HomeMy WebLinkAbout2007-093-10/02/2007-RESCINDING RESOLUTION 2007-073 AND ACCEPTING THE IMPROVEMENTS IN THE TIMBERLINE AND PROSPECT SID #94 RESOLUTION 2007-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RESCINDING RESOLUTION 2007-073 AND
ACCEPTING THE IMPROVEMENTS IN THE TIMBERLINE AND
PROSPECT SID #94, THE STATEMENT OF THE CITY ENGINEER
SHOWING THE COST OF SAID DISTRICT AND THE ASSESSMENT ROLL
PREPARED BY THE FINANCIAL OFFICER FOR SAID DISTRICT
WHEREAS the Council ofthe Cityof Collins Colorado the Council has heretofore
( )
duly adopted Resolution 2003-122,Resolution 2005-083 and Ordinance No. 090,2005,of the City
for the purpose of creating the Timberline and Prospect SID#94 of the City(the "District"); and
WHEREAS, the District was created by the Council as a means of allocating the costs of
certain improvements to the intersection of Timberline and Prospect Roads among the owners of
neighboring properties that would especially benefit from the construction of said improvements;
and
WHEREAS,said improvements were to consist of capacity improvements to the Timberline
Road/Prospect Road intersection, including dedicated right-turn lanes, double left-turn lanes,
additional through lanes on Timberline Road, and other improvements as necessary, such as traffic
signal and utility relocation, bridge and structure widening, right-of-way acquisition, median
construction, curb, gutter and paving(the"Improvements"); and
WHEREAS, the cost of the Improvements was advanced by the owners and developers of
certain properties located in close proximity to the Improvements(the"Funding Entities")pursuant
to an agreement between the City and the Funding Entities that City staff would recommend to the
Council that a portion of said costs be assessed against other neighboring properties that would
especially benefit from the Improvements and that, upon repayment of said assessments, such
amounts would be reimbursed to the Funding Entities by the City; and
WHEREAS, pursuant to Section 5 of the Creation Ordinance, the amount to be assessed
against property in the District is to exclude the portion of the cost of the Improvements that will be
due from the owners of certain underutilized properties within one mile of the intersection of
Timberline and Prospect Roads (the"Underutilized Properties"), which portion will be payable to
the Funding Entities through reimbursements required by the City as a condition of the
redevelopment of said properties if and when such redevelopment occurs; and
WHEREAS, the proportionate share of the cost of the Improvements that is to be borne by
the properties owned by the Funding Entities should be excluded from the amount to be assessed
against other benefitted properties in the District, since such properties' share has already been paid
by the Funding Entities; and
WHEREAS, the Director of Engineering has certified to the Council that the acquisition,
construction, and installation of the Improvements have been completed; and
WHEREAS, the Council now desires to accept the Improvements; and
WHEREAS, the City Engineer, in accordance with Section 22-85 of the City Code (the
"Code"), prepared a statement showing the total cost of the District and the Financial Officer
prepared an assessment roll showing the owners of the properties to be assessed, describing each
such property and stating the amount of the assessment on each property, pursuant to the
requirements of Section 22-88 of the Code; and
WHEREAS, on August 21, 2007, the Council adopted Resolution 2007-073 Accepting the
Improvements in the Timberline and Prospect SID#94,the Statement of the City Engineer Showing
the Cost of Said District and the Assessment Roll Prepared by the Financial Officer for Said District;
and
WHEREAS, the assessment roll attached to Resolution 2007-073 included a property now
owned by Fort Collins Capital Leasing Corp. even though the amount to be assessed against said
property had already been paid by the Funding Entities, so that said property should not have been
included in the assessment roll; and
WHEREAS, in addition,the notice attached to said Resolution 2007-073 contained certain
information which may have been misleading or confusing as to the total cost of the District and the
amount to be assessed against properties in the District; and
WHEREAS, for these reasons, City staff has recommended, and Council agrees, that
Resolution 2007-073 and the exhibits attached thereto should be rescinded and sperceded by this
Resolution and the exhibits attached hereto,and that a revised notice should be provided to affected
property owners in the City; and
WHEREAS, the Council desires to receive and accept the revised statement of cost and
assessment roll relating to the District and,upon such acceptance,to order the City Clerk to re-notify
the owners of the property to be assessed and all persons interested generally,as required by Section
22-88 of the Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
1. That Resolution 2007-073, adopted by the Council on August 21, 2007, is hereby
rescinded.
