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HomeMy WebLinkAbout136 - 11/20/2007 - ASSESSING THE COST OF IMPROVEMENTS IN THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 9 ORDINANCE NO. 136, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ASSESSING THE COST OF IMPROVEMENTS IN THE TIMBERLINE AND PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 IN THE CITY OF FORT COLLINS, COLORADO AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS,the Council of the Cityof Fort Collins,Colorado(the"Council'),has heretofore duly adopted Resolution 2003-122,Resolution 2005-083,Resolution 2005-091 and Ordinance No. 090, 2005, of the City (the "Creation Ordinance") relating to the creation of the Timberline and Prospect Special Improvement District No. 94 of the City(the"District') for the purpose of making the following improvements: additional turn lanes, additional travel lanes, raised medians, an improved traffic signal,and new asphalt pavement in and around the intersection of Timber road and Prospect Road (the "Improvements"); and WHEREAS, the cost of the Improvements was advanced by the owners and developers of certain properties located in close proximity to the Improvements(the"Funding Entities")pursuant to an agreement between the City and the Funding Entities that City staff would recommend to the Council that a portion of said costs be assessed against other neighboring properties that would especially benefit from the Improvements and that, upon repayment of said assessments, such amounts would be reimbursed to the Funding Entities by the City; and WHEREAS, pursuant to Section 5 of the Creation Ordinance, the amount to be assessed against property in the District is to exclude the portion of the cost of the Improvements that will be due from the owners of certain underutilized properties within one mile of the intersection of Timberline and Prospect Roads (the"Underutilized Properties"), which portion will be payable to the Funding Entities through reimbursement agreements required by the City as a condition of the redevelopment of said properties if and when said redevelopment occurs; 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 October 2, 2007, the Council adopted Resolution 2007-073 accepting the Improvements, receiving and accepting the Statement of Cost of the District and the District Assessment Roll prepared by the City Engineer and the Financial Officer of the City, respectively, and ordering notice of the proposed assessments to be published as provided in Section 22-88 ofthe Code of the City; and WHEREAS, on October 2, 2007, the Council adopted Resolution 2007-093 rescinding Resolution 2007-073, in order to correct certain errors in Resolution 2007-073; and WHEREAS, pursuant to Resolution 2007-093, notice was duly published and the date of November 6, 2007, was set for the hearing of complaints or objections to the proposed District Assessment Roll; and WHEREAS, on said date, 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 cost of the District, 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, the Council has considered the Final Cost/Benefit Study prepared by Bonnie Roerig&Associates,LLC, Study Date September 5, 2007, to evaluate relevant market data related to the District; and WHEREAS, based upon said Final Cost/Benefit Study, the Council has confirmed that the value of each of the parcels to be assessed has increased from the 2005 study value in an amount equal to or greater than the proposed assessment for each such parcel; 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 as follows: Section 1. That the total cost of the District, including final construction costs, engineering and construction management costs,publication costs and any other incidental costs of the District is$2,338,134. Said amount excludes that portion of the cost of the Improvements to be separately paid by the Underutilized Properties at the time of redevelopment and also excludes the cost of collecting the assessments imposed bythis Ordinance,which costs of collection will be added by the County Treasurer or the Financial Officer at the time each annual assessment is due. Said amount is hereby assessed upon all real property in the District in accordance with the resolutions and ordinances pertaining to the District adopted by the Council and the provisions of Chapter 22 of the Code of the City, except those properties for which a proportionate share of the costs of the District have been advanced by the Funding Entities. The portion of the total cost of the District 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 this 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 ten(10)equal principal installments, the first installment being due on the 1 st day of January,2008, and on the 1 st day of January of each year thereafter until the full amount thereof has been paid, together with interest on the unpaid principal at the rate of five percent (5%) per annum, said interest to be payable at the time of the principal payments. -2- Section 3. That total principal component of the first installment is expected to be $140,961. The total interest component of the first installment is estimated to be$70,481,depending upon the actual date of payment. The amount of each installment for individual parcels in the District shall be the principal amount of assessment for each such parcel, as shown on Exhibit"A", divided by ten(10) installments,plus a proportionate amount of accrued interest together with any penalty interest and collection fee required by law. Section 4. Interest will begin to accrue January 2, 2008, and will continue until the assessments are paid in full. Section 5. hi 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 at the interest rate of one and one-half percent(1 1/2 %)per month or fraction of a month until the day of the sale of the property as provided in Chapter 22 of the City Code. At any time prior to the day of sale,the owner may pay the amount of all unpaid installments together with accrued interest or fraction thereof, and shall be restored to the right to pay in installments in the same manner as if default had not occurred. Section 6. 