeast 1/4 as bearing
S 000 29' E and with all bearings contained
herein relative thereto, more particularly
described as follows Begin at a point which
bears S 00* 29' E 1956 8 feet and again
N 89° 55' 45" W 51 2 feet from the Northeast
corner of said Section 35 and run thence
N 890 55' 45" W 894 80 feet on a line
parallel with the South line of said NE 1/4
to a point on the Easterly right-of way line
of the Colorado & Southern Railroad Co , thence
N 019 04' E 200 00 feet along said Easterly
right-of-way line, thence S 89° 55' 45" E
890 13 feet to a point on the Westerly right-
of-way line of Colorado State Highway No 1,
thence S 00* 05' E 143 70 feet along said
Westerly right-of-way line, thence S 00° 45' E
56 30 feet along said Westerly right-of-way
line to the point of beginning
NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT
Lydia tl Collopy, All of Fossil Creek Commercial Plaza, 30 67 $93,902 13
Margaret M Pexton a subdivision in the City of Fort Collins,
and Francis W Collopy Colorado, lying West of the East right-
as Executor of the of-way line of McClelland Drive (Mason
Estate of May Troutman Street) as shown on the plat of said
c/o Milo Bunker subdivision
P 0 Box 271
Ft Collins, CO 80522
MGC Properties Two tracts of land situate in the SE 1/4 3 41 10,440 37
c/o Chris Christopher of the SE 1/4 of Section 35, Township 7
1405 West 31 North, Range 69 West of the 6th P M ,
Loveland, CO 80537 described as follows
Commencing at a point from which the SE
corner of said Section 35 bears South 531
feet, thence North 292 5 feet, thence West
267 8 feet to the former location of the
East bank of the New Mercer Ditch, thence
S 39° 03' E 376 8 feet along the former
location of such East bank, thence East 30
feet to the point of beginning
Also commencing at a point 267 8 feet West
and 823 5 feet North of the SE corner of
said Section 35, thence West 59 1 feet
more of less to the center of the New
Mercer Ditch, thence S 00° 02' W 292 5 feet
more of lesa to the center of the New
more or less to a point due West of a
point 531 feet North of the SE corner of
said Section 35, thence East 286 9 feet
more or less to a point 40 feet West and
531 feet North of the SE corner of said
NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT
Section 35, thence North 7 76 feet
more or less to the Southwesterly line
of a tract deeded to Rose E Starkey by
deed recorded in Book 455 at Page 170
of the Larimer County records (the tract
first described above), thence Northwesterly
along the Southwesterly boundary of such
tract to the point of beginning
Kensington Properties, Considering the South line of Section 35, 10 58 $32,392 72
Ltd Township 7 North, Rane 69 West of the 6th
c/o Paul Hefron P M , as bearing N 89° 53' W, and with all
1221 Pearl Street bearings herein relative thereto, begin-
Boulder, CO 80306 ning at the Southeast corner of said
Section 35, thence N 89 53' W along the
South line of said Section 35, 1050 feet,
more or less, to the track of the Colorado
& Southern Railway Company, thence N
010 00' E along said track 531 feet, thence
S 89° 53' 13" E 1050 feet, more or less, to
the East line of said Section 35, thence S
00' 00' 30" E 531 feet along said section
line to the point of beginning, except
portion thereof conveyed to the Wicks
Corporation by warranty deed recorded in
Book 1577 at Page 712 of the Lariner
County records