2. That the Improvements certified by the City Engineer to the City Council as having
been fully acquired, constructed, and installed, as shown on Exhibit "A," attached hereto and
incorporated herein by this reference, are hereby accepted and approved by the Council.
3. That the stated of cost prepared by the City Engineer and shown on Exhibit `B,"
attached hereto and incorporated herein by this reference, and the assessment roll of the District
prepared by the Financial Officer, as shown on Exhibit"C," attached hereto and also incorporated
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herein are hereby accepted and approved by the Council.
4. That the City Clerk shall,by publication and mailing of a notice in accordance with
Section 22-88 of the Code, notify the owners of all properties to be assessed and all persons
interested generally that the Improvements have been completed and accepted, said notice to be in
substantially the form set forth on Exhibit "D," attached hereto and incorporated herein by this
reference.
5. That on the 6th day of November,2007, at the hour of 6:00 PM,or as soon thereafter
as the matter may come on for hearing,in the Council Chambers at 300 Laporte Avenue,City of Fort
Collins, Colorado, the Council will consider the ordering by ordinance of assessments for the total
cost of the District and hear all complaints and objections by the owners of any interested persons
that may be made and filed in writing in compliance with Section 22-88 of the Code concerning the
proposed assessments.
Passed and adopted at a regular meeting of the Co f the City of Fort Colli this 2nd
day of October, A.D. 2007.
t
Mayor
ATTEST:
Chief Deputy City Clerk
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EXHIBIT A
CERTIFICATE OF ENGINEERING DEPARTMENT
OF
COMPLETION OF IMPROVEMENTS
FOR
TIMBERLINE PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94
The Council of the City of Fort Collins established the Timberline Prospect Special
Improvement District No. 94, the District, on September 6th, 2005, by passing Ordinance
No. 090, 2005. The District was established in order to construct improvements to the
intersection of Timberline and Prospect Roads. These improvements consisted of
capacity improvements to the Timberline Road/Prospect Road intersection, including
dedicated right-turn lanes, double left-turn lanes, additional through lanes on Timberline
Road, and other improvements as necessary, such as traffic signal and utility relocation,
bridge and structure widening, right-of-way acquisition, median construction, curb, gutter
and paving.
On the 15th day of December, 2006, the City inspected said improvements. The City
Engineer hereby certifies to the City Council that all improvements associated with the
District were constructed in accordance with the plans and specifications on file with the
City Clerk.
City Engineer
EXHIBIT B
STATEMENT OF COST
FOR
TIMBERLINE & PROSPECT
SPECIAL IMPROVEMENT DISTRICT NO. 94
On the 6th Day of September, 2005, the Fort Collins City Council established the
Timberline & Prospect Special Improvement District No. 94, the District, by passing
Ordinance No. 090, 2005. The District was formed in order to construct and install
certain capacity improvements to the Timberline Road/Prospect Road intersection,
including dedicated right-turn lanes, double left-turn lanes, additional through lanes on
Timberline Road, and other improvements as necessary, such as traffic signal and utility
relocation, bridge and structure widening, right-of-way acquisition, median construction,
curb, gutter and paving.
In accordance with Section 22-85 of the Fort Collins City Code, the City Engineer of the
City of Fort Collins is required to prepare a statement of cost for the District.
Accordingly, the City Engineer has prepared the Statement of Cost below.
1. Final Construction Cost $2,400,000.00
2. Engineering and Construction Management $ 100,000.00
3. Incidental costs—publication fees,
administration fees. $ 18,853.00
Total Cost of Improvements $2,518,853.00
(less amounts to be separately paid by
owners of Underutilized Properties) ($ 180,719.00)
Total Cost of District Improvements $2,338,134.00
This Statement of Cost is dated the 26th day of Septemb r, 2007.
City Engineer
Timberline Special Improvement District No. 94 EXHIBIT "C"
Preliminary Assessment Roll
26-Sep-07
Parcel um r Schedule Assessed
SID Tract Number Owner's Name&Address Number Legal Description Amount
1 Lee A. Stark 87181-06-002/R1594812 Lot 2A of the Amended Plat of Lots 1 and 2 of Summers $ 52,346.28
1803 Garfield Ave. Subdivision and a tract of Land situated in the Northeast 1/4
of of Section 18,Township 7 N, Range 68 W, of the 6th
Loveland, CO 80538 Principal Meridian,County of Larimer, State of Colorado.
