HomeMy WebLinkAbout081 - 07/07/1987 - CREATION AND ORGANIZATION OF THE CENTRE FOR ADVANCED TECHNOLOGY SPECIAL IMPROVEMENT DISTRICT NO. 90 ORDINANCE NO. 81 1987
OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE
CREATION AND ORGANIZATION OF THE CENTRE FOR ADVANCED TECHNOLOGY
SPECIAL IMPROVEMENT DISTRICT NO. 90 AND PROVIDING FOR THE
CONSTRUCTION OF IMPROVEMENTS THEREIN.
WHEREAS , heretofore the necessary proceedings were initiated
to create the Centre for Advanced Technology Special Improvement
District No. 90 ( the "District" ) for the purpose of constructing
and installing the following improvements, to wit : street
pavement, curb, gutters , sidewalks , street lighting, landscaping,
landscaped median islands , water mains , sanitary sewer lines,
storm drainage improvements and other necessary appurtenances
( 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 said District by the acceptance of Petitions
of the property owners in said District and the adoption of
Resolution No. 87- 68 relating thereto on the 5th day of May,
1987 , and Resolution No. 87- 69 on the 5th day of May, 1987; and
WHEREAS , the City of Fort Collins, Colorado ( the "City" ) ,
has received the necessary engineering report and accepted the
waiver of any notice requirements pursuant to Chapter 16 of the
Code of the City (the "Code" ) ; 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; and
WHEREAS, the Petitioners 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 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 improvement district under and by virtue of the
provisions of Chapter 16 of the Code, and pursuant to the
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provisions set forth in the agreement between the City and the
Petitioners regarding said Diacrict , to be known as the Centre
for Advanced Technology Special Improvement District No. 90 ,
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
District shall consist generally of street pavement , curb,
gutters, sidewalks, street lighting , landscaping , landscaped
median islands , water mains, sanitary sewer lines, storm drainage
improvements , and other necessary appurtenances, all as more
fully described in the Engineering Report for the District and
Resolution 87- 69 on file with the City Clerk and incorporated
herein by reference.
Section 3 . That the estimated total cost of the
improvements in the District, including without limitation, the
cost of acquiring , planning, engineering, and constructing the
Improvements (but excluding legal and advertising costs, interest
during construction 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 $3 , 310, 000 .
Section 4 . That the estimated amount or proportion of the
total probable cost of the Improvements to be paid by the City at
large and not by assessments against property in the District is
$1 , 054 , 600 . The foregoing constitutes the maximum obligation of
the City notwithstanding that costs might exceed estimates
heretofore submitted, unless appropriation is made therefor . The
balance of the total actual cost in the District (estimated to be
$2 , 255 , 400 ) , except those costs which are the obligation of the
City pursuant to City Code or the Master Agreement among the City
and Petitioners dated May 5 , 1987, 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 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 lot, 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 .
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Section 5 . After any lot , tract , or parcel of property
within the District is divided into smaller parcels or other
property interests, the assessment against 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 original assessment against such lot, 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 lot, 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 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 lot, tract or parcel, or portion thereof if such
lot, 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 lot, 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, 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 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 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 87- 69 for the District on file with the
City Clerk. If there are any excess bond proceeds available
after the Improvements have been completed and paid for , such
proceeds may be used , to the extent permitted by law, to
construct, install or acquire additional improvements of a like
or similar nature to the Improvements; subject, however , to the
condition that the Petitioners consent to the additional
improvements.
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Section 9 . 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.
Section 10 . If any section, paragraph, clause or provision
of this Ordinance shall be held to be invalid or unenforceable,
the invalidity or unenforceability of such section, paragraph,
clause or provision shall in no manner affect any other provision
of this Ordinance.
Section 11 . All ordinances , resolutions and regulations of
the City in conflict with this Ordinance are hereby repealed to
the extent only of such inconsistency. This repealer shall not
be construed to revive any ordinance, resolution or regulation,
or part thereof, heretofore repealed.
Section 12 . This Ordinance, immediately on its final
passage, shall be recorded in the Ordinance Record of the City
kept for that purpose, authenticated by the signatures of the
Mayor and the City Clerk, and notice of the adoption thereof
shall be published in The Coloradoan, a newspaper of general
circulation published in the City.
Section 13 . All actions, legal or equitable, for relief
against any proceeding provided for under Chapter 16 of the Code,
whether based upon irregularities , jurisdictional defects or
other grounds , shall be commenced within 30 days after the
wrongful act complained of or else be thereafter perpetually
barred.
INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND
ORDERED PUBLISHED THIS 19th DAY OF May , A.D. , 1987, AND TO
BE PRESENTED FOR FINAL PASSAGE ON THE 7th DAY OF July
A. D. , 1987.
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ATTEST:
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City�
Passed and adopted on final reading by the Council of the
City of Fort Collins this 7th day of July A. D. , 1987 .
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Mayor
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ATTEST:
City Clerk
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Description: Centre for Advanced Technology Special Improvement
District Boundary
A tract of land located in the Southwest Quarter of Section 23,
and the Southeast Quarter of Section 24, Township 7 North, Range
69 West of the 6th P.M. , City of Fort Collins, State of Colorado,
being more particularly described as follows:
Considering the South line of the Southwest Quarter of said Sec-
tion 23 as bearing, North 89°25'51" West, from a found steel pin
in the pavement at the South Quarter corner of said Section 23,
to a found "P.h." nail at the Southwest corner of said Section 23
and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 23; thence
along the West line of the Southwest Quarter of said Section 23,
North 0015122" East, 946.61 feet to the POINT OF BEGINNING;
thence, South 89°44'38" East, 50.00 feet; thence, South 0"15'22"
West, 310.88 feet; thence, South 89044'38" East, 102.00 feet;
thence, South 0"15'22" West, 366.50 feet; thence, South 68°11'22"
West, 88.72 feet; thence. South 88*24120" West, 19.79 feet to a
point on the East right-of-way of South Shields Street; thence
along said right-of-way, South 0" 15122" West, 170.54 feet;
thence, South 34°38'45" East, 21.92 feet to a point on the North
right-of-way line of West Drake Road, thence along said right-of-
way, South 89°29'42" East, 2592. 12 feet; thence, South 89025'56"
East, 214.08 feet to a point on a curve concave to the Northeast,
having a central angle of 90°00'00", a radius of 25.00 feet and
the chord of which bears, North 44025'56" West, 35.36 feet;
thence along the arc of said curve 39.27 feet; thence, North 0°
34'04" East, 160.51 feet to a point on a curve concave to the
Southwest, having a central angle of 27° 44'15", a radius of
648.50 feet and the chord of which bears, North 13°18'04" West,
310.89 feet; thence along the arc of said curve 313.95 feet;
thence, North 27°10'11" West, 74.65 feet to a point on a curve
concave to the East, having a central angle of 90° 00'00", a
radius of 11.00 feet and the chord of which bears, North 17"
49'49" East, 15.56 feet; thence along the arc of said curve 17.28
feet; thence, North 27010111" West, 54.00 feet; thence, South 62°
49'49" West, 4.50 feet to a point on a curve concave to the
North, having a central angle of 90"00'00", a radius of 11.00
feet and the chord of which bears, North 72°10' 11" West, 15.56
feet; thence along the arc of said curve 17.28 feet; thence,
North 27° 10111" West, 93.70 feet to a point on the North-South
centerline of said Section 23; thence along said North-South
centerline, North 0° 18'37" East, 1893.06 feet to the Center
Quarter corner of said Section 23; thence along the East-West
centerline of said Section 23, North 89°19'35" West, 2657. 16 feet
to'Ehe West Quarter corner of said Section 23; • thence, North 89°
10'38" West, 50.00 feet to a point on the West right-of-way of
South Shields Street; thence along said right-of-way, South 0°
15'22" West, 1203.87 feet; thence, South 87°30'22" West, 92.50
feet; thence, North 73041138" West, 119.06 feat; thence, North 59'
43'38" West, 160.26 feet; thence, South 52044'57" West, 263.74
feet; thence, South 35031'22" West, 78.58 feet to a point on the
North line of the Southeast Quarter of the Southeast Quarter of
said Section 24; thence along said North line, South 890 21147"
East, 600.17 feet to a point on the West right-of-way of South
Shields Street; thence along said right-of-way the following five
courses, South 0"15'22" West, 161.27 feet; thence, South 18°
10'38" East, 63.25 feet; thence. South 0°15'22" West, 57.00 feet;
thence, North 89°36'49" West, 20.00 feet; thence, South 0015'22"
West, 101. 15 feet; thence, North 89044'38" East, 50.00 feet to
the Point of Beginning.
