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HomeMy WebLinkAbout037 - 03/18/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT NO. 79 ORDINANCE NO. 37 , 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS , COLORADO BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN THE FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT, NO. 79 IN THE CITY OF FORT COLLINS , COLORADO AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS , on October 18 , 1983 , the City Council ( the " Council" ) of the City of Fort Collins , Colorado ( the " City" ) passed and adopted on final reading Ordinance No . 130 , 1983 of the City, being an ordinance ( the " Creation Ordinance" ) creating the Fairbrooke Special Improvement District ( the "District" ) for the purpose of acquiring , constructing and installing certain street , waterline , sanitary sewer line and storm drainage improvements in the City, all pursuant to Chapter 16 of the Code of the City; and WHEREAS , pursuant to the Creation Ordinance and the District Engineering Report on file with the City Clerk of the City , the District improvements have been fully acquired , constructed and installed ; and WHEREAS , on January 21 , 1986 , the Council adopted Resolution No. 86-7 , accepting the District improvements , receiving and accepting the Statement of Cost of District Improvements and the District Assessment Roll prepared by the Director of Finance for the City and ordering notice of the proposed assessments to be published as provided in §16-18 of the Code of the City; and WHEREAS , said notice was duly published as provided in Resolution No. 86-7 and the date of March 4 , 1986 was set for the hearing of complaints or objections to the proposed District assessment roll ; and WHEREAS , on March 4 , 1986 , the Council held a public hearing for the purpose of hearing and determining any complaints or objections made in writing by any owner of property to be assessed for District improvements , which complaint or objection was filed in the office of the City Clerk within thirty ( 30 ) days from the publication of the notice of the proposed assessments ; and WHEREAS , all complaints or objections duly made and filed by such property owners to the Council have been heard and considered by the Council . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1 . That the total cost of the District improvements , including the cost of construction , engineering , acquisition of existing improvements and rights-of-way, interest accruing on bonds issued to pay the cost of improvements up to the date when such cost will be assessed , legal fees , publication , administration , financing and other incidentals incurred in connection with the improvements (but excluding the 28 cost of collection which will be added to each annual assessment by the County Treasurer at the time such assessment is due ) is $1 ,496 ,867 . The amount or proportion of the total cost of District improvements to be paid by other than special assessments is $216 , 867 . The balance of the total cost in the District , $ 1 ,280 ,000 , is hereby assessed upon the real property in the District in accordance with the District Assessment Roll heretofore accepted by the City Council and the provisions of Chapter 16 of the Code of the City. The proportion of the total District cost to be assessed upon each lot or tract of land in the District shall be as set forth on Exhibit A attached hereto and incorporated herein by reference . Section 2 . All assessments made herein shall be due and payable within thirty ( 30 ) days after the final publication of this ordinance , without demand , provided that all such assessments may , at the election of the owners of the property assessed , be paid in 7 equal principal installments , the first installment estimated to be due on the 1st day of October , 1987 , and on the 1st day of October of each year thereafter until the full amount thereof has been paid , together with interest on the unpaid principal at the rate of 10.73343 percent (10.7334341per annum, said interest to be payable at the time of the principal payments. Section 3 . In the case of such election to pay in installments as set forth herein , the failure to pay any installment , whether of principal or interest , when due shall cause the entire remaining principal balance