HomeMy WebLinkAbout006 - 02/04/1986 - RELATING TO THE CREATION AND ORGANIZATION OF THE SOUTH LEMAY SPECIAL IMPROVEMENT DISTRICT NO. 86 ORDINANCE NO. 6 ,1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE
CREATION AND ORGANIZATION OF THE SOUTH LEMAY SPECIAL IMPROVEMENT
DISTRICT NO. 86 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS
THEREIN.
WHEREAS, heretofore the necessary proceedings were initiated
to create the South Lemay Special Improvement District No . 86 ( the
"District" ) for the purpose of installing the following improve-
ments, to wit: street, curb, gutter and sidewalk, street light-
ing, landscaped medians and streetscaping, water, sanitary sewer ,
bridge and storm drainage 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
said Improvements in said District by the acceptance of Petitions
of the property owners in said District and the adoption of
Resolution No . 86- 9 relating thereto on the 21st day of
January, 1986, and Resolution No . 86- 10 on the 21st day of
January, 1986, 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 owners in said District ( the
"Petitioners" ) have expressly waived , in writing, notice and other
provisions to which they would otherwise be entitled pursuant 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 the manage-
ment 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 create said 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—' mprovement 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
Petitioners regarding said District, to be known as the South
Lemay Special Improvement District No . 86, 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
Districtt s all consist generally of street , curb, gutter and
sidewalk, water, street lighting, landscaped medians and street-
scapes , sanitary sewer, bridge and storm drainage improvements
( the " Improvements" ) as more fully described in the Engineering
Report for the District and Resolution 86- 9 on file with the
City Clerk and incorporated herein by reference.
Section 3. That the estimated total cost of the Improvements
in the D— is^trict, including without limitation , the cost of acquir-
ing, planning, engineering, and constructing the Improvements ( but
excluding legal and advertising costs, interest during construc-
tion and until assessments are made by ordinance against the
properties benefited, financing and other costs to the District) ,
as shown by the estimate of probable total cost , as made by the
Director of Public Works, is $ 2, 772, 340.
Section 4. That the estimated amount or proportion of the
total probe cost of the Improvements to be paid by the City at
large and not by assessments against property in the District is
759,095. The foregoing and the obligations of the City set forth
in the District Agreement among the City and the Property Owners
constitute the maximum obligation of the City, notwithstanding
that costs might exceed estimates heretofore submitted , unless
appropriation is made therefor.
That the following amount or proportion of the total probable
cost of the Improvements shall be paid by the Fort Collins-
Loveland Water District and not by assessments against property in
the District, to wit: the amount of $ 319,941 representing a
portion of the cost of construction of a 20-inch water line in the
District.
-2-
The balance of the total actual cost in the District
( estimated to be $ 1 ,693,304) , upon the completion of the
Improvements , shall be apportioned in an assessment roll against
each tract , or parcel of land to be assessed in a manner
consistent with this ordinance and Section 16-27. 1 of the City
Code pertaining to reallocation of assessments, 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 properties
benefited, financing, and other incidental costs to the District.
Assessments shall be levied by an assessing ordinance . Such
assessments shall be a lien until paid in the several amounts
assessed against each tract , or parcel of land . The cost of
acquiring, constructing, or otherwise installing the Improvements
in the District, together with all costs incurred in formation and
financing of the District , shall be assessed against those lots ,
tracts, or parcels of land owned by the Petitioners and in the
manner set forth in the Petitions for the District on file with
the City Clerk. The total of all aggregated assessments shall be
sufficient to cover the portion of the total cost of the
Improvements to be defrayed by special assessments .
Section 5. 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
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 such 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 such 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 6. 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
regarding 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 7. 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 construction
of the District , and to provide in said agreements the rights and
responsibilities of the Petitioners and the City relative to said
District.
Section 8. When the Improvements herein authorized have been
completed and the same approved and accepted by the City, the
costs as set forth in Section 4 above shall be assessed upon the
real property in said District, all as set forth in the Petitions
and Resolution 86- 9 for the District on file with the City
Clerk.
Section 9. This Ordinance shall be irrepealable until the
indebte Hess erein 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 21st DAY OF January , A.D. , 1986, AND TO
BE PRESENTED FOR FINAL PASSAGE ON THE 4th AY OF February
A.D. , 1986. /
Mayor
ATTEST:
- r
City C �2L
Passed and adopted on final reading by the General Council of
the City of Fort Collins this 4th day of February
A.D. , 1986.
