HomeMy WebLinkAbout019 - 03/04/1980 - CREATING AND ORGANIZING STORM SEWER IMPROVEMENT DISTRICT NO. 17 - T
04UINANCE NO 19, 10SO
bEIhG r,u ORDIi 10E CREATING AND OPLANIZIV
STORM SEWER If PPOVEi G T DISTkICT r 0 17, PkOVIDING
FOP ThE Gnf STP&TI0n C` Imp,nVEA'ENTS TKEPEIi
WHEREAS, the owners of the property to be assessed for the cost of the
same have requested that the City of Fort Collins create a special improve-
ment district for the purpose of installing an interceptor storm sewer line
for the benefit of tr e pi opei ties describeo on Fxhibit A attachea hereto,
and
WHEREAS, all of the owners of the properties described on Exhibit A
have waived all notice of the prouosed formatior of the district ano
consented that such district may be formed without further notice to such
owners and that assessments may be made against each owner ' s property to
pay the costs incurred in the district as set forth in this ordinance,
and
WHEPEAS, such owners have also waived the limitation on assessments as
set forth in Section 16-20 of the Coae of the City of Fort Collins ane
aqreed that the full amount of assessmeit required against each property to
pay the costs incurred by the district may be nade against their respective
properties, and
WHEREAS, plans, specifications arc' a map showing the improvements to
be installed by the district have been made and presented to the City
Council ana appioveo by the City Council , ano
IHEPEAS, a portion of the improvements to be installed in the district
have already been installer by the owners of the property in the district
at a cost of S51 000 00 and such owners have also waived all formal bidding
requirerents for sucn construction work, and
WHEREAS, the City Council is of the opinion that it is in the best
interests of the City of Fort Collins to form the special improvement
district in accordance pith the contract bet een the owners of the proper-
ties described on Exhibit A and to authorize the installation of the
interceptor storm sewer imorovegents in accordance with the plans and
specifications for the sayr
NOr , THEREFORE, BE IT ORDAINED BY IPE COUNCIL OF THE CITY OF FORT
COLLINS
t
Section 1 That there is hereby created and organized an improvement
district under and by virtue of the provisions of Chapter 16 of the Code of
the City of Fort Collins to be known as Storrs Suer Improvement District
Po 17 (hereinafter sometimes referred to as the "District") , witn trio
District to be conurised of the properties descritea cn Exhibit A attdcnea
hereto
Section 2 The improvements to be constructed shall consist of an
interceptor storm sewer line as set forth in the map, plans and specifica-
tions submitted to the City Council and adopted hereby
Section 3 The total cost of such improvements shall not exceed by
more than 5% the estimate of the cost of constructing said improvements in
the amount of $267,683 00, provided that to such cost there shall be added
the actual cost of acduirina any right-of-way or easement necessary for the
installation of said improvements in accordance with the plans and specifi-
cations and further prodded that such cost does not include the expense of
collection, legal advertising, engineering, financing and other incidentals
as provided for hereinafter
Section 4 The total cost of such improvements, not to exceed the
amount set forth in Section 3, together with any cost incurred in acquiring
necessary rights-ot-way or easements for the installation of such inprove-
ments and togetner furtner with the followinq additional costs, to- it
Engineerirq (design and supervision) $21,344 OU
Engineering (formation of District) 2,668 00
Legal and Administrative 2,668 00
Construction Stains and Te,+ nq 5,336 Co
Total Additional Cost $32,016 00
shall be assessed against the properties in the District as follows