and accrued interest thereon to become due and collectible immediately and the entire remaining principal balance and accrued interest thereon shall thereafter draw interest at the rate of one percent ( 18) per month or fraction of a month until the day of sale of the property as provided in Chapter 16 of the City Code. At any time prior to the day of sale , the owner may pay the amount of all unpaid installments with interest at one percent ( 18 ) per month or fraction thereof and all penalties accrued and shall be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. - 2 - Section 4 . All assessments made herein , together with all interest thereon and penalties for default in payment thereof , shall be a lien in the several amounts assessed against each property from the date of the publication of the assessing ordinance and shall be a first and prior lien over all other liens except general taxes in the same manner as general taxes now provided by law. Section 5 . All complaints or objections duly made in writing and filed with the City as provided in Chapter 16 of the City Code have been heard and considered by the Council and the Council hereby finds and determines that the assessments made herein are equitable and proper . Section 6 . All actions , legal or equitable , for relief against the assessments made herein , whether based upon irregularities, jurisdictional defects or other grounds , shall be commenced within thirty ( 30) days after the final passage of this ordinance or else be thereafter perpetually barred. Section 7 . All action ( not inconsistent with the provisions of this ordinance) heretofore taken by the City or its officers directed toward the acceptance of District Improvements , the presentation and filing of the Statement of District Costs and the District Assessment Roll , and the ordering of Notice to property owners to be assessed and to persons interested generally is hereby ratified , approved and confirmed. Introduced , considered favorably on first reading , and ordered published this 4th day of March , 198 6 , and to be presented for final passage on the _L8th day of TWarch , 1986 Mayor ATTEST: City' Clerk' 3 - Passed and adopted on second reading this 18th day of March 198 6 Mayor Iz ATTEST: � IA 1p City Clerk 4 - S ✓ O. ✓O ✓ i f t ✓ ^^ m N N F � c .y Qr Oo QMmmmM N `o � .- v v w � O m m m y u v� mi J w w w G G G U U V w a ✓ ✓ ✓ .^i a E EO w w w v ✓ y y O O T T T v v E E m m m N N w m EE pEp U 5 w > > > 0 Y ✓ ✓ ✓ m m Y G Y lG+ y O E L L t a✓ w v w ✓ y ✓ o a 5 z . hkc°,o Y Y Y w Y Y Y w ✓ � Z y N 0 .] N N N C c C G 3 m m m 0 .1 U w a Y F °o w as mm aw � w am •w * o * o * � ww � ✓ a quo m w f ogo w i V V i V ow Ow Ow 0 c 0 ✓ O ✓ O ` W 3 V •• pL C ✓ C✓ OXy� E ✓ gym E ✓ m E ✓ V T O Y v aw aw av� ✓ ✓ w O o > o ✓ 0 ✓ O um w Co vYa vYn ,p ✓ J > EL > Etx gE.•• X 41 Y Vwi G a 0 C ✓ m i m ✓ m . 0 wQi •✓.� Q.� ✓ > > C Oo aO m Q m N Om O'O U > O O N w J J N � TL y TL N T21 � 1w.w ° u u - c ✓.� c ✓.., G ✓..� O •� O ✓ F+ G G C C Y G C Y C C Y alcE .i ON .+ Om .. 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DESCRIPTION OF TRACT A FAIP-DROOKE SPECIAL_ IMPROVEMENT DISTRICT That part of the Fai. r-brooke Special Improvement Distrrct, situate in the Northwest Quarter of Section 21 , Township 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer , State of Colorado, more particularly described as follows: Considering the North line of said Northwest Quarter of said Section 21 an bearing North--88-46' -03"--West and with all bearings contained herein relative thereto; commencing at the North Guar-ter corner of said Section 21 ; thence North-88--46' -03"-West along said North line 1291 . 70 feet to the Westerly boundary of said Fairbrooke Special Improvement District; thence South-00-07' -10"West along said Westerly boundary 50. 01 feet to a point on the Southerly right--of-way of Prospect Street, said point also being the TRUE POINT OF BEGINNING; thence leaving said Westerly boundary South-88-46' -03"-East along said Southerly right-of-way 794. 54 feet to a point of curvature of a curve concave to the Southwest having a central angle of 90-00' --00" , a radius of 20. 00 feet and a chord which bears South-43-467 --04"-East7 28. 2e feet; thence Southeasterly along the arc of said curve 31 . 