Mayor
ATTEST:
t
City Clerk
EXHIBIT "A"
f.1:GAL DE SCRIVTION OF DISTRICT BOUNDARIES
P' „lust. `• of nur,ck Colorado Properties, Ltd ,
Description :
A tra,r1, of land located in a part of Section 13 , Township 6
NnrI h , Panic 69 West of the Sixth Principal Meridian , Larimor
County, CI) Ioradh,, being more particularly described as Collwos :
(',ul ; idcrirng CI e WesC line. oC the Northwest quarter of said
6c'A 11111 1 .1 a•; hearinq North 00003'30" West and with all bearing;
c01-110Mod het ,• in relative thereto; commencing at the West quarter
170f11-11 n ( :; nirl ;;ection 13 , South 09040 ' 47 " East 50.00 feet to a
point nn Iha East- right.-oC-way of U.S. Route 207 said point heinq
the I ruc point of hegi till ing ; thence South 09°40 ' 47 " [last 152 . 31
feet t ,, a point heinq the approximate high water line of Robert
Iterrr,,rn kako (;Ilse known an Fairport Reservoir) ; thence around the
Nr, rIIt end of Lhe lake along the following courses : NortIt
o l "u 1 "r 'r " ur„ 1 95 . 00 feet ; North 16010 ' 43 " EasL 1613 . 60 feet ;
I;asL I10 . _30 feet ; North 32040 ' 13 " East 26 ,1 . 91
f r: i• 1 1 h • n ,• IlnrI It `W'07 ' 45 " East 07 . 92 feet ; South 070S7. ' •14 "
E t:; I- n ,' I r•1 North 76049 '39" East d0.27 feet; South 700OG14l "
I: n •; l. 1u . n i I • ,� I ; North 70000 ' 41 " East 114 . 03 feet ; So" LIt
r a n I 1 17 . 211 fccL ; :ouch 47050 '03 " East 143 .01 1 c c V ;
1:itsL 140 .03 ; South 73053 ' 42 " East 147 , 00 feet ;
rosI: 04 . 1 5 f eeL South 43005'27" [last 42 .45 Ccc•t ;
Eo :; L 35 . 00 fret ; Soul: h 35019 ' OG " Past 273 . 30
f,•,•I l;r,rll. lr ?•;," 1I ' .IJ" Eart 40.09 feet; thence departing said lake
I " the IN) rLIt line of the SouChwest quarter ac;
0,, 1 Icy docds of I ecord and usacle , South 09°40 ' 47 " East
1 l '; , ,, .I I • I I hcn(:e North 33053 '00 " West 051 . 75 fact ; thence
0„ 11II n0 "n ', ' nn " East. 323 . 60 feeL ; thence South 72057100 " East
-1 (. ; . ,' u f -- I ; I h,• uco 7fouth 69014 ' 00 " East 161 . 12 CecC ; thence
to " EiistC. 326 .74 feet ; thence North 06029 ' 00" East
:,r1 . .'r1 I .•,•l In a poinL ()it the West line of the Northwest quarter
al cI i „n 13 a:; de Le r tit ined 11y deed, of record and usage ;
th,• nrr• al ,, ui :: aid W,•:; t. line North 00°2. 6 ' 32, " West- 745 . 29 feet ;
Lh,• nr 7{nnl 11 n7 "' G 'OII " EauL 600 ,00 feet ; thence North 00003 ' 52 "
I: 1 ,: 0 • ,1 / I I. hence, Not 00021 '00 " West 530 .9E feet to a
I,oin1. "n Ili,[ r miltr• rly righl:-of--way of a County Road and 30 feet
N Sul h " I 1 h„ 11"i t h line of: the NorthwesL quarter of said SsecL ion
1 1 ; 1 h, n-- aI "nq I hr• said Southerly ri (Iht-of-way and parallel Lo
the •;,, I I I),rr 1 11 !;,•, t ion line South 00012 '25" East 2074 .65 feet Lo
a I,•, in ! nn I It,, Wo!;Iet ly right-of. - way of a County (toad and 30 feet.