2 Free Enterprises, Inc. 87181-00-090/R0143936 See the attached Exhibit C-1 $ 31,158.50
1803 Garfield Ave.
Loveland, CO 80538
3 PS-Timberline Lakes,LLC 87173-07-001/R1225740 See the attached Exhibit C-2 $ 425,001.94
103 W. Mountain Avenue
Fort Collins, CO 80525-0000
4 PS-Timberline Lakes, LLC 87173-08-003/R1225758 See the attached Exhibit C-2 $ 68,548.70
103 W. Mountain Avenue
Fort Collins, CO 80525-0000
5 USTL, LLLP, at.al. 87184-14-001/R1225766 See the attached Exhibit C-3 $ 167,009.56
760 Whaler's Way, Bldg.A-200
Fort Collins,CO 80525
6 Sharp Point Properties, LLC 87202-18-006/R1604944 Lot 6, Spring Creek Center PUD, FTC $ 66,056.02
1800 Broadway,Suite 210
Boulder, CO 80302
7 Sharp Point Properties, LLC 87202-18-007/R1604945 Lot 7, Spring Creek Center PUD, FTC $ 59,824.32
1800 Broadway, Suite 210
Boulder, CO 80303
8 Sharp Point Properties, LLC 87202-12-005/R1192655 Lot 5, Prospect Park East PUD, FTC $ 71,041.38
1800 Broadway, Suite 210
Boulder, CO 80303
9 Arapahoe Technologies, Inc. 87201-05-011/R0168696 Lot 11, Prospect Industrial Park, FTC $ 2,492.68
305 W. Magnolia 204
Fort Collins, CO 80521
11 Timberline Autoplex,LLC 87191-44-001/R1641578 Lot 1,Timberline Center, FTC' $ 43,621.90
P.O. Box 272549 87191-44-002/R1641579 Lot 2,Timberline Center, FTC'
Fort Collins, CO 80527-2549 87191-44-003/R1641580 Lot 3,Timberline Center, FTC'
87191-44-005/R1641582 Lot 5,Timberline Center, FTC'
Farcel Number/ c e u e Assessed
SID Tract Number Owner's Name&Address Number Legal Description Amount
12 Timberline Development, LLC 87191-44-004/R1641581 Lot 4,Timberline Center, FTC $ 255,499.70
P.O. Box 1046 87191-44-006/R1641583 Lot 6, Timberline Center, FTC2
Loveland, CO 80539 87191-44-007/R1641584 Lot 7, Timberline Center, FTC2
87191-44-008/R1641585 Lot 8, Timberline Center, FTC'
87191-44-009/R1641586 Lot 9, Timbedine Center, FTC2
87191-44-010/R1641587 Lot 10, Timbedine Center, FTC2
87194-00-011/R1641588 Lot 11,Timbedine Center, FTC
8719444-012/R1641589 Lot 12, Timbedine Center, FTC2
8719444-013/R1641590 Lot 13,Timbedine Center, FTC2
87194-44-014/R1641591 Lot 14,Timbedine Center, FTC2
15 Midpoint and Timberline, LLC 87202-20-001/R1626624 See the attached Exhibit C-4 $ 62,317.00
2121 Midpoint Drive, Suite 302
Fort Collins, CO 80525
16 Gypro Properties, LLC 87202-20-002/R1626625 Lot 2, Centerpoint Plaza, FTC $ 49,853.60
1400 E.61 st St.
Denver, CO 80216
17 Jim Kemaghan 87201-05-016/R0168742 Lot 16, Prospect Industrial Park, FTC $ 13,702.24
6118 Normandy Ct.
Fort Collins, CO 80525
18 Cowen Transfer&Storage Co. 87202-06-017/R0168769 Lot 17, Prospect Industrial Park, FTC $ 13,717.97
P.O. Box 7265
Colorado Springs, CO 80933-7265
19 Marjorie C. Lynch Marital Trust 87202-06-018/R0168777 Lot 18, Prospect Industrial Park, FTC $ 13,702.24
3705 Cumulus View
Colorado Springs, CO 80904
20 Hess Land, LLC 87202-06-013/R0168785 Lot 19, Prospect Industrial Park, FTC $ 13,716.51
1312 Blue Spruce Dr., Unit 6
Fort Collins, CO 80524
Total Assessed to Property Owners In District $ 1,409,610.54
Amount prepaid by to SC Investments and Postle Development Corn an ' $ 928,523.30
Amount to be Reimbursed by Cargill and Timbedine Star Properties Should They Develop $ 180,719.30
Total Cost of Improvements $ 2,518,853.14
1. Lot 1,2, 3, &5 of Timbedine Center were formerly owned by Integrated Equities, Inc., and were listed as such in the original SID Assessment Spreadsheet.
