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HomeMy WebLinkAbout024 - 03/04/1986 - ASSESSING THE COST OF IMPROVEMENTS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78, PHASE I ORDINANCE NO. 24 , 1986 OF THE COUNCIL OF THE CITY bP__F_6RT COLLINS, COLORADO BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN THE LEMAY/HARMONY SPECIAL IMPROVEMENT DISTRICT NO. 78, PHASE II IN THE CITY OF FORT COLLINS, COLORADO AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, on July 5, 1983, the City Council (the "Council" ) of the City of Fort Collins, Colorado (the "City" ) passed and adopted on final reading Ordinance No. 86, 1983 of the City, being an ordinance (the "Creation Ordinance" ) creating the Lemay/Harmony Special Improvement District No . 78, Phase II (the "District" ) , for the purpose of acquiring, constructing and installing street, water line, sanitary sewer line, and storm drainage improvements ( the "Improvements" ) in the City, and on July 17, 1984, the Council passed and adopted on final reading Ordinance No. 90, 1984, amending the assessment method for the District, 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 Improvements have been fully acquired, constructed and installed; and WHEREAS, on January 7, 1986, the Council adopted Resolution No. 86-6, accepting the Improvements, receiving and accepting the Statement of Cost of 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 516-18 of the Code of the City; and WHEREAS, said notice was duly published as provided in Reso- lution No. 86-6 and the date of February 18, 1986 was set for the hearing of complaints or objections to the proposed District Assessment Roll; and WHEREAS, on February 18, 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 the 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 Improvements, includ- ing 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 $3,386,000. The amount or proportion of the total cost of the Improvements to be paid by other than special assessments is $286,000. The balance of the total cost in the District, $3, 100,000, is hereby assessed upon the real property in the District in accordance with the resolutions and ordinances pertaining to the District adopted by the Council and the provi- sions 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 12 equal principal installments, the first installment being due on the 1st day of September, 19 , and on the 1st day of September of each year thereafter until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of 10. 77535% per annum, said interest to be payable at the time of the principal payments. Section 3. In the case of such election to pay in install- ments 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 inter- est at the rate of one percent ( 1 %) 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 penal- ties accrued and shall be restored to the right thereafter to pay in installments in the same manner as if default had not occurred. -2- 0 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 prop- erty 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 writ- ing 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 irregular- ities, 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 order- ed published this 18th day of February , 1986, and to be presented for final —passage on t e 4th day of March , 1986. //'— / Mayor ' ATTEST: City Clerk Passed and adopted on second reading this 4th day of March , 1986. ATTEST: Mayo �y City Clerk ` -3- a a x M ro M a o n M 0 E n .7 (D 0 n 0. Moartu+ ma Ny.A of n co rr ma a .9. rr0% m Dr O (Y% M W w- = MO �- 00 C OSa ion Ntn rr r (.nSo0 N N 0 (D � (D O (D *M .m (D ut c 0 A n a .H. a •a .a O O . (D .. H. n a 7 N O r- n rr m N rt W ft • rt 7 . rt n — 0 H. 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O O O J O co o � ao og r . r eo ko n n n (o y rt BL D- d � d En N r• O H. O H. O 3 � N • N . N . O i••i m O m O m O m ~ m m m m m m n rl mV mro (D '0 m rt m rt m rr N r• r• r- H d C 01 a r M, - > ma (Do, ma( r n n n W N Q P r O N rt O O W N . Q O N In T rT O P Ln O kO W A > N N m N N i 3 m ro r o, rt mD I N EXHIBIT "A" Legal Description of Evangelical Covenant Church of Fort Collins Platted Portion: Lot 1 and the South 1/2 of Oak Ridge Drive in the Evangelical Covenant Church P.U.D. Phase 1 , which begins at a point which bears S 00010 ' W 900.00 feet, and again N 89*50 ' W 63.00 feet from the Northeast corner of Section 1 , Township 6 North, Range 69 West, of the 6th P.M. , City of Fort Collins, County of Larimer, State of Colorado, and runs thence N 89*50' W 237.00 feet; thence S 00* 10 ' W 34.00 feet; thence S 45* 10 ' W 25.46 feet; thence S 00* 10 ' W 318.69 feet; thence S 89050 ' E 255.00 feet; thence N 00010 ' E 370.69 feet to the point of beginning, containing 2. 