W "', t r, I I. It- I:,r •: I. 1 in,• of said Section 13 ; thence along Lhe said
W-st.,• t ly r igh1 -�„ I. -way and parallel Co the said East section line
Smit 1, 00o10 ' 2V' Wcsl: 522. 3 .60 feet to a point on the Northerly
t igllt - of - wa •; „ f a (:aunty Road and 30 CeeC North of the South 1 ine
of the Onu1. Iwo !; [. rlunrlet: of said Section 13 ; thence along Lhe
said Not Llwt ly right --of. - way and parallel to the said South
Sect- ion Zinc , llotIh U902.9 '05" West 2639.22 rout to a point on Lhe
East ling of "Victor In Entates Subdivision"; thence alone the
said East line and Lhe extension thereof North 00002 - 47 " Wrist
1411 . 0o frr• I ; thence South 03042113 " West 615. 00 feet ; thence
N„ iIll II 1 47 " Wcst 300 .00 feeC ; thence North 62002 ' 47 " West
•100 . 00 J r'! Lhrncr: Norl.h 09032 ' 47 " West 544 .00 fceL ; thuncu
N-I t h l l" tJ '•11 " W,tr:L 0.17.43 reel: to a poin on the Easterly right-
of - vny , ( I'. !;. !touts! 2117 ; thence along the said Easterly right -
of lny ilotl li 00 "07 ' 21 " East 735. 43 feet to the True Point: of
Ur') i Jill I rl'i consisting of approximately 407 . 4 acres more or less .
'I'vycthcr wi.Lh :
Donald II . McKendry ,
Uescripl- Ion :
T11.11. port. lon of NorLhweol: Quarter of Section 10 Township 6
until, Hand,: GO Wert of the 6Lh Principal Meridian, Larimer
County, CoIorado . NeinU more particularly described as follows :
nc,linnin,l at Lhe Northwest corner of said Section 10; thence
rinr Ill 1 inr of said Northwest corner North 09006 ' 56 " EaSt
1717 . 1 / f ,•,• l. ; t: hencr South 0005 .3 '04 " Last 1061 . 16 feet ; thence
snnl. li n 'r "n 6 ' ; 6 " We:, t: 294 . 50 reef ; thence North 65000 '00 " West
Lo a poinL on a curve concave to the Wert having a
r, nl r ,rl •u, llr of o6u10100", a radius of 2. 00 .00 feet ; thence
::i,nl le• r ly Ilnn,l Lhe arc of said curve 22 .G9 feet; thence Lanrlent
( ram ;,iil nr: t Shutlr 11030,00" WeSL 655.23 feet to the beginning
nl ,� I ,inl-nr rnrvr: concave to Lhe l:aat having a central angle of
II " I'I 'On " ,i r:nliur of 200.00 feeC ; Lhence Southerly along thr. arc
, l ., il nr • 1 I11 , 411 fceL ; thence tangent. from said curvy. South
:111 . 00 feet to the beginning of a tangent curve
n, .t ;,• I „ Lli I;n:;l- linving a central angle of 17051'00" a radius
of on . On f Lhenr:n Sou Lherly along Lhe arc ' of said curve
F, tl I ,•,• I tli,•or:o I. ancient from said curve South 10000 '00" East
-I , / . ln I ,• • I, to Lhe br:,linnI.nrl or a Langent curve being concave to
l lip: tJ •r1. Ir, vinrl a cen11tal angle of 17051100 " a radius of 200 .00
I •,• I tli •n • ;.,,n t.hcrly along the arc of said curve G2 . 31 fret ;
11wn" ,• I an•I' nL from :;aid curve Sou Ch 00009 ' 00" East 196 .43 feet
I . I I,.• :: n1111 I inr: of !-.aid Nor quarter ; thence along said
;.nnl li 1 ins• :�nuLlt 119"52 ' :19 " iJesC 979 .06 fcot to Lhe West line of
i0 11" 11 011ilI Lr r ; thence along said West line tlorCh
2 '_",0'i.61 fceL to the point of beginning, consisting
or al,lrrcrximatcly 77 . 3 acres more or less.
L I r•r wit lt :
OWNER :
M6P InvcnLment Company, A Colorado General Partnership
Der,cript Ion
:
CmmITWrII: in(y aL the Sou Lhcast corner of Section. 12, Township 6
North , Rongo 69 Wert of the 6th P. M. , said point being the Point
uC nrnlinninfl; thence North 00027'40" West along the South line of
raid 5; oct: ion 12 a distance of 1443 . 94 feet ; thence North
00o00 '00 - 1'.ac:L 2042 .92 feet ; thence South 07033154 " East , 6 56 . 2 5
1 , cj ; i. h,: ncc Sou Lh 117034 *09 " Part , 250 .00 feet ; thence South
0011Uo ' 00 " WcnL , 614J7 feet ; thence North 90000100 " East , 530 .00
CceL l.o a point on the East line of said Section 12; thence South
00000'00" West along the East line of said Section 12 a distance
of 1420 . 50 feet to the Point of Deginning, County of Larimer ,
:;Late of Colorador consisting of approximately 60. 0 acres more or