42 feet to a point of tangency; said point being on the Westerly right-of-way of Cedarwood Drive; thence along said Westerly right-of-way the following three (3) courses and distances; 1 . ) Sout.h-01-13' -56"-West. 90. 00 feet to a point of curvature of a curve concave to the Fast having a central angle of 50-00' --00" , a radius of 267. 00 feet and a chord which bears South--23--46' -04"-East, 225. 68 feet; 2. ) Southerly along the arc of said curve 273. 00 feet to a point of tangency; 3. ) South--48-45' -04"-East , 90. 31 feet to a point of curvature of a curve concave to the West having a central angle of 90-00' -00" , a radius of 13. 00 feet and a chord which bears South-03-46' -04"-East, 21 .21 fee;.:; thence Southerly along the arc of said curve 23. 56 feet to a point of tangency; said point being on the Westerly right-of-way of Somerville Drive; thence along said Westerly right-of-way the following five (5) courses and distances; 1 . ) South-41-13' -56"-West 105. 10 feet to a point of curvature of a curve concave to the Northwest having a central angle of 23-53' -14" , a radius of 213. 00 and a chord which bears South-53-10' -33"-West 88. 16 feet; 2. ) Southwesterly along the arc of said curve 88. 80 feet to a point of tangency; _. ) South-65-07' -10"--West 200. 00 feet to a point of curv .tur-e of a curve concave to the Southeast having a central angle of 63--00' -00" , a radius of 267. 00 feet and a chord which bears South--32--37' -10"-West 286. 92 feet; 4. ) Southwesterly along the arc of said curve 302. 90 feet to a point of tangency; 5. ) South-00--07' -10"-West 3+09. 48 feet to the Northerly boundary of Aspen Heights P. U. D. to the City of Fort Collins, Colorado; thence North-88--46' -41 "-West along said Northerly boundary 490. 00 feet to said Westerly boundary of said Fairbrook:e S. I . D. ; thence North--00-07' -10"-East along said Westerly boundary 1182. 73 feet more or less to the TRUE POINT OF BEGINNING. The above tract of land contains 18^ 6O acres more or less and subject to all existing rights-of-way and easements of record. EXHIBIT "B" LEGAL DESCRIPTION OF TRACT D FAIRBP.00KE SPECIAL IMPROVEMENT DISTRICT That part of the Fairbrooke Special improvement District , situate in the North half of Section 21 , Township 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, more part:.icularly described as follows; Considering the North line of the Northeast Quarter of said Section as bearing South--88--46' -03"-Fast and with all bearings contained herein relative thereto; commencing at the North Quarter corner of said Section 21. ; thence South-83-46' -03"-East. along said North line 399. 49 feet to the blest line of that certain parcel of land as described in deed recorded in Book 1292, Page 532 of the records of said Larimer- County; thence South-01-13' -57"--West along said West line 50- 00 feet to a point on the Southerly right-of-way of Prospect Street ; said point also being the TRUE POINT OF BEGINNING; thence continuing South--01-13' -57"-West along said West line 430. 00 feet; thence leaving said West line South-01-13' -57"-West 56. 87 feet; thence South-60-13' -57"-West 365.30 feet to the Easterly right-of-way of Cedarwood Drive; thence along said Easterly right-of-way the following five (5) courses and distances; 1 . ) North--29-30' -20"--West 43. 16 feet to a point of curvature of a curve concave to the Southwest having a central angle of 19-15' -44" , a radius of 427. 00 feet and a chord which bears North-39-08' -12"-West 142. 98 feet; 2. ) Northwesterly along the arc of said curve 143. 55 feet_ to a point of tangency; .3. ) North-48-46' -04"-West 413. 66 feet to .a point of curvature of a curve concave to the East having a central angle of 50-007 -00" a radius of 213. 00 feet and a chord which bears North-23-46' -04"-West 190. 04 feet; 4. ) Northwesterly along the arc of said curve 18S. 88 feet to a point of tangency; 5. ) north--01-13' -56"--East 90. 00 feet to a point of curvature of a curie concave to the Southeast having a central angle of 90-00' -01 " a radius of 20. 00 feet and a chord which bears North-46-13' -57"-East 28. 29 feat; thence Northeasterly along the arc of said curve 31 . 42 feet to a point of tangency located on said Southerly right-of-way of Prospect Street; thence South-88-46' -03"-Ea5t along said Southerly right-of--clay 800. 70 feet more or less to the TRUE POINT OF PEG'INNING. The above tract of land contains 8. 