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 7. All complaints or objections duly made in writing and filed with the City as provided in Chapter 22 of the City Code have been heard and considered by the Council and the Council hereby finds and determines,based upon evidence in the record,that the assessments made herein are equitable and proper and the costs to be assessed against each parcel of real property in the District does not exceed the amount of special benefit derived by such parcel from the construction of the Improvements. Section 8. 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 9. 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 the assessed and to persons interested generally is hereby ratified, approved and confirmed. -3- Introduced and considered favorably on first reading and ordered published this 6th day of November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D. 2007. Mayor ATTEST: - )�I A , City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2007. i Mayo ArrEST: City Clerk -4- [•'•� a0 O V O t0 N N m OJ O O O M (O O) 1� O N C V N M O C N 7 C O w� N C T N 00> cq y > O 7 f0 V M O W N Q d N Vi fA fA fA fA EA fA fA 69 (A b9 fA 7 to e- c O `y NCDL 16 O U o U U U U U 0 Z 0 3 O LL LL ~ ". 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Together with a non-exclusive easement for ingress and egress over and across a 60 foot wide road right of way, said road right of way being 30' on either side of centerline, described as follows: Beginning at a point on the East line of said Northeast '/< from which the Northeast comer of said Section 18 bears N 00'01' E a distance of 878.50', said point being also on the Easterly right of way line of a 100' wide road right of way; thence N 89°59' W 100.00' to a point on the Westerly right of way line of said 100 foot wide road right of way and the true point of beginning; thence N 89°59' W 265.00'; thence 150.10' along a curve to the left having a radius of 200.00' and whose chord bears S 68°31' W 146.60'. Together with all ditches and ditch rights, water and water rights, reservoirs, and reservoir rights, belonging and appertaining thereto. Exhibit B A part of Tract 3 and all of Lot 1, Cache La POudre Industrial Park PUD, City of Fort Collins, and that portion of Hoffinan Mill road as vacated by Ordinance No. 159, 1998, recorded October 21, 1998, at Reception No. 98091889, described as follows: Considering the West line of the Southwest Quarter of Section 17, Township 7 North, Range 68 West of the 6`h P.M.,, as bearing North 00°09'21" East as determined by monuments found at the Southwest corner of Section 17 and the West Quarter corner of said section 17, and with all bearing contained herein relative thereto. Beginning at the Southwest corner of Tract 3, Cache La Poudre Industrial Park PUD, City of Fort Collins, Larimer County, Colorado; thence along the West line of said Tract 3 North 00°09'21" East 1650.59'; thence departing from said line S 89°50'39"W 557.6l'; Thence S 00°09'21" W 305.44'; Thence S 88°57'32" E 441.6l'; Thence S 23'18'20"W 508.74'; Thence S 62°51'14" E 133.73'; Thence S 05°58'36"W 774.27'; Thence N 89°20'09"W 271.88'; Thence S 0099'51" W 447.03' to a point on the South line of said Tract 31 thence along said line N 89°20'09" W 567.54' to the beginning, County of Larimer, State of Colorado. Together with all right, title, and interest of grantor in all water and lake rights associated with property. Exhibit C A part of Tract 1, Cache La Poudre Industrial park PUD, City of Fort Collins, Recorded November 7, 1985, at Reception No. 85057278 in the office of the Latimer County Clerk and Recorder, being located in the City of Fort Collins, County of Latimer, State of Colorado; and being more particularly described as follows: Considering the East line of the Southeast quarter of Section 18, Township 7 N, Range 68 W, of the 6a' P.M., as bearing N 00°09'21" E, as shown on said plat of Cache La Poudre Industrial Park PUD and as determined by monuments found at the Southeast corner of said Section 18 and the East '/4 comer of said Section 18 and with all bearings contained herein relative thereto. Commencing at the Southeast corner of Tract 1, Cache La Poudre Industrial Park PUD, City of Fort Collins, Latimer County, Colorado; Thence along the South line of said Tract 1 S 89°13'10" W 23.27' to the true point of beginning; thence continuing along said line S 89°13'10" W 105.67'; thence S 89°17'27" W 455.27'; thence along the westerly line of said Tract 1 N 18'05'15"W 420.88'; thence departing from said westerly line N 72°48'31" E 348.27'; thence S 82°32'19" E 363.15' to a point 23.27' west of the east line of said tract 1, said point also being 23.27' west of the west right of way line of Timberline Road; thence along a line 23.27' west of and parallel with the east line of said Tract 1 S 00°09'21"W 448.79' to the true point of beginning. Said described land contains 6.761 acres more or less and is subject to any terms, agreements, provisions, conditions, or obligations, rights of way, or easements of record or as now exist on the ground. Basis of Bearings Considering the West line of the Southwest '/< of Section 17, Township 7 N, Range 68 W, of the 61h P.M. as bearing N 00109'21" E as shown on said plat of Cache La Poudre Industrial Park PUD, and as determined by monuments found at the southwest corner of section 17 and the west '/< corner of said section 17, and with all bearings contained herein and relative thereto. Exhibit D Lot One of Centerpoint Plaza, Fort Collins, Except the following described portion of Lot 1, Centerpoint Plaza,: Begin at the Northeast Corner of said Lot One and run thence along the East line of said Lot One S 00°22'00" W 126.00'; thence N 89°38'00" W 131.97'; thence S 00°22'00"W 42.00'; thence N 89°38'00" W 110.50' to the West line of said Lot One; thence along said West Line N 00°22'00" E 143.00', and again along the arc of a 25.00' radius curve to the right a distance of 39.27', the long chord of which bears N 45°22'00" E 35.36' to the North line of said Lot One, thence along said North line S 89°38'00" E 217.47' to the point of beginning. County of Larimer, State of Colorado.