Together with:
A tract of land located in the Northwest Quarter of said Section
23; commencing at the West Quarter of said Section 23; thence
along the West line of the Northwest Quarter of said Section 23,
North 0°22'52" East, 875.00 feet to the POINT OF BEGINNING;
thence continuing along said West line, North 0°22'52" East,
1110.03 feet; thence, South 89°18'08" East, 1085.12 feet to a
point on a curve concave to the South, having a central angle of
13°05'58", a radius of 518. 12 feet and the chord of which bears,
South 84"08'53" West, 118.20 feet; thence along the arc of said
curve 118.46 feet; thence, South 10°03'08" East, 153.83 feet to a
point on a curve concave to the Northeast, having a central angle
of 24"22'38", a radius of 664.52 feet and the chord of which
bears, South 22°14'25" East, 280.60 feet; thence along the arc of
said curve 282.73 feet; thence, South 55°34'15" West, 20.95 feet;
thence, South 7°11'28" East, 410.00 feet; thence, South 5°35'10"
East, 103.53 feet; thence, North 52036'43" West, 174.77 feet;
thence, North 22°45'05" West, 9.43 feet; thence, North 72059'12"
West, 13.47 feet; thence, North 52"36'43" West, 71.91 feet to a
point on a curve concave to the South, having a central angle of
52027'49", a radius of 400.00 feet and the chord of which bears,
North 87° 16' 14" West, 353.60 feet; thence along the arc of said
curve 366.26 feet; thence, South 66029'52" West, 227.06 feet;
thence, South 68°07'52" West, 95.00 feet; thence, South 44031'12"
West, 213.28 feet; thence, South 59022'52" West, 105.00 feet;
thence, North 89° 37'08" West, 50.00 feet to the Point of
Beginning.
The above tracts of land contains 183.764 acres and is subject to
all easement and rights-of-way now on record or existing.
Together with:
A tract of land located in Northeast Quarter of Section 26,
Township 7 North, Range 69 West of the 6th P.M. , City of Fort
Collins, County of Larimer, State of Colorado being the North
300'.00 feet of Meadow-Lark Avenue as shown on the Plat of South
Meadow-Lark Heights, recorded in Plat Book 9, Page 43, Reception
Number 888418 records of said County.
Together with:
A tract of land located in the Northwest Quarter of Section 26,
Township 7 North, Range 69 West of the 6th P.M. , City of Fort
Collins, County of Larimer, State of Colorado being the North
200.00 feet of Worthington Avenue as shown on the Plat of Wood-
west - First Filing recorded in Book 1483, Page 272 records of
said County.
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EXHIBIT "A"
Nature and Location of District Improvements
Generally, improvements in the District will consist of
major improvements to Shields Street from Windtrail Condominiums
P.U. D. south to Drake Road including asphalt, base course, curb,
gutters, street lighting, landscaping and sidewalks with related
water , storm drainage and sanitary sewer improvements . District
improvements will also consist of internal street, water ,
sanitary sewer and storm drainage improvements within certain
District properties all as set forth more particularly as
follows :
PHASE 1 IMPROVEMENTS
Shields Street Improvements - Phase 1
Shields Street improvements will consist of the following:
( 1 ) The realignment , regrading , construction and
installation of Shields Street from the northern boundary of
Colorado State University Research Foundation' s property in the
District south approximately 1700 feet to a width of seventy feet
from flow line to flow line and including asphalt, base course,
curb, gutters, street lighting, landscaping (tree removal , tree
planting, reseeding and irrigation) and detached sidewalks five
feet in width;
( 2) The removal of an existing box culvert at the New
Mercer Ditch crossing and replacement with a five foot by twenty
foot concrete box culvert approximately ninety feet in length;
and
( 3 ) The extension eastward approximately fifteen feet of an
existing box culvert at Larimer No. 2 Ditch crossing.
Interior Improvements - Colorado State University Research
Foundation ( "CSURF" ) Property
Interior improvements to the property owned by CSURF in the
District will consist of street, storm drainage, water and
sanitary sewer improvements as follows :
( 1) Streets
A. Construction of Center Avenue to City collector street
standards with asphalt, base course, curb, gutters, street
lighting and sidewalks beginning from the center of Meadowlark
Avenue within the development, northwest , to the curb return of
Meadowlark, a distance of approximately 50 lineal feet to the
eastern most point of the property.
B. Construction of a portion of the east half of Meadowlark
Avenue to City collector street standards with asphalt, base
course, curb, gutters, street lighting and sidewalks, beginning
at its intersection with Center Avenue southeast to its
intersection with West Drake Road, a distance of approximately
1710 lineal feet. Improvements will also consist of construction
of the west half of Meadowlark Avenue to City collector street
standards with asphalt, base course, curb, gutters, street
lighting and sidewalks from its intersection with West Drake
Road, north, a distance of approximately 600 feet.
(2) Water
Water improvements will consist of a water main distribution
system under Meadowlark from its intersection with West Drake
Road north 600 feet and one-half of the water main system from
600 feet north of West Drake Road along Meadowlark to its
intersection with Center Avenue and including necessary
appurtenances thereto.