1523 acres. Unplatted Portion: A tract situate in the Northeast 1/4 of Section 1 , Township 6 North, Range 69 West of the Sixth P.M. , City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of said Northeast 1/4 as bearing S 00' 101W and with all bearings contained herein relative thereto, begins at a point which bears S 00* 10 ' W 900.00 feet, and again N 89*50 ' W 300.00 feet from the Northeast corner of said Section 1 , and runs thence along the arc of a 400 foot radius curve to the left a distance of 598.98 feet, the long chord of which bears S 47*16104" W 544.56 feet; thence S 89*50 ' E 380.92 feet; thence N 00* 10 ' E 318.69 feet; thence N 45* 10 ' E 25.46 feet; thence N 00010 ' E 34.00 feet to the point of beginning, containing 2.4805 acres. EXHIBIT "B" Legal Description Everitt Enterprises Limited Partnership No . 1 A tract of land situate in the West 1/2 of Section 6, Township 6 North, Range 68 West, of the Sixth P.M. , City of Fort Collins, County of Larimer, State of Colorado, which, considering the West line of the Northwest 1/4 of said Section 6 as bearing N 00* 10' E and with all bearings contained herein relative thereto, begins at a point which bears S 000 10' W 81 .00 feet, and again S 89° 37' 23" E 28.00 feet, and again N 45' 16' 37" E 12.70 feet from the Northwest corner of said Section 6, and runs thence N 45° 16' 37" E 57.90 feet; thence S 890 37' 23" E 253.50 feet; thence S 89' 54' 53" E 198.00 feet; thence S 890 06' 08" E 110.00 feet; thence N 880 56' 07" E 119.00 feet; thence S 89° 52' 53" E 440.00 feet; thence S 890 37' 23" E 118.42 feet; thence S 00* 22' 37" W 105.00 feet; thence along the arc of a 323.49 foot radius curve to the left a distance of 62.11 feet, the long chord of which bears S 05" 07' 23" E 62.01 feet; thence S 100 37' 23" E 150.00 feet; thence along the arc of a 1425.88 foot radius curve to the right a distance of 632.15 feet, the long chord of which bears S 02° 04' 40" W 626.99 feet; thence along the arc of an 810.00 foot radius curve to the right a distance of 256.19 feet, the long chord of which bears S 23" 50' 21" W 255.21 feet; thence N 570 06' W 6.00 feet; thence S 320 54' W 573.77 feet; thence along the arc of a 1262.40 foot radius curve to the left a distance of 1401 .30 feet, the long chord of which bears S 010 06' W 1330.46 feet; thence S 300 42' E 100.00 feet; thence along the arc of a 15 foot radius curve to the left a distance of 23.56 feet, the long chord of which bears S 75' 42' E 21 .21 feet; thence N 590 18' E 6.00 feet; thence S 30" 42' E 68.00 feet; thence South 462.33 feet; thence S 890 34' 19" W 951 .40 feet; thence N 000 03' 20" E 989.41 feet; thence N 000 10' E 915.81 feet; thence S 890 50' E 346.64 feet; thence N 00' 10' E 413.04 feet; thence N 89" 50' W 359.64 feet; thence N 000 10' E 1243.03 feet to the point of beginning, containing 78.2201 acres, AND ALSO a tract of land situate in the Northeast 1/4 of Section 1 , Township 6 North, Range 69 West, of the Sixth P.M. , City of Fort Collins , County of Lairmer, State of Colorado, which considering the East line of said Northeast 1/4 as bear- ing N 00' 10' E and with all bearings contained herein relative thereto, begins at a point which bears S 00" 10' W 1762.21 feet and again N 890 50' W 63.00 feet from the Northeast corner of said Section 1 , and runs thence N 89" 50' W 637.00 feet; thence S 00° 10' W 883.20 feet; thence S 89' 56' 50" E 649.16 feet; thence along the arc of an 8816.97 foot radius curve to the left a distance of 122.18 feet, the long chord of which bears N 010 06' 49" W 122.18 feet; thence N 010 30' 38" W 200.00 feet; thence along the arc of an 8340.87 foot radius curve to the right a distance of 244.16 feet, the long chord of which bears N 000 40' 18" W 244.15 feet; thence N 000 10' E 315.72 feet to the point of beginning, containing 12.9726 acres. The total area for the two tracts described above is 91 .1927 acres. EXHIBIT "C" Legal Description c * Everitt Enterprises Limited Partnership No . 1 and KEM Homes, Inc. A tract of land situate in the Northeast 1/4 of Section 1 , Township 6 North, Range 69 West of the Sixth P.M. , City of Fort Collins, County of Larimer, State of Colorado, which considering the East line of said Northeast 1/4 as bearing S 00' 10 'W and with all bearings contained herein relative thereto, begins at a point on the West line of South Lemay Avenue which bears S 00' 10' W 1270.69 feet, and again N 89050 ' W 63.00 feet from the Northeast corner of said Section 1 , and runs thence S 00010 ' W 491 .52 feet; thence N 89'50 ' W 637.00 feet; thence N 00' 10 ' E 462. 21 feet; thence along the arc of a 400 foot radius curve to the right a distance of 29.34 feet; the long chord of which bears N 02' 16137" F 29.33 feet; thence S 89'50 ' E 635.92 feet to the point of beginning, containing 7. 1883 acres.