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HomeMy WebLinkAbout129 - 10/30/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE HEART SPECIAL IMPROVEMENT DISTRICT NO. 84 ORDINANCE NO. 129 , 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE HEART SPECIAL IMPROVEMENT DISTRICT NO. 84 , AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, proceedings have been initiated to create the Heart Special Improvement District No. 84 ( the "District" ) for the purpose of installing the following improvements: street, water, sanitary sewer, storm drainage and irrigation ditch improvements (the "Im- provements" ) 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 incorporated herein by reference; and WHEREAS, the Council of the City of Fort Collins ( the "Council" ) has begun proceedings to construct, install and acquire the District Improvements by the acceptance of the Petition of the property owners in the District and the adoption of Resolution No. 84-135 and Resolution No. 84-136relating thereto on the 4th day of September , 1984; and WHEREAS, the City of Fort Collins, Colorado ( the "City" ) has received a preliminary Engineering Report for the District, and has waived in writing any notice and other requirements of Chapter 16 of the Code of the City ( the "Code" ) ; and WHEREAS, all of the property owners in said District ( the "Peti- tioners" ) have waived in writing notice and other provisions to which they would otherwise be entitled pursuant to Chapter 16 of the Code; and WHEREAS, the City and Petitioners shall enter into an Agreement setting forth the respective rights and responsibilities of the parties in the formation of the District and construction, installa- tion and acquisition of District improvements; and WHEREAS, the Petitioners wish to proceed with construction of the District Improvements using interim private financing, and the Council believes it should now form the District to facilitate the prompt, orderly construction of the District Improvements, while promoting the best interests of the City residents, and as an indi- cation of its conditional commitment to ultimately fund the District upon completion, inspection and acceptance of the Improvements by the Department of Public Works. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. There is hereby created and organized a special improvement 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 the District. The District shall be known as the Heart Special Improve- .__ _ __ ment District No. 84 comprised of the real property described on Exhibit "A" , attached hereto and incorporated herein by reference. Section 2. The improvements to be constructed in the District shall generally consist of the following: street, water, sanitary sewer, storm drainage and irrigation ditch improvements as more fully described in the preliminary Engineering Report on file with the City Clerk and in the final Engineering Report to be filed with the- City Clerk_: Section 3. a. The estimated total cost of the District Improvements, excluding the estimated engineering, legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, and other incidental costs as shown in the estimate of probable total cost as made by the Director of Public Works is $1, 019, 000. 00. b. The estimated amount of the total cost to be paid by other than special assessment is $139, 420. 00 . The balance of the total cost of the District (presently estimated at $879, 580. 00 ) shall be apportioned upon completion of the improvements and approval and acceptance of the same by the City in an assessment roll against each lot, tract or parcel of land to be assessed. Assessments shall be levied by an assessment ordinance. Such assessment shall be a lien until paid in the respective amounts assessed against each lot, tract or parcel of land. The cost of acquiring, constructing or otherwise installing the improvements of the District,_ including planning, engineering, legal , advertising, administrative, interim financing and any other incidental costs, shall be assessed against those lots, tracts or parcels of land owned by the Petitioners, as set forth in the Petition for the District on file with the City Clerk. C. The City and the Petitioners acknowledge that the figures set forth in this Section are estimates only, but they constitute the best estimates currently available for providing District cost guidelines. Actual assessments against each lot, tract or parcel of land within the District shall be based on the final cost figures submitted to and approved by the City following completion of the improvements , and may exceed the estimates set forth herein. Section 4 . 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 any assessment or reallocated assessment, as the case may be, together with interest accruing thereon to the next assessment interest payment date shall be immediately due and payable by the seller or transferor thereof -2- 1 prior to the sale or transfer of any 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 5. 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 persons; the Council finds that all requirements of the Code regarding organization of the District have been fully complied with or properly waived according to Section 16-38 of the Code; and it is ordered that the District improvements as provided for in the preliminary plans, specifications and map previously adopted by the Council be, and hereby are, ordered to be constructed. Section 6 . The City Manager is authorized to execute the Agreement on behalf of the City with the Petitioners setting forth the respective rights and responsibilities of the parties in the formation of the District and the construction, installation and acquisition of District Improvements . Section 7 . When the Improvements herein authorized have been completed and approved and accepted by the City, the costs as set forth herein shall be assessed upon the real property in the District, all as herein set forth. Section 8. This Ordinance shall be irrepealable until the indebtedness herein provided for, when created, has been duly paid, satisfied and discharged as herein provided. Introduced, considered favorably on first reading, and ordered published this 4th day of September , A.D. , 1984, and to be presented for final passage on the 30th day of October A.D. , 1984 . /./ l G�1A " Mayor ATTEST: �ity C1 Passed and adopted on final reading by the Council of the City of Fort Collins this 30th day of �October A.D. , 1984. .