( 3) Storm Drainage
The storm drainage improvements will consist of a storm
drain system under Meadowlark Avenue from its intersection with
West Drake Road north 600 feet and a storm drain system
( including 1/4 of the box culvert at the New Mercer Ditch
Crossing) from the intersection of Center Avenue and Meadowlark
Avenue north along the proposed future alignment of Center Avenue
to its intersection with Spring Creek.
(4 ) Sanitary Sewer
Sanitary sewer improvements will consist of a sanitary sewer
collection system under Meadowlark from its intersection with
West Drake Road north 600 feet and one-half of the sanitary sewer
main system from 600 feet north of West Drake Road along
Meadowlark to its intersection with Center Avenue and including
necessary appurtenances thereto. The improvements will also
include a sanitary sewer collection system from the intersection
of Meadowlark and Center Avenues north along the future alignment
of Center Avenue a distance of 1060 feet then due north to its
intersection with the existing Spring Creek sanitary sewer .
Interior Improvements - Everitt Enterprises Limited Partnership
No. 1 ( Everitt" )
Interior improvements to the property owned by Everitt in
the District will consist of street, storm drainage, water and
sanitary sewer improvements as follows:
( 1) Streets
A. Construction of Center Avenue to City collector street
standards with asphalt, base course, curb, gutters, street
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lighting , landscaping and sidewalks , beginning at its
intersection with Meadowlark Avenue southwest a distance of
approximately 2 , 220 lineal feet to its intersection with Shields
Street.
B. Construction of a portion of the west half of Meadowlark
Avenue to City collector street standards with asphalt, base
course, curb, gutters, street lighting and sidewalks, beginning
at its intersection with Center Avenue southeast, a distance of
approximately 1 , 070 lineal feet.
C. Construction of Worthington Avenue to City collector
street standards with asphalt, base course, curb, gutters , street
lighting and sidewalks, beginning at its intersection with Drake
Road, north to its intersection with Center Avenue, a distance of
approximately 1, 166 lineal feet .
(2) Water
Water improvements will consist of a water main distribution
system under Center and Worthington Avenues within the Everitt
property in the District and one-half of the water system
improvements along Meadowlark adjacent to the same property and
will also include necessary appurtenances thereto.
( 3 ) Storm Drainage
The storm drainage improvements will consist of a storm
drainage collection system under portions of Center Avenue
including a box culvert (3/4 of which will be assessed to Everitt
and 1/4 of which will be assessed to CSURF) .
(4 ) Sanitary Sewer
The sanitary sewer improvements will consist of a sewer main
collection system under Center and Worthington Avenues within the
Everitt property in the District and one-half of the sewer main
collection system improvements along Meadowlark adjacent to the
same property and will also include necessary appurtenances
thereto.
PHASE 2 IMPROVEMENTS
Shields Street Improvements - Phase 2
Phase 2 Shields Street improvements will consist of the
realignment, regrading, construction and installation of the east
half of Shields Street adjacent to Windtrail Condominiums P.U. D.
in the District to a width of thirty-five feet from flow-line to
flow-line and including asphalt, base course, curb, gutters ,
street lighting, landscaping ( tree removal , tree planting,
reseeding and irrigation) , a deceleration lane and detached
sidewalks five feet in width.
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Interior Improvements - Seattle First National Bank and the
Federal Deposit Insurance Corporation ( "Seattle/FDIC" ) Property
Interior improvements to the property owned by
Seattle/FDIC in the District will consist of street, water, storm
drainage and sanitary sewer improvements as follows:
( 1 ) Streets
Street improvements will consist of construction of Stuart
Street improvements to collector street standards with asphalt,
base course, curb, gutters , landscaping, street lighting and
sidewalks in windtrail Condominiums P.U.D. beginning from the
point at which it intersects with Shields Street then tapering to
a local street standard width at its intersection with Hobbit
Street, a total distance of approximately 1, 400 lineal feet .
(2) Water
Water improvements will consist of approximately 2 , 100 feet
of 8 inch water main under Stuart Street to be improved within
the District and including necessary appurtenances thereto.
(3 ) Storm Drainage
Storm drainage improvements will consist of the construction
of miscellaneous drainage structures and appurtenances, including
minor storm sewer systems, channels and various culverts ,
beginning approximately 180 feet east of Shields Street at its
intersection with Stuart Street, south to Spring Creek .
(4) Sanitary Sewer
Sanitary sewer improvements will consist of approximately
1 , 000 feet of 8 inch sanitary sewer main under Stuart Street to
be improved within the District and including manholes, plugs and
other necessary appurtenances thereto.
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