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HomeMy WebLinkAbout139 - 11/19/1985 - CREATION AND ORGANIZATION OF THE GREENBRIAR SPECIAL IMPROVEMENT DISTRICT NO. 87 ORDINANCE NO. 139 -1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE GREENBRIAR SPECIAL IMPROVEMENT DISTRICT NO. 87 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, the necessary proceedings have been initiated to create the Greenbriar Special Improvement District No . 87 ( the "District" ) for the purpose of installing the following improvements , to wit : street, curb and gutter, sidewalk, street lighting, water line , sanitary sewer line , storm drainage , and landscaping improvements (the " 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 WHEREAS, the Council of the City of Fort Collins ( the "Council" ) began proceedings to acquire , install , and construct the Improvements in the District by the acceptance of a Petition of the property owner in the District and the adoption of Resolution No . 85-211 relating thereto on the 5th day of November, 1985, and Resolution No . 85- 212 on the 5th day of November, 1985; 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 owner in said District ( the "Petitioner" ) has expressly waived , in writing, notice and other provisions to which it would otherwise be entitled pursuant to Chapter 16 of the Code of the City; and WHEREAS, the Petitioner shall enter into agreements with the City concerning the formation of the District and the management of the construction of the Improvements and shall 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 the 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— mp ement district under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the provisions set forth in the agreement between the City and the Petitioner reqardinq the District , to be known as the Greenbriar Special Improvement District No . 87, comprised of the real property described on Exhibit "A" , hereto. Section 2 . That the Improvements to be constructed in the District shall consist generally of street , curb and gutter, street lighting, water line, storm drainage , sanitary sewer line , and landscaping improvements as more fully described in the Engineering Report for the District and Resolution 85- 212 on file with the City Clerk and incorporated herein by reference._ Section 3. The estimated total cost of the Improvements includingout limitation , the cost of planning, constructing, engineering, or otherwise acquirinq the improvements; and excluding legal and advertising costs, interest during construction 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 51 ,673, 828. The estimated amount or proportion of the total cost to be paid by other than special assessments is S254, 303. The foregoinq shall constitute the maximum obligation of the City, notwithstanding that costs might exceed estimates heretofore submitted , unless appropriation is made therefor . The balance of the total cost in the District ( i .e. , estimated at S1 ,4191525) 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. 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 Petitioner, in the manner set forth in the Petition for the District on file with the City Clerk. The total of all aggregated assessments , shall be sufficient to -2- 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 theDistrict is divided into smaller parcels or other property interests , the assessment aqainst 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 oriqinal 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 he 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 and any other interested person; and that the Council further finds that all requirements of the Code of the City reqardinq 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 . Section 6. That the City Manager is authorized to execute agreements on behalf of the City with the Petitioner concerning the formation of said District and the management of construction of the District , and to provide in said agreements the rights and -3- responsibilities of the Petitioner and the Citv 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 abo Te shall be assessed upon the real property in said District , all as set forth in the Petition and Resolution 85-�2_ for t Clerk. he District on file with the City 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 5th DAY OF November , A.D. , 1985, AND TO BE PRESENTED FOR FINAL PASSAGE ON THE 19th DAY OF November , A.D. , 1985. avor ATTEST: Passed and adopted on final reading by the Council of the City of Fort Collins this 19th day of November-�, A. D. , 1985. ayor ATTEST: ' Y �er�„ � -4- EXHIBIT "A" LEGAL DESCRIPTION OF DISTRICT PROPERTY All of the Replat of Greenbriar Subdivision , City of Fort Collins, County of Larimer , State of Colorado, according to the plat thereof_ recorded August 15 , 1985 at Reception Number 85040230 in the records of the Larimer County, Colorado , Clerk and Recorder ' s office , EXCEPTING Tract "A" thereof; and Tracts "O" and "P" of the plat of Green rear Subdivision ( "Greenbriar" ) , City of Fort Collins, County of Larimer, State of Colorado, according to the plat thereof recorded April 2, 1979 in Book 1940 at Paae 283 in the records of the Larimer County, Colorado , Clerk and Recorder 's office; and also that part of Willox Lane right-of-way dedicated on the Replat of Sandcreek Village P.U.D. , City of Fort Collins, Colorado and on the plat of Greenbriar from Bramblebush Street to Redwood Street , according to the recorded plat thereof; all of the above property being more particularly described as follows : A tract of land situate in the North 1/2 of the North- east 1/4 of Section 1 , Township 7 North , Range 69 West of the 6th P.M. , City of Fort Collins, County of Larimer, State of Colorado which considering the North line of the said Northeast 1/4 as bearing S 890 56 ' 14" F, and with all hearings contained herein relative thereto is contained within the boundary lines which begin at a point on the East line of the said Northeast 1/4 which hears S 000 04 ' 13" F 190.00 feet from the Northeast corner of said Section 1 and runs thence S 00' 04 ' 13" E 1124 . 24 feet to the Southeast corner of the said North 1/2; thence N 89° 50 ' 18" W 2599 .75 feet along the South line of said North 1/2 to the Southwest corner of Tract "P" , Greenbriar Subdivision , City of Fort Collins , County of Larimer, State of Colorado, thence N 00° 00 ' 23" W 1309 .75 feet to a point on the North line of the said Northeast 1/4 ; thence S 89° 56 ' 14" F 99. 04 feet; thence along the Northeasterly line of Willox Lane along the arc of a 355. 89 foot radius curve to the right a distance of 308 .92 feet, the long chord of which bears S 51° 27 ' 01 " E 299. 31 feet and again S 26° 35 ' E 413 . 56 feet; thence along the arc of a 15 .00 foot radius curve to the left a distance of 23. 56 feet, the long chord of which bears S 710 35 ' E 21 . 21 feet; thence N 63° 25 ' E 46.85 feet; thence along the arc of a 677. 21 foot radius curve to the left a distance of 357. 54 feet , the lonq chord of which bears N 48' 17 ' 30" E 353 .40 feet, thence along the arc of a 430.00 foot radius curve to the right a distance of 277.43 feet, the long chord of which bears N 51° 39 ' E 272.64 feet; thence N 16° 00 ' 40" W 142. 28 feet to a point on the North line of the said Northeast 1/4 ; thence S 890 56 ' 14" E 1284. 57 feet alonq the said North line; thence S 47" 26 ' 45" E 162.90 feet; thence S 570 23 ' 50" E 148.66 feet; thence S 890 56 ' 14" E 50.00 feet to the point of beginning, excepting therefrom Tract "A" of the Replat of Greenbriar Subdivision , City of Fort Collins , County of. Larimer, State of Colorado, according to the recorded Plat thereof, and containing an area of 49 .0529 acres more or less .