A The amount of $27,000 00 representina improvements already
installed and paid for by the owners of property riot included within the
properties in the District shall not to assessed since that amount has
already been paid and the property which would have been assessed for that
cost has been omitted from the District
6 All other costs of the District, including the remainder of
the cost of improvements already installed but not row paid for, the cost
of construction of the icma ininq improvements to be in-talled, all costs of
right-of-way and eagenent acquisition and engineer inq and similar addition-
al costs as provided for in this ordinance shall be assessed against We
various properties in the District in the percentage set forth on Exhibit
A
C Payment of the balance owing to Don keen Construction on
-2-
account of improvements already install-d by said contractor within the
District (�24,000 00) is hereby also authorized
Section 5 4hen the innrovPaiPnts her �in 31rthorizec have been rom-
pleted and the sane approved and a,-cepted by the City of Fort Collins, the
costs as set forth above snall be assessed upon the real property in said
improvement district, all as herein provided For property onners electing
to pay the assessments in installments, the assessments shall be payable
over ten years in ten equal installments of principal plus accrued inter -
est Interest shall be charged at the sane rate as payable on bonds issueo
to pay the cost of the improvements Pursuant to the agreement entered
into betr,een the property ovners and the City of Fort Collins relating to
the creation of the wi tnin District and notwithstanding y16-25(A) of the
Code of the City of Fort Collins relating to improvement districts, an
allowance of 5% for the cost of collection and other incidentals shall not
be allowed on any payment
Section 6 This ordinance shall be irrepealable until all costs
incurred by the District have been fully paid, satisfied and discharged
Introduced, consider ea favorably on first reaaing, and orgered puo-
lished this 29th day of January , A C 1980, and to be presented for
final passaae on the 4th day of March ,_A D 80
r�
ATTEST
zCv Clerk
Passed and rdopted on final readirq thi, 4th day of March ,
A D 19C0
,
1 ayor L�
ATTTT
City C er h
-3-
r
Description of Properties to Comprise
Storm Drainage District
Percent
of Cost
Name of O�,ner Property Description Payable
Creger Plaza , Ltd All of Creger Plaza Subdivision , except 28 01",
Lots 1, 2 and 3 theteof , accoiding to the
original plat (not the replat) of Creger
Plaza SubJivision , a subdivision in the
City of Fort Collins , Colorado
Robert E Creger A tract of land situate in the Northeast 5 03.1
Quartet of Section 35 , Township 7 Nortn ,
Ranqe 69 [jest of the 6th P M . , City of
Fort Collins, County of Latimet , State of
Colorado , which considering the East line
of said Northeast Quarter as oearing S
00°29 ' E and with all bearings contained
herein relati✓e thereto, i5 contained
within the boundary ltnes which begin at
a point on the We, t line of U S High"ay
No 287 wntch bears lI 89149 ' 40" L, 88 20
feet, and again S 00° 05 ' F 30 00 feet,
and again S a5011' L 70 60 feet , and
again S 00005 ' E 976 90 feet from the
Northeast cornet of said Sectio,i 35, and
run the-r— 71 Quo 55 + 'S" 4 400 00 f�-P' ,
tneice S 00'05 ' E 100 00 feet, thence S
89 ` 55 ' 45" F 400 00 -'-e` thence If 00005'
W 100 00 feet to the point of oeginning
Picnard C =uqua a d A tract o` land sitn to to the Northeast 7 A0%
natricia 4 Fuqua 1/,' of Sectio-i 35, �o msnip 7 North,
.J_ SC iin2 U� � c ll +JLC _cot 1/-+ d3
be -+_ ing S OC °29 ' F a+iJ with all bearings
co _ained he,etn . _-Lati7e Lncre.D, is
con - iincd s?ithin boun-idty lines wh1ch
b,.In -II_ a no] nt on the jast2- 1 /
ri iz-of- al,' Lin-- c{ Colo id-) �tace
f lq T day 1\0 l lhll.
