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Home My WebLink About090 - 09/06/2005 - RELATING TO THE CREATION AND ORGANIZATION OF THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRIC ORDINANCE NO. 090, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN WHEREAS, the necessary proceedings have previously been initiated to create the Timberline and Prospect Special Improvement District No. 94 (the "District") for the purpose of constructing and installing the following improvements, to wit: capacity improvements to the Timberline Road/Prospect Road intersection, including dedicated right-turn lanes,double left-turn lanes, additional through lanes on Timberline Road, and other improvements as necessary, such as traffic signal and utility relocation,bridge and structure widening,right-of-way acquisition,median construction,curb,gutter,and paving(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 certain property owners in said District (the 'Petitioners") and by the adoption of Resolution No. 2003-122 relating thereto on the 4th day of November, 2003, and Resolution No. 2005-083 on the 19th day of July, 2005; and WHEREAS, the Council has received the necessary engineering report and met the other requirements of Section 22-61(a) of the Code of the City (the "Code"); and WHEREAS, notice has been given to the owners of property to be assessed in the District and to all interested persons generally as required by Section 22-61(b) of the Code that this Ordinance is to be considered by the Council; and WHEREAS, any property owners affected and any other person interested generally have been given an opportunity to present their views in regard to the formation of the District as required by Section 22-62(a) of the Code; and WHEREAS, the Council has considered any objections in writing filed with the City Clerk prior to the date fixed for the hearing of this matter; and WHEREAS, the Council has also considered all applicable factors specified in Section 22- 62(c)of the Code in determining whether creation of the District is in the best interests of the City; and WHEREAS,the Council is of the opinion that it is in the best interests of the residents of the City to create said district. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby determines that the creation of the District is in the best interests of the City. Section 2. That there is hereby created and organized a special improvement district under and by virtue of the provisions of Chapter 22 of the Code to be known as the Timberline and Prospect Special Improvement District No.94,comprised of the real properties described on Exhibit "A", attached hereto and incorporated herein by this reference. Section 3. That the Improvements to be constructed in said District shall consist generally of capacity improvements to the Timberline Road/Prospect Road intersection, including dedicated right-turn lanes,double left-turn lanes,additional through lanes on Timberline Road,and other improvements as necessary, such as traffic signal and utility relocation, bridge and structure widening,right-of-way acquisition,median construction,curb,gutter, and paving,all as more fully described in the Engineering Report for the District and Resolution 2005-083 on file with the City Clerk and incorporated herein by reference. Section 4. 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 constructing and until assessments are made by ordinance against the properties benefitted, financing and other costs to the District), as shown by the estimate of probable total cost, as made by the Director of Community Planning and Environmental Services if$2,500,000. Section 5. That no portion of the total probable cost of the Improvements is to be paid by the City at large; all such cost is to be paid by assessments against property in the District except for: (a) the estimated portion of said cost that will be due from the owners of certain underutilized properties within one mile of the intersection of Timberline and Prospect Roads,which portion will be payable through reimbursement agreements required by the City as a condition of redevelopment