Loading...
HomeMy WebLinkAbout136 - 10/30/1984 - RELATING TO THE CREATION AND ORGANIZATION OF THE PROVINCETOWNE/PORTNER ESTATES SOUTH SPECIAL IMPROVE <� • • ORDINANCE NO. 136 -1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS RELATING TO THE CREATION AND ORGANIZATION OF THE PROV INC ETOWNE/PORTN ER ESTATES SOUTH SPECIAL IMPROVEMENT DISTRICT NO. 81 AND PROVIDING FOR THE CONSTRUCTION OF IMPROVEMENTS THEREIN. WHEREAS, heretofore the necessary proceedings were initiated to create Provincetowne/Portner Estates South Special Improvement District No. 81 ( the "District" ) for the purpose of installing the following improvements , to wit: street , water, sanitary sewer, and storm drainage 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 WHERAS, the Council of the City of Fort Collins (the "Council" ) began proceedings to acquire, install , and construct said improvements in said District by the acceptance of Petitions of the property owners in said District and the adoption of Resolution No. 84-44 relating thereto on the 20th day of March, 1984, and Resolution No . 84- 143 on the 18th day of September, 1984 ; and WHEREAS , the City of Fort Collins , Colorado ( the "City" ) , has received the necessary report and accepted the waiver of any notice requirements pursuant to Chapter 16 of the Code of the City; 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 of the City; and WHEREAS, the Petitioners shall enter into agreements with the City concerning the formation of said District and the manage- ment of the construction of District improvements an to provide therein the rights and responsibilities of all part es relative thereto; and WHEREAS, the Council is of the opinion that it is in the best interest of the residents of the City to form 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 i—mprovement district under and by virtue of the provisions of Chapter 16 of the Code of the City, and pursuant to the provi- sions set forth in the aqreement between the City and the Petitioners regarding said District, to be known as the Provincetowne/Fortner Estates South Special Improvement District No . 81 , 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 be constructed in three phases and shall consist generally of street, water , storm drainage , and sanitary sewer improvements as more fully described in the Engineering Report for the District and Resolution 84-143 on file with the City Clerk and incorporated herein by reference . Section 3. The estimated total cost of the street, water, sanitary sewer, and storm drainage improvements in the District, including without limitation , the cost of planning , constructing, engineering, or otherwise acquiring the improvements; and excluding legal and advertising costs , interest during construc- tion and until assessments are made by ordinance against the properties benefited and other costs to the District, as shown by the estimate of probable total cost, as made by the Director of Public Works , is $4,705, 614. The estimated amount or proportion of the total cost to be paid by other than special assessments is $28, 086. The foregoing shall constitute the maximum obligation of the City, notwith- standing that costs might exceed estimates heretofore submitted , unless appropriation is made therefor (not including those over- sizing costs associated with the District improvements in the estimated amount of $121 ,875, which will be borne by Dueck and MSP until said improvements are constructed , inspected, and approved by the City and thereafter reimbursed by the City in accordance with §99-6F of the City Code) . The balance of the total cost in the District ( i .e. , estimated at $4, 555,653 ) 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 property benefited , and other incidental costs to the District . Assess- ments shall be levied by an assessing ordinance . Such assessment shall be a lien until paid in the several amounts assessed against each lot, tract, or parcel of land. The cost of acquiring , -2- constructing , or otherwise installing the improvements in the District shall be assessed against those lots, tracts or parcels of land owned by the Petitioners, in the manner set forth in Resolution 84- 143 for the District on file with the City Clerk. Each total assessment, in proportion to the benefits against the property specially benefited , shall be sufficient to cover the portion of the total cost of the improvements to be defrayed by special assessments . Section 4 . 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 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 thereto 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 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. That pursuant to Chapter 16 of the Code of the City, tFe 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 of the City 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 in the District , as provided for in the maps, plans and specifications heretofore adopted by the Council , be and they hereby are , ordered to be constructed . -3- Section 6. 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 insaid agreements the rights and responsibilities of the Petitioners and the City relative to said District . Section 7. When the improvements herein authorized have been completed and the same approved and accepted by the City, the costs as set forth in Section 3 above shall be assessed upon the real property in said District , all as hereinbefore set forth. Section 8. 