feer anf, a7atz S 45"11 ' L 70 60 feet and
again S 00°05 ' E 1276 90 feet from the
Northeast corner of said Section 35 and
run thence S 00105 ' E 200 00 feet along
said westerly right-of-way line, thence N
89055145" W 886 12 feet to a point on the
Easterly right-of-way line of the
Colorado and Soutnern Railroad , thence N
01004 ' E 200 00 feet along said Easterly
right-of-,gay line , thence S 89°55 ' 45" E
882 10 feet to the point of beginning
G LI Rogers and D J A tract of land situate in the Northeast 7 43%
Colling 1/4 of Section 35 , Township 7 Nortr ,
Range 69 'Vest of the 6th P M , Larimer
County, Colorado, which considering the
East line of said Fortneast 1/4 as
bearing S 00'29 ' E and with all bearings
contained herein relative thereto, begins
au a point wnich bears S 00029 ' E 1956 80
feet and again N 89055 ' 45" W 51 2 feet
and again N 00045 ' 'I 56 30 feet and
again N 00005 ' VI 143 70 feet from the
Northeast coiner of said Section 35 and
tun thence N 00005 ' W 200 00 feet along
the westerly right-of-,aay line of
Colorado State Yigh ,av No 1, fnence N
89055 ' 45" Q 886 12 feet to a point on
the Easterly right-of-way line of
Colorado and Southern Railroad Co
tnence S 0100d ' 17 200 00 feet along said
East. ,ly iiaht-of o, _, Line, t'i > c. >
89055 ' 45" E 89n 1I Feet to the point of
beginning
South College A tract of land situate in the Northeast 7 47%
Investrenus 1/4 of Section 35 , Township 7 North , Range
69 West of the 6th P ri , Larimer County,
Color=do , inich considering the Ease line
relative thereto, iiare pa, ticulai ly
descrined as follois Beyin at a point
Which bears S 00°29 ' L 1956 8 feet and
again P 8 "55 ' 45" j' 51 2 feet from the
Northe3SL corner of said Section 35 and run
thane e 11 89°55 ' f5 ' 1 oat 80 f,et or, a line
parallel vitn the c ,u' i line of said 14C 1/4
to a poi ,it on tn- -V-�tp, ly rtcncc-of-w-qv
r
line of the CGlorAao and Southern Railroad
Cc , thence N 01'Od ' E 200 00 feet along
said Easterly right-of-way line, thence S
89055 ' 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 6esterly
right-of-way line, thence S 00045' E 56 30
feet along said Westerly right-of-way line
to the point of beginning
Lydia ii Collopy, All of Fossil Creef Commercial Plaza, a 30 67%
Margaret M PeAton subdivision in the City of Fort Collins ,
and Francis W Collopy Colorado, lying West of the East right-of-
as Executor of the way line of McClelland Drive (Mason
Estate of May Troutman Street) as shown on the plat of said
subdivision
MGC Properties Two tracts of land situate in the SE 1/d of 3 41%
the SE 1/4 of Section 35 , Townsnip 7 North,
Range 69 [lest of the 6th P M , desciibed as
follows
Commencing at a point from which the SE
corner of said Section 35 bears South 531
feet, thence Nortn 292 5 feet, thence West
267 8 feet to the former location of the
East bank of the New Mercer Ditch , thence S
39003 ' 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 261 8 feet West
and 823 5 feet Notto of the SF cornet of
said Section 35, thence West 59 1 feet more
oc less to the center of the New Mercer
Ditcn , thence S 00002 ' W 292 5 feet more or
less to a point due West of a point 531 feet
Tiorth of tome SE coiner of said Section
3r; , thence East 286 9 feet more or leas
to a FoAn-6 AC tact Writ and s31 fzet
North of the SE corner of said, Section
35 , tf ence l orth 7 70' feet more of less
to the Southresterly line of a tract
deeded to Rose E Sta6 ey by deed
Lecord ci in Boo} 1155 at Page 170 of the
Latimer Countv rec.01 ('s ( thr' tract first
debcrioeJ aoove) , thence toLthwestecly
r
al )n3 thC southiyestp-c ly boundary of such
tract to the point of beginning
Kensington Piopetties , Considering the South line of Section 35, 10 585
Ltd Township 7 North , Range 69 [lest of the
6th P [i , as bearing N 89053 ' W, and with
all hearings herein relative thereto,
beginninq at the Southeast corner of said
Section 35 , thence N 89053 ' 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 01100 ' C along said trace 531
feet , thence S 89053 ' 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 Flicks Corporation by
warranty deed recorded in Book 1577 at
Page 712 of the Larimer County records