pursuant to Land Use Code Section 3.3.2(F)(2);and(b)the estimated portion of said cost that would, according to the proposed method of assessment for the District,otherwise be assessed against those properties in the District described on Exhibit 'B " attached hereto and incorporated herein by this reference. The total actual cost in the District, less said amounts, shall, upon completion of the Improvements, 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 benefitted, 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,less the amounts referenced in subsections(a)and(b)of this Section 5 shall be assessed against those lots, tracts, or parcels of land in the District. The total of all aggregated assessments shall be sufficient to cover the total cost of the Improvements to be defrayed by special assessments. Section 6. 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 such parcel shall be reallocated so that the assessment against each such smaller parcel or other property interests 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 or 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 7. That pursuant to Chapter 22 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; 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 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 Petition and in Resolution 2005-083 for the District on file with the City Clerk. Section 9. 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 10. 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 11. This Ordinance, immediately on its final passage, shall be recorded in the Ordinance Record of the City kept for that purpose,authenticated by the signature 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 12. 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 16th day of August, A.D. 2005, and to be presented for final passage o e 6th day of September, A.D. 2005. Mayo ATTEST: City Clerk Passed and adopted on final reading this 6th day of Se tuber, A.D. 2005. 6;47� , Mayor ATTEST: IL City Clerk EXHIBIT "A" OWNER NAME & ADDRESS PS-TIMBERLINE LAKES, LLC 103 W MOUNTAIN AVE FORT COLLINS,CO 80524 LEGAL DESCRIPTION TR 3,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC; LESS 98051260;&POR VAC HOFFMAN MILL RD PER 98091889 OWNER NAME & ADDRESS PS-TIMBERLINE LAKES, LLC 103 W MOUNTAIN AVE FORT COLLINS,CO 80524 PROPERTY ADDRESS 1100 S COUNTY RD I I FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT I,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;&POR VAC HOFFMAN MILL RD PER 98091989 OWNER NAME & ADDRESS USTL, LLLP(1/4)/DCW TL, LLC(1/4) MMM TL, LLC(1/6)/DPV TL, LLC(1/6) DNT TIMBERLINE LAKES, LLC(1/6) 760 WHALERS WAY, BUILDING A-200 FORT COLLINS,CO 80525-3373 LEGAL DESCRIPTION PART OF TR 1,CACHE LA POUDRE INDUSTRIAL PARK PUD, FTC; DESC AS COM AT SE COR TR I,CACHE LA POUDRE INDUSTRIAL PRK PUD;TH S 89 13' 10"W 23.27 FT TPOB; TH S 89 13' 10"W 105.67 IT; S89 17' 27"W 455.27 FT;TH N 18 05' 15"W 420.88 FT;TH N 72 48' 31"E 348.27 FT;TH S 82 32' 19"E 363.15 FT TO PT 23.27 FT W OF E LN SD TR I; TH S 00 09' 21"W 448.79 FT TPOB(CONT 6.761 AC M/L) OWNER NAME & ADDRESS SHARP POINT PROPERTIES,LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 PROPERTY ADDRESS 2120 MIDPOINT DR FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 6, SPRING CREEK CENTER PUD,FTC(2001019523) OWNER NAME & ADDRESS SHARP POINT PROPERTIES, LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 - l - PROPERTY ADDRESS 1615 SPECHT POINT RD FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 7, SPRING CREEK CENTER PUD,FTC(2001019523) OWNER NAME & ADDRESS SHARP POINT PROPERTIES, LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 PROPERTY ADDRESS 1600 E PROSPECT RD FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 5, PROSPECT PARK EAST, PUD, FTC OWNER NAME & ADDRESS ANDERSON,TODD I REGAN, ANTHONY P 305 W MAGNOLIA 204 FORT COLLINS,CO 80521 PROPERTY ADDRESS 2601 CANTON CT FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT II, PROSPECT INDUSTRIAL PARK, FTC OWNER NAME & ADDRESS POSTLE DEVELOPMENT CO 6800 79TH ST STE 201 NIWOT,CO 80503 LEGAL DESCRIPTION OUTLOT A, SIDEHILL SUBDIVISION, FTC(20030144107) OWNER