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 . INTRODUCED, CONSIDERED FAVORABLY ON FIRST READING, AND ORDERED PUBLISHED THIS 18th DAY OF SEPTEMBER, A.D. , 1984, AND TO BE PRESENTED FOR FINAL PASSAGE ON THE 30th DAY OF October A. D. , 1984 . ----- ---------- Mayor Cl ---�---� ATTEST: C Her ��- Passed and adopted on final reading by the Council of the City of Fort Collins this 30th day of —0� --, A.D. , 1984. (34 Mayor ATTEST: ��- --- City Clerk -4- EXHIBIT "A" LEGAL DESCRIPTION OF THE PROVINCETOWNE/PORTNER ESTATES SPECIAL IMPROVEMENT DISTRICT LEGAL DESCRIPTION OF PROVINCETOWNE P.U.D. That portion of Section 13 , Township 6 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado being more particularly described as follows : Considering the West line of the Northwest Quarter of said Section 13 as bearing North 00*03130" West and with all bearings contained herein relative thereto: Beginning at the West Quarter Corner of said Section 13, thence along the South line of the Northwest Quarter of said Section 13, South 89050 ' 00" East 51 . 50 feet to a point on the East right of way of U.S. Highway No . 287, as fenced , said point also heinq on the South line of that certain tract of land described in deed recorded in Book 1108, Page 489 records of said county and the True Point of Beginning; thence along the Southerly lire of said Book and Page the following eight ( 8 ) courses and distances, South 89° 50 ' 00" East 137. 33 feet, North 01059130" West 109. 40 feet, North 15055130" East 300.00 feet North 26023 ' 30" East 300. 00 feet , North 58* 26130" East 180. 00 feet , South 75°16 ' 30" East 20n. 00 feet, South 28006130"- East 150.00 feet, South 53° 22 ' 30" East 126 . 01 feet to the Southwest Corner of that certain tract of land described in deed recorded in Book 1170 Page 101-102 records of said county, thence along the Southerly line of said Book and Page the following four ( 4 ) courses and distances , South 53° 22 ' 30" East 118. 99 feet , South 79010100" East 120. 00 feet , South 63* 28100" East 110 . 00 feet , South 41 ° 53 ' 00" East 58. 88 feet to the Southwesterly line of that certain tract of land described in deed recorded in Book 1257, Paqe 254 records of said county; thence along the Westerly and Southerly line of said Book and Page South 41 ° 35 ' 00" East 116. 18 feet ; South 37° 37 ' 00" East 294. 05 feet to the South line of the Northwest Quarter of said Section , thence along said line South 89050 ' 00" East 219. 87 feet to the Southwest Corner of that certain tract of land described in deed recorded in Book 1371 , Paqe 852 records of said county; thence along the Westerly and Northerly lines of said tract the followinq six ( 6 ) courses and distances, North 33053 ' 00" West 850 . 62 feet , North 00005100" East 323. 60 feet , South 72057 ' 00" East 367. 20 feet, South 69° 14 ' 00" East 161 .12 feet , South 74° 10 ' 30" East 326. 74 feet , North 86* 29100" East 553. 76 feet to the East line of the Northwest Quarter of said Section 13 , thence along said line North 00016128" West 746. 39 feet to the South line of Moberly Heights Subdivision, thence along the South and East line of said Subdivi- sion , South 89° 49 ' 28" East 600. 00 feet, thence North 00`16 ' 28" West 1053. 60 feet to a point on the South right-of-way of an existing County Road , said point being 30. 00 feet South of the north line of the Northeast Quarter of said Section 13 , thence along said right-of-way, parallel with and 30.00 feet South of said North line of the Northeast Quarter, South 88*17123" East 2073. 21 feet to a point on the West right-of-way of an existing County Road said point being 30. 00 feet West of the East line of the Northeast Quarter of said Section 13 , thence along said right-of-way, parallel with and 30. 00 feet West of said East line of the Northeast Quarter South 00005 ' 44" West 5225. 30 feet to the North right-of-way fence of an existing County Road thence along said right-of-way fence the following five ( 5) courses and distances , South 89034 ' 00" West 428. 85 feet to the beginning of a tangent curve concave to the North , having a central angle of 06047100" and a radius of 2000. 00 feet; thence along the arc of said curve , 236. 78 feet; thence tangent from said curve North 83* 39100" West 534. 00 feet , thence South 85006100" West 605.00 feet ; thence North 88°04 ' 17" West 840. 00 feet to the East Boundary line of Victoria Estates as monumented in the field , thence along the Easterly and Northerly boundary of said Victoria Estates as monumented in the field the following. six ( 6 ) courses and distances ; North 00000 ' 22" West 1455. 57 feet, South 85005120" West 615. 00 feet North 72006 ' 20" West 300. 00 feet, North 61040 ' 44" West 399 . 84 feet, South 89049122" West 544. 00 feet, North 75008 ' 24" West 842. 44 feet to the East right-of-way of U.S. Highway No . 287 as fenced , thence along said East right-of-way North 00°07 ' 00" East 740. 36 feet to the True Point of Beginning. Said tract contains 402. 86+ Acres . Subject to all existing easements and rights-of-way of record ; TOGETHER WITH LEGAL DESCRIPTION OF PORTNER ESTATES SOUTH P. U.D. Commencing at the Southeast corner of Section 12 , Township 6 North , Range 69 West of the 6th P.M. , said point being the Point of Beginning ; thence North 88027140" West along the South line of said Section 12 a distance of 1443. 94 feet; thence North 00000 ' 00" East 2042. 92 feet ; thence South 87' 33 ' 54" East, 656. 25 feet; thence South 87034109" East, 258. 00 feet; thence South 00000100" West , 614 . 37 feet; thence North 90000 ' 00" East , 530. 00 feet to a point on the East line of said Section 12 ; thence South 00000 ' 00" West along the East line of said Section 12 a distance of 1428. 50 feet to the Point of Beginning, County of Larimer, State of Colorado . The above described parcel contains 59. 98 acres , more or less . une 6Wmu • • 'mom _ ` � `�.,�. � � E Vr S „u' snra d8aSa� en c/°fi n,,00ar Ea- E wm�d eGm�R"re ci - E _ �r iiwroa� I cN.y� rew � � m"e ➢ I s � � �� a "n rem � V aw„ wa wneaia,u oa P HARMONY ROAD �� 11 PROPOSED 1 I-• 1 SPECIAL ° IMPROVEMENT W DISTRICT +81 le n`Y a W 11, o", - n� / � � �� � •,fir ��� � oRFN1R /irv. .. • sa..,r or label c� ram ' x „ D , �PtawR Ile t o TRILBY ROAD b, yrvia o". 1 n Pmei x y ■■1J C,- � l rm ,, I � I I _ `1 q �\ oamo,a jk,. Park Plpce O \