99 acres more or less and is subject to all existing rights-of-way and easements of record. EXHIBIT "C" LEGAL DESCRIPTION OF TRACT F FAIRBROOKE SPECIAL IMPROVEMENT DISTRICT That part of the Fairbrooke Special Improvement District situate in the Northeast Quarter of Section 21 , Township 7 North, Range 69 West of the 6th Principal Meridian, in the City of Fort Collins, County of L..arimer, State of Colorado, more particularly described as follows- Considering the North line of the Northeast Quarter of said Section 21 as hearing South-88--46' -03"-East and with all bearings contained herein relative thereto; commencing at the North Quarter corner of =..:-arid Section 21 ; thence South--88-40 -03"-East along said North line 392. 48 feet to the West line of that certain parcel of land as described in deed recorded in Book 1282, Page 532 of the records of said Larimer County; thence South-01-13' -57"-West along said West line 480. 00 to the Southwest corner of said parcel ; said corner also being the TRUE POINT OF BEGINNING; thence South-88-46' -03"-East along the South line of said parcel 804. 00 feet to the Southeast corner of said parcel ; thence North-01-13' -57"-East along the East line of said parcel 4:30. 00 feet to the Southerly right-of--way of Prospect Street; thence leaving said East line of said parcel South-88-46' --03"-East along said Southerly right-of-way 10. 00 feet to a point of curvature of a curve concave to the Southwest having a central angle of 90-001 -00" , a radius of 20. 00 feet and a chord which bears South-43-46' -03"-East 20. 28 feet; thence Southeasterly along the arc of said curve 31 . 42 feet to a point of tangency located on the Westerly right-of-way of Hampshire Road; thence along said Westerly right-of--way the following four (4) courses and distances; 1 . ) South-01-13' -57"-West 349. 56 feet to a point of curvature of a curve concave to the West having a central angle of a radius of 376. 00 feet and a chord which bears South-12-04' -26"-West 141 . 44; 2. ) Southwesterly along the arc_ of said curve 142. 29 feet to a point of tangency: 3. ) South-22--54' -55"-West 150. 00 feet to a point of curvature of a curve concave to the East having a central angle of 21-34' --55" , a radius of 444. 00 feet and a chord which bears South-12-07' -28"-West 166. 26 feet ; 4. ) Southwesterly along the arc of said curve 167. 24 feet to a point of reverse curvature of a curve concave to the Northwest having a central angle of 84-45' --00" , a radius of 15. 00 feet and a chord which bears South-43-42' --30"-West 20.22 feet; thence Southwesterly along the arc of said curve 22. 19 feet to a point of tangency Located on the Northerly right-of-way of Cedarwood Drive; thence along said Northerly right-of-way for the following five 13) courses and distances; 1 . ) South--86--05' -00"-West 208. 20 feet to a point of curvature of a curve concave to the South having a central angle. of 03-44' -19" , a radius of 2027. 00 feet and a chord which bears South-84-12' --51 "-West 132. 24 feet; 2. ) Southwesterly along the Arc of said curve 132. 26 feet to a point of tangency; 3. ) South--82-20' -41 "-West 276. 38 feet to a point of curvature of a curve concave to the Northeast having a central angle of 68-08' -59" , a radius of 370. 00 feet and a chord which bears North-63-34' -49"-West 417. 97 feat; 4. ) Northwesterly along the arc of said curve 443. 66 feet to a point of tangency; 5. ) North-29-30" -20"-blest 58. 98 feet; thence North-60--13" --57"--East 365. 30 feet; thence North-01-13" --57"-East 56. 87 feet more or less to the TRUE POINT OF BEGINNING. The above tract of land contains 9. 72 acres more or less and is subject to al .t existing rights-of-way and easements of records. EXHIBIT "D" TFtr=d�l G - FAIRBROUKE SPECIAL IMPROVEMENT DISTRICT That part of the Fairbrooke Special Improvement ,12istrict, situate in Section 21 , Township 7 North, Range 69 West, of the Sth Principal Meridian in the City of Fort Collins, County of Larimer , State of Colorado, more particularly described an follows: Considering the North line of said Section 21 ass bearing NorthO[0-46' -03"West and with all bearings contained herein relative thereto; commencing at the Northeast corner of said Section 21 ; thence along said North Line of said Section 21 North%-46' -03"blest, 1.076. 