2. Lots 4 and 6-14 of Timbedine Center were formerly owned by Fleischli Enterprises, and were listed as such in the original SID Assessment Spreadsheet.
3. The amounts attributable to Tract numbers 10, 13 and 14 have been prepaid by the property owners who funded the District improvements.
Exhibit C-1
That part of the NE '/ of Section 18, Township7 N, Range 68 W, Larimer County,
Colorado, described as follows: Commencing at a point on the East side of said
Northeast 1/4, from which the Northeast comer of said Section 18 bears N 00'01' E a
distance of 473.5', said point being also on the Southerly right-of-way line of State
Highway No. 14; thence 100.00' along the Southerly right-of-way of said Highway on a
curve to the right having a radius of 10,904 feet and whose chord bears S 89°43'45" W
100.00' to the true point of beginning; said true point of beginning also being the
Westerly line of a 100 foot wide road right of way; thence S 00'01' W 345.50' along the
Westerly line of said right of way; thence 31.42' along a curve to the right having a
radius of 20.00 feet and whose chord bears S 44059' W 28.28 feet to the Northerly right-
of-way line of a 60 foot wide road right of way; thence along said Northerly right of way
line N 89°59' W 245.00 feet; thence continuing along said line 172.61' along a curve to
the left having a radius of 230.00' and whose chord bears S 60°51' W 168.59'; thence
leaving said Northerly right of way line N 12°32157" W 149.62' to the Southeast corner
of that tract of land described in Deed recorded in Book 1536 at Page 969; thence N
00001' E 299.53' feet along the Easterly line of said tract in Book 1536 at Page 969 to
the Southerly right-of-way line of State Highway 14; thence 454.54' along the Southerly
right of way line of said Highway on a curve to the left having a radius of 10,904 feet and
whose chord bears S 88°48'49" E 454.51' to the true point of beginning. Together with a
non-exclusive easement for ingress and egress over and across a 60 foot wide road right
of way, said road right of way being 30' on either side of centerline, described as follows:
Beginning at a point on the East line of said Northeast '/ from which the Northeast
corner of said Section 18 bears N 00'01' E a distance of 878.50', said point being also on
the Easterly right of way line of a 100' wide road right of way; thence N 89°59' W
100.00' to a point on the Westerly right of way line of said 100 foot wide road right of
way and the true point of beginning; thence N 89°59' W 265.00'; thence 150.10' along a
curve to the left having a radius of 200.00' and whose chord bears S 68°31' W 146.60'.
Together with all ditches and ditch rights, water and water rights, reservoirs, and
reservoir rights, belonging and appertaining thereto.
Exhibit C-2
A part of Tract 3 and all of Lot 1, Cache La POudre Industrial Park PUD, City of Fort
Collins, and that portion of Hoffinan Mill road as vacated by Ordinance No. 159, 1998,
recorded October 21, 1998, at Reception No. 98091889, described as follows:
Considering the West line of the Southwest Quarter of Section 17, Township 7 North,
Range 68 West of the 6' P.M.,, as bearing North 00°09'21" East as determined by
monuments found at the Southwest corner of Section 17 and the West Quarter comer of
said section 17, and with all bearing contained herein relative thereto.
Beginning at the Southwest corner of Tract 3, Cache La Poudre Industrial Park PUD,
City of Fort Collins, Latimer County, Colorado; thence along the West line of said Tract
3 North 00°09'21" East 1650.59';
thence departing from said line S 89°50'39"W 557.6l';
Thence S 00°09'21" W 305.44';
Thence S 88°57'32" E 441.6l';
Thence S 23'18'20"W 508.74';
Thence S 62°51'14" E 133.73';
Thence S 05°58'36" W 774.27';
Thence N 89°20'09" W 271.88';
Thence S 00°39'51" W 447.03' to a point on the South line of said Tract 31 thence along
said line N 89°20'09"W 567.54' to the beginning, County of Larimer, State of Colorado.
Together with all right, title, and interest of grantor in all water and lake rights associated
with property.