+"ram- Mayor ATTEST: -3- City Clerk r i PROPERTY DESCRIPTION HEART SPECIAL• IMPROVEMENT DISTRICT - A parcel of land located in the West half of Section 36, Township 7 North, Range 69 West of the 6th P.m., City of Fort Collins, County of_ Lar_ imer, State of Colorado, being more particularly - described as follows: Considering the West line of the Northwest quarter of said Section 36 as bearing North 00029136" West and with all bearings contained herein relative thereto; Commencing at the West quarter of said Section 36, proceed thence North 89O57'01" East, 52.02 feet along the South line of the Northwest quarter of said Section 36 to a point on the East right-of-way line of U.S. Highway No. 287; thence North 00045'36" West 30.08 feet along said East right-of-way to the Southwest corner of the Fountainhead P.U.D., Phase Three as on file in the office of the Larimer County Clerk and Recorder, Colorado and the True Point of Beginning; thence North 00045'36" West, 578.98 feet along the West lines of Fountainhead P.U.D. Phases One, Two and Three as on file in said Clerk and Recorders office; thence 23.63 feet along a curve to the right having a radius of 15.00 feet, a central angle .of 90016100" and a chord which bears North 44022124" East, 21.26 feet to a point on the South right-of-way line of Boardwalk Drive; thence along the South right-of-way line of said Boardwalk Drive on the following courses; 250.56 feet along a curve to the right having a radius of 576.00 feet, a central angle of 24055124" and a chord which bears South 78001154" East, 248.59 feet; thence South 65034112" East, 836.32 feet; thence 593.76 feet along a curve to the right having a radius of 576.00 feet, a central angle of 59003'46" and a chord which bears South 36002119" East, 567.82 feet; thence South 00033144" East on a non-tangent line 115.86 feet; thence 404.54 feet along a curve to the left having a radius of 640.00 feet, a central angle of 36012'57" and a chord which bears South 24136155" East, 397.83 feet; thence 168.09 feet along a curve to the left having a radius of 1220.00 feet, a central angle of 07053138" and a chord whichbears South 46040112" East, 167.95 feet to a point on the East line of the Park Place at the Landings P.U.D. as on file in said Clerk and Recorder's Office; thence leaving said Boardwalk Drive right-of-way, South 00003120" East, 498.18 feet along the East line of said Park Place P.U.D. to a point on the South line of the North half of the Southwest quarter of said Section 36; thence South 89056140" West, 1893.78 feet along said South line of the North half of the Southwest quarter of Section 36 being the South line of said Park Place P.U.D. and the South line of the parcels described in Book 2149, Page 0080 and Book 2155, Page 1291, as recorded in said Clerk and Recorder's office to a point on the East right-of-way of said U.S. Highway 287; thence North 00004124" East, 325.18 feet along EXHIBIT A Page 1 of 3 s said East right-of-way of U.S. Highway 287 to a point on the South line of National Car Rental P.U.D. as on file in said Clerk and Recorder's Office; thence North 89057159" East, 730.59 feet along the South line of said National Car Rental P.U.D. to a point on the West right-of-way line of Larimer County Canal No. 2 as described in said Book 2155, Page 1291; thence alonJ said canal right-of-way on the followin0 courses: North 19 48121' West, 132.96 feet; thence North 23 16101" West, 132.55 feet; thence North 18O32'01" West 91.00 feet; thence North 12027159" East, 48.00 feet; thence North 33027'59" East, 86.30 feet; thence North 65052159" East, 106.27 feet more or less to a point on the South line of a parcel described in Book 1369, Page 0158 and the Northeast corner of a parcel described in Book 1571 Page 0752 as recorded in said Clerk and Recorder's Office; thence North 85O16101" West, 215.11 feet along the North line of said parcel described in Book 1571 Page 0752 to the Southeast corner of a parcel described in Book 1681, Page 0738 as recorded in said Clerk and Recorder's office; thence North 00O02101" West, 240.60 feet along the East line of said parcel described in Book 1681, Page 0738; thence North 89013136" West, 97.20 feet along the North line of said parcel described in Book 1681, Page 0738 to the Southeast corner of a parcel described in Book 1516 Page 0531 as recorded in said Clerk and Recorder's office; thence North 00029136" West, 291.50 feet along the East line of said parcel described in Book 1516 Page 0531; thence along the North line of said parcel described in Book 1516 Page 0531 on the following courses, South 89030124" West, 267.00 feet; thence South 00029136" East, 20.40 feet; thence South 880341240 West, 164.80 feet; thence North 62027136" West, 16.53 feet more or less to the True Point of Beginning. Containing 54.361 acres more or less gross and subject to all easements and rights-of-way, or restrictions as now in use or on record. EXHIBIT A Page 2 of 3 . i q r+ U d •� R 1 11 f G FI �[ SA if n I pt ([CL 9u. In)2mI r323 wIWIOS ..�...�vu..� . [ IR is 1 6 Fyn EXHIBIT A Page__ f o ------------ --------- h `•-0>p,No �d'Op a W ` a I U Q �I A < \ pU 1A 1 1` 1 1 2 _ 1 1 n v C 1 �� � •� �- 111' v ��E AVMAVd NVNInON! -____ _ _-_ _- .AAA vl " y �• ��� � -- ♦�Y �/ �`ram Cv� ♦ 3 e 1 1 \ S l v EI 11\1 \ e a \\` I V I 1 1 1 1 1 EXHIBIT B _