NAME & ADDRESS INTEGRATED EQUITIES, INC. (.25) TEMPLE, W J(.25) FLEMING, A W(.50) PO BOX 272549 FORT COLLINS,CO 80525 PROPERTY ADDRESS 1945 S TIMBERLINE RD FORT COLLINS,CO 80525 -2 - LEGAL DESCRIPTION TR IN NE 1/4 19-7-68,BEG AT PT ON W LN TIMBERLINE RD WH BEARS S 0 19' 30"W 1631.19 FT,S 88 38' 30"W 30 FT, S 0 19' 30"W 542.4 FT FROM NE COR, S 89 32' W 467.14 FT,S 0 37' E 100 FT,N 89 22' E 198.11 FT,S 0 39' E 258.35 FT, N 89 30' 30"E 263 FT,N 0 19' 30"E 357.69 FT TPOB CON'2.6382 AC M/L(SPLIT FROM 8719100 003) OWNER NAME & ADDRESS FLEISCHLI ENTERPRISES 7824 SOUTH COLLEGE AVENUE FORT COLLINS,CO 80525 LEGAL DESCRIPTION PAR IN E 1/2 19-7-68 BEG AT PT WH BEARS S 0 19' 30"W 1631.19 FT, S 88 38' 30"W 30 FT, S 0 19' 30"W 1088.41 FT FROM NE COR, S 89 30' 30"W 1024.06 FT TO E LN OF UPRR, S 0 24' 20"W 300 FT, N 89 30, 30"E 1024.48 FT TO PT ON W LN OF TIMBERLINE RD,N 0 19' 30" E 300 FT TOPB CONT 7.06 AC M/L(SPLIT FROM 87190 00 001), FTC OWNER NAME & ADDRESS SC GROUP INVESTMENTS, LLC 6300 S SYRACUSE WAY STE 293 ENGLEWOOD,CO 80111 LEGAL DESCRIPTION E 1/2 19-7-68; LESS 35 AC M/L TO CITY OF FTC, 32 AC UPRR, 10 AC C&S RR,4 AC DRY CREEK, TR IN NE 1/4 OF NE 1/4 19-7-68 LOCATED E OF C&S RR R/W& S OF SPRING CREEK DITCH, LESS 1162-257, 1401-354 &355, 1488-208, 1382-158, 1700433, 1913-547,2050-178, 88048248, FTC; LESS ROW PER 2001007023 (EX"A" PG 1 OF 4);AKA TR IN SE 19-7-68,BEG S 0 29'55" W 367.93 FT FROM E 1/4 COR, S 0 29' 55"W 2284.06 FT, S 89 53' 54"W 1056.8 FT, N 0 28' 22" E 2276.85 FT, N 89 30' 30"E 1057.94 FT TPOB; LESS 20040071169; LESS RD ROW PER 20040071 172 OWNER NAME & ADDRESS CITY OF FORT COLLINS POLICE FACILITY LEGAL DESCRIPTION A tract of land located in the Southeast Quarter of Section 19,Township 7 North, Range 68 West of the 6"Principal Meridian,City of Fort Collins, County of Larimer,State of Colorado and being more particularly described as follows: Considering the east line of the Southeast Quarter of Section 19,Township 7 North, Range 68 West, as bearing North 00'01'49"West and with all bearings contained herein relative thereto. Commencing at the Southeast comer of the aforementioned Section 19, thence along the East line of the Southeast Quarter of said Section 19,North 00001'49"West 1301.57 feet, thence departing said section line South 89'58'11"West 30.00 feet,to a point on the east line of a 20 foot easement as described at Reception No. 89001023,Clerk and Recorders Office of Latimer County,Colorado, said line also being the west right of way line for Latimer County Road I I (also known as Timberline Road), and being the POINT OF BEGINNING, thence along said west right of way line North 00°01'49"West 724.93 feet, thence South 89058'11" West 52.40 feet to the beginning of curve concave to the northwest,having a radius of 15 feet,a central angle of 90°00'00"and a chord bearing South 44°58'1 l"West 21.21 feet, thence along the arc of said curve 23.56 feet,thence South 89'58'11"West 594.10 feet,thence South 00°0 t'49" East 709.93 feet, thence North 89'58'1 t" East 661.50 feet to the POINT OF BEGINNING. - 3 - The above described parcel contains 10.800 acres, more or less,and is subject to all easements and rights of way now on record or existing. OWNER NAME & ADDRESS BUILDING A, LLC 141 S COLLEGE AVE SUITE 103 FORT COLLINS, CO 80524 LEGAL DESCRIPTION LOT 1,CENTERPOINT PLAZA,FTC(20030128022) OWNER NAME & ADDRESS GYPRO PROPERTIES, LLC t 400 E 61 ST ST DENVER,CO 80216 LEGAL DESCRIPTION LOT 2,CENTERPOINT PLAZA, FTC(20030128022) OWNER NAME & ADDRESS KERNAGHAN,JIM 6118 NORMANDY CT FORT COLLINS,CO 80525 PROPERTY ADDRESS 2025 SHARP POINT DR FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 16,PROSPECT INDUSTRIAL PARK, FTC OWNER NAME & ADDRESS COWEN TRANSFER AND STORAGE CO PO BOX 7265 COLORADO SPRINGS,CO 80933-7265 LEGAL DESCRIPTION LOT 17, PROSPECT INDUSTRIAL PARK, FTC OWNER NAME & ADDRESS LYNCH, MARJORIE C, MARITAL TRUST 3705 CUMULUS VIEW COLORADO SPRINGS,CO 80904 LEGAL DESCRIPTION LOT 18, PROSPECT INDUSTRIAL PARK, FTC OWNER NAME & ADDRESS BGJR LARIMER, LLC(66) -4 - G B VENTURES LLP(34) 487S PEARL EAST CIR BOULDER,CO 80301 LEGAL DESCRIPTION LOT 19,PROSPECT INDUSTRIAL PARK,FTC -5 -