Exhibit C-3
A part of Tract 1, Cache La Poudre Industrial park PUD, City of Fort Collins, Recorded
November 7, 1985, at Reception No. 85057278 in the office of the Larimer County Clerk
and Recorder, being located in the City of Fort Collins, County of Larimer, State of
Colorado; and being more particularly described as follows:
Considering the East line of the Southeast quarter of Section 18, Township 7 N, Range
68 W, of the 6' P.M., as bearing N 00°09'21" E, as shown on said plat of Cache La
Poudre Industrial Park PUD and as determined by monuments found at the Southeast
corner of said Section 18 and the East '/4 corner of said Section 18 and with all bearings
contained herein relative thereto.
Commencing at the Southeast corner of Tract 1, Cache La Poudre Industrial Park PUD,
City of Fort Collins, Larimer County, Colorado; Thence along the South line of said
Tra
ct 1 S 89 13 10" W 23.27 to the true point of beginning; thence cont
inuing along
said line S 89°13'10" W 105.67'; thence S 89°17'27" W 455.27'; thence along the
westerly line of said Tract 1 N 18°05'15" W 420.88'; thence departing from said
westerly line N 72°48'31" E 348.27'; thence S 82°32'19" E 363.15' to a point 23.27'
west of the east line of said tract 1, said point also being 23.27' west of the west right of
way line of Timberline Road; thence along a line 23.27' west of and parallel with the east
line of said Tract 1 S 00°09'21" W 448.79' to the true point of beginning.
Said described land contains 6.761 acres more or less and is subject to any terms,
agreements, provisions, conditions, or obligations, rights of way, or easements of record
or as now exist on the ground.
Basis of Bearings
Considering the West line of the Southwest '/< of Section 17, Township 7 N, Range 68 W,
of the 6°i P.M. as bearing N 00°09'21" E as shown on said plat of Cache La Poudre
Industrial Park PUD, and as determined by monuments found at the southwest corner of
section 17 and the west '/4 corner of said section 17, and with all bearings contained
herein and relative thereto.
Exhibit C-4
Lot One of Centerpoint Plaza, Fort Collins, Except the following described portion of Lot
1, Centerpoint Plaza,: Begin at the Northeast Corner of said Lot One and run thence
along the East line of said Lot One S 00°22'00" W 126.00'; thence N 89°38'00" W
131.97'; thence S 00°22'00"W 42.00'; thence N 89°38'00"W 110.50' to the West line of
said Lot One; thence along said West Line N 00°22'00" E 143.00', and again along the
arc of a 25.00' radius curve to the right a distance of 39.27', the long chord of which
bears N 45°22'00" E 35.36' to the North line of said Lot One, thence along said North
line S 89°38'00" E 217.47' to the point of beginning.
County of Larimer,
State of Colorado.
Exhibit D
REVISED NOTICE
To: The property owners in the Timberline Prospect Special Improvement District
No. 94, (the "District'), and all persons generally interested in the completion and
acceptance of the improvements in the District, (the "Improvements"), the total
cost thereof, the portion thereof to be paid by the City of Fort Collins, Colorado,
(the "City"), the assessments to be made on property within the District to pay the
cost of the Improvements, and the date of hearing on any objections or complaints
that may be made in writing by the owners of such property.
Notice is hereby given to the owners of all property to be assessed in the District, and to
all persons generally interested in the matter that the Improvements in the District have
been completed and accepted by the City.
Notice is further given that the total cost of the District, including final construction
costs, engineering and construction management costs, publication costs and any other
incidental costs is $2,338,134.00. No portion of said cost is to be paid by the City. The
total portion of the District cost to be assessed to properties within the District is
$1,409,610.54. The assessment roll showing the principal amount to be assessed to each
property within the District is on file in the office of the City Clerk and can be seen and
examined at any time during normal business hours. Any complaints or objections which
may be made in writing by such owner or owners to the City Council of the City of Fort
Collins, the Council, and filed in the Office of the City Clerk within thirty(30) days from
the publication of this notice, will be heard and determined by the Council before the
passage of any ordinance assessing the costs of the District; and that on November 6,
2007, at the how of 6:00 P.M. or as soon thereafter as the matter may come on for
hearing in the Council chambers of the Municipal Building, City of Fort Collins,
Colorado, the Council will hear such complaints and objections and determine the same
and act upon an ordinance assessing the total cost of the District to be assessed.
Dated at Fort Collins, Colorado, this 2nd day of October, 22007.
By. A,,f / /fit 5
Chief Deputy City Clerk