02 feet: to the centerline of Hampshire Road; thence Southn1--13" -57"blest7 along said centerline 70. 00 feet; thence leaving maid centerline :;c:n-rthHB-46' --03"East , 3.4. 00 feet to a point on the Easterly Fight--o-F-Way of said Hampshire Road, said point bring a point:. on a. curve concave to the Southeast , having a central anylo of a radius of 20. 00 feet, and a long chord which bears North46-13' -'57"Gast, 20. 2E feet; said point also being the TRUE POINT OF DFGINHINO; thence leaving said Easterly Right-of--Way, Morthna'sterly along the arc of said curve 31 . 42 feet to the Southerly Right--of--Way of Prospect Street; thence SoulhUB-46' --03"East ;_,long said Southerly Right-of-Way 511 . 71 feet ; thence leaving said Southerly Right--of-Way South0l-13' -37"blest , 155. 00 feet; thence `-;outh33-39' -18"East, 88. 99 feet; thence NurthnR-46' --OS"West , 506. 05 feet to a point on said Easterly Right--of-W_:y of Hampshire Road, said point being a point on a curve conc.,ve to the blest having a central angle of 04-43' -48" , a radius of 444. 00 feet. , and a long chord which bears Nor..thO3-35' -51 "East, 56. 64 feet ; thence along maid Easterly Right--of-Way, the following two (2) courses and distances; 1 . ) Northerly along the arc of said curve 34. 65 feet to a point of tangency; 2. ) North0l-13' -57"East , 349. 56 feet more or less to the TRUE POINT OF BEGINNING. The above tract of land contains 3. 00 acres more or less and is subject to all existing Riyhts-of-Way and easements of record. EXHIBIT "E" LEGAL DESCRIPTION TRACT H - FAIRBP.00KE SPECIAL IMPROVEMENT DISTRICT That part of the Fairbrooke Special Improvement District, situate in Section 21 , Township 7 North, Range 69 West of the 6th Principal Meridian, in the. City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: Considering the North line of said Section 21 as bearing North%-46' -03"West and with all bearings contained herein relative thereto: commencing at the Northeast corner of said Section 21 ; thence along said North line of said Section 21 North%-46' -03"West , 1376. 02 feet to the centerline of Hampshire Road; thence South0l-13' -57"West, along said centerline 419. 56 feet; thence leaving said centerline South%-46' -0=."East, 34.00 feet to a point on the Easterly Right-of-Way of said Hampshire Road; said point being a point of curvature of a curve concave to the West, having a . central angle of 04-43' --48" , a radius of 444. 00 feet, and a chord which bears South03-35' -51 "West, 36. 64 feet.; thence Southerly along the arc of said curve 36. 65 feet, to the TRUE POINT OF BEGINNING; thE:nr_e leaving said Easterly Right-of-Way, South%-46' -03"East, 86. 65 feet; thence South35-39' -38"East, 552. 96 feet to a point on a curve concave to the Northwest having a central angle of 29-40' -46" , a radius of 475. 00 feet and a chord which bears South6l-02' -23"West, 240. 31 feet; thence Westerly along the arc of said curve, 246. 05 feet to a non--tangent point on the Southerly line of said Fairbrooke Special Improvement District; thence along the Southerly line of said Fairbrooke Special Improvement District the following two (2) courses and distances: 1 . ) South84-12' -00"West, 556. 12 feet; 2. ) South76-48' -OO"West , 146. 58 feet to a point on a curve concave to the East, said point being on said Easterly Right-of-Wray line of said Hampshire Road, having a central angle of 42-42' -15" , a radius of .719. 12 feet, and a chord which bears North.30-03' -35"West, 232.38 +net ; thence along said Easterly Right-of -Way, the following four ?4) courses and distances: 1 . ) Northerly along the arc of said curve 237. 85 feet to a point of compound curvature of a curve cc+ncave to the East having a central angle of 31-37' -22" , a radius of 176. 00 feet, and a chord which bears North07-06' -14"East, 204.90 feet; 2. ) Northerly along the arc of said curve, 207. 52 feet to a point of tangency; 3. ) North22-54' -55"East, 150.00 feet to a point of curvature of a curve concave to the West having a central angle of 16-57' -10" , a radius of 444. 00 feet, and a chord which bears North14-26' -20"East, 130. 09 feet; 4. ) Northerly along the arc of said curve 131 . 37 feet more or less to the TRUE POINT OF BEGINNING. The above tract of land contains 11 . 7.3 acres more or less and is subject to all existing Rights-of-Way and easements of record.