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HomeMy WebLinkAbout065 - 06/05/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE CUNNINGHAM CORNER SPECIAL IMPROVEMENT DISTRICT NO. L ORDINANCE NO. 65 , 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE CUNNINGHAM CORNER SPECIAL IMPROVEMENT DISTRICT NO. 82 , AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS , heretofore the necessary proceedings were initiated to create Cunningham Corner Special Improvement District No . 82 ( the "District" ) for the purpose of installinq the following improvements , to wit: Street, water, sanitary sewer , and storm drainange improve- ments , for the benefit of the property contained within and adjacent to the boundary of said District; and WHEREAS , 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 . 84-82 and Resolution No . 84-83 relating thereto on the 15th day of May , 1984 ; and WHEREAS, The City of Fort Collins , Colorado (the "City" ) , has received the necessary report and waived 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 pur- suant 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 management of improvements to be constructed therein, and to provide therein the rights and responsibilities of all parties 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 orq_anized a special improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the pro- visions set forth in the agreement between the City and the Petitioners regarding said District, to be known as the Cunninqham Corner Special Improvement District No . 82 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 generally consist of the following: Street , water , sanitary sewer, and storm drainage improve- ments , all as more fully set forth in Resolution 84- 83 of the City and in the map, plans, and specifications heretofore sub- mitted by the Director of Public Works for said District and accepted by the City Council by said Resolution and on file with the City Clerk. 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, engineering, constructing, 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 $988,688.10 . The estimated amount or proportion of the total cost to be paid by other than special assessments is $209,577.91 . The balance of the estimated total cost in the District ( i .e. , $779, 110 . 19 ) , 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 adver- tising, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs to the District. Assessments 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, constructing, or otherwise installing the improvements in the District shall be assessed against those lots, tracts , or parcels of land owned by the Petitioners , as set forth in the Petitions for the District on file with the City Clerk. Each assessment, in proportion to the benefits against the property specially benefited, shall be sufficient to cover the portion of the total cost of the improve- ments to be defrayed by special assessments . Section 4. After any such tract or parcel is divided into smaller parcels or other property interests, the assessment against such tract or parcel shall be reallocated, so that the -2- 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 thereon 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 , the Council has considered all complaints or objections made or filed in writing by the owners of any real property to be assessed or any interested person ; and that the Council further finds that all requirements of the Code of the City respecting the organization of the District have been observed and complied with in all respects; and it is hereby ordered that the improvements in the District . as provided for in the maps, plans , and specifica- tions heretofore adopted by the Council be , and they hereby are , ordered to be constructed. 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 improvements to be constructed therein, and to provide in said 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 -3- created, shall have been duly paid, satisfied, and discharged as herein provided. Introduced, considered favorably on first reading , and ordered published this 15th day of May, A.D. , 1984, and to be presented for final passage on the 5th day of June, A.D. , 1984. O'g'±f4 Mayor ATTEST: TTEST: City Cl Passed and adopted on final reading by the Council of the City of Fort Collins this 5th day of June , A.D. , 1984. Mayor ATTESTi y —�_— City Clerk -4- EXHIBIT "A" LEGAL DESCRIPTION OF CUNNINGHAM CORNER SPECIAL IMPROVEMENT DISTRICT LEGAL DESCRIPTION - CUNNINGHAM CORNER, A P.U.D. A tract of land located in the Southwest Quarter of Section 26, Township 7 North , Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado being described as follows : Beginning at the Southwest corner of Section 26, the True Point of Beginning of this description and considering the Westerly line of the Southwest Quarter of said Section 26 to bear North 00' 27 ' 27" West with all bearings contained herein relative thereto; thence Northerly along said Westerly line North 00° 27 ' 27" West, 452.00 feet; thence departing said Westerly line North 89' 32 ' 33" East, 217 . 80 feet thence North 000 27 ' 27" West, 200.00 feet; thence South 89° 32 ' 33" West, 217 . 80 feet to the Westerly line of said Southwest Quarter; thence North 00° 27 ' 27" West, 674.72 feet; thence departing said Westerly line North 89° 46 ' 40" East, 1 ,320 . 83 feet along the Southerly line of Worthington Farms and Woodwest 7th Filing to the Northwest corner of Sun Disk Village PUD as recorded with the Larimer County Clerk and Recorder; thence Southerly along the Westerly line of said Sun Disk Village PUD South 00° 21 ' 47" East, 492. 84 feet to the Easterly right-of-way line of Windmill Drive; thence South 65° 13 ' 29" West, 54.00 feet to the Westerly right-of-way line of Windmill Drive; thence Southerly along said Westerly line along a non-tangent curve to the right having a delta of 24° 24 ' 44" , a radius of 248.00 feet, an arc of 105.67 feet and a long chord which bears South 12° 34 ' 09" East, 104.87 feet; thence South 000 21 ' 47" East , 642.49 feet; thence along a curve to the right having a delta of 90° 04 ' 31 ", a radius of 15 .00 feet , an arc of 23.58 feet and a long chord which bears South 44° 40 ' 29" West , 21 .23 feet to the Northerly right-of-way line of Horsetooth Road; thence South 00' 21 ' 47" East , 50.00 feet to the Southerly line of the Southwest Quarter of said Section 26 ; thence South 890 42 ' 44" West , 1 ,276.62 feet to the point of beginning of this description . The above described tract contains 38.622 acres . LEGAL DESCRIPTION - WILLIAMSBURG, A PROPOSED P.U.D. A tract of land situate in the Southeast One Quarter of Section 27, Township 7 North , Range 69 West, of the Sixth Principal Meridian which considering the East line of said Southeast One Quarter as bearing North , and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southeast Corner of said Section 27 and run thence North 663. 25 feet; thence along the north line of the South One Half of the South One Half of the Southeast One Quarter of said Section 27, N 890 44 ' 16" West , 1020.01 feet; thence South 663.62 feet to a point on the south line of said Southeast One Quarter; thence along said south line S 89' 45 ' 30" East 1020.00 feet to the point of beginning of this description. The above described tract contains 15. 5348 acres , more or less .