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HomeMy WebLinkAbout132 - 10/20/1981 - ASSESSING THE COSTS OF IMPROVEMENTS IN STORM SEWER IMPROVEMENT DISTRICT NO 17 ORDINANCE NO 132, 1981 BEING AN ORDINANCE ASS=NG THE COSTS OF IMPROVEMENTS IN STORM SEWER IMPROVEMENT DISTRICT NO 17 AND PROVIDING FOR THE PAYMENT AND COLLECTION THEREOF WHEREAS, heretofore by appropriate ordinances and resolutions duly adopted by the Council of the City of Fort Collins, there was establisned Storm Sewer Improvement District No 17 for the purpose of constructing storm sewer improvements to benefit certain property within the City pursuant to Chapter 16 of the Code of the City of Fort Collins, and WHEREAS, pursuant to said ordinances and resolutions, said improve- ments have been installed and accepted by the City of Fort Collins, Colo- rado, and WHEREAS, upon accepting said improvements, the City Council adopted the report of the City Engineer respecting the cost of such improvements and the schedule of assessments prepared by the City Engineer and ordered notice to be published as provided in Chapter 16 of the Code of the City of Fort Collins which said notice was duly published as therein provided, and WHEREAS, October 6, 1981, is the date set for hearing of complaints and objections and the determinations of the same and for acting upon an ordinance assessing the cost of such improvements, and WHEREAS, all complaints and objections in writing filed by property owners within the district have been considered by the City Council NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That the total cost of the improvements in Storm Sewer Improvement District No 17, including the cost of collection, legal , advertising, engineering, financing and other incidentals is Thlee Hundred and Six Thousand One Hundred and Sixty Nine Dollars and Thirty Four Cents ($306 169 34) , said sum being hereby assessed upon the real estate in said district in accordance with the provisions of Chapter 16 of the Code of the City of Fort Collins and the proportion of said costs assessed upon each lot or tract of land in said district shall be as established on the assessment roll for said district , which roll is attached hereto and incorporated herein by this reference Section 2 All assessments herein provided for shall be due and payable within thirty (30) days after the final publication of this ordi- nance without demand provided that all such assessments may, at the elec- tion of the owners of the property to be assessed, be paid in ten (10) equal installments, the first installment being due on the 31st day of January, 1982, and on the 31st day of January of each year thereafter until the full amount thereof has been paid together with interest on the unpaid principal balance at the rate of thirteen percent (13%) per annum, said interest to be payable at the time of the principal payment Failure to pay the whole of such assessment within thirty (30) days as aforesaid shall be conclusively considered and held as an election on the part of the person interested, whether under disability or otherwise, to pay in such installments Section 3 In the case of election of any person to pay in install- ments as aforesaid, the failure to pay any installment when due, whether on principal or interest, shall cause the whole of the unpaid principal to become due and payable immediately and the whole amount of unpaid principal and accrued interest shall thereafter draw interest at the rate of one percent (1%) per month until the date of sale as hereinafter provided, provided, however, that at any time prior to the date of the sale, the owner of the property assessed may pay the amount of all unpaid and due installments together with all interest that has accrued as aforesaid and all penalties accrued and upon such payment shall be restored to the right to pay the installments in the same manner as if the default had not occurred The owners of any property not in default as to any installments or payments may, at any time, pay the entire unpaid principal balance together with interest accrued thereon to the first day of the month following such payment Section 4 Payments may be made to the Director of Finance at any time within thirty (30) days after final publication of this ordinance and in such event an allowance of five percent (5%) of the discount shall he made on all payments during such period only Section 5 In case of the default in the payment of any installment of principal or interest when due all property concerning which such default is suffered shall be advertised by the County Treasurer and sold for the payment of the entire unpaid assessment thereon at the same time or times and in the same manner under the all the same conditions and penal- ties and with the same effect as provided by law for the sale of real estate in default of the payment of general taxes, all as provided by Chapter 16 of the Code of the City of Fort Collins Section 6 The Director of Finance shall prepare the said assessment roll in proper form as provided in Chapter 16 of the Code of the City of Fort Collins and shall keep a record of all payments during the thirty day period after the final publication of this ordinance and upon the expira- tion of the said thirty day period, he shall deliver said assessment roll , as amended if applicable, to the County Treasurer of Larimer County with his warrant for collection of the same, all as provided in Chapter 16 of the Code of the City of Fort Collins -2- Section 7 All collections made by the County Treasurer on said assessment roll in any calendar month shall be accounted for and paid over to the Director of Finance on the first day of each and every month with separate statements for all such collections for each month in the same manner as general taxes are paid by the County Treasurer to the City Section 8 The owner of any divided or undivided interest may pay his share of any assessment upon producing evidence of the extent of his interests satisfactory to the officers having the roll in their charge Section 9 If any property owner eligible therefor is granted a deferment from the assessment made by this ordinance pursuant to the provisions of Chapter 36 of the Code of the City of Fort Collins, then the lien created on such owner's property by this ordinance shall remain in full force and effect but the same shall not be due or payable until the deferment granted pursuant to Chapter 36, Code of the City of Fort Collins has expired Introduced, considered favorably on first reading, and ordered pub- lished this 6th day of October, A D 1981, and to be presented for final passage on the 20th day of October , A D 1981 ;-7, AX ayor ATTEST City Clerk Passed and adopted on final reading this 20th day of October A D 1981 ha r ATTEST Cityty Clerk -3- STORM SEWER IMPROVEMENT DISTRICT NO 17 ASSESSMENT ROLL NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT Creger Plaza, Ltd All of Creger Plaza Subdivision, 28 01 S 85,758 03 c/o Reid L Rosenthal except Lots 1 , 2 and 3 thereof, 300 Spinnaker Lane according to the original plat Ft Collins, CO 80525 (not the replat) of Creger Plaza Subdivision, a subdivision in the City of Fort Collins, Colorado Robert E Creger A tract of land situate in the Northeast 5 03 15,400 32 3835 South College Quarter of Section 35, Township 7 North, Ft Collins, CO 80525 Range 69 West of the 6th P M , City of Fort Collins, County of Larimer, State of Colorado, which considering the East line of said Northeast Quarter as bearing S 00° 29' E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the West line of U S highway No 287 which bears N 890 49' 40" W 88 20 feet, and again S 00 05' E 30 00 feet, and again S 45 11 ' E 70 60 feet, and again S 00* 05' E 976 90 feet from the Northeast corner of said Section 35, and run thence N 89 55' 45" K 400 00 feet, thence S 00 05' E 100 00 feet, thence S 89° 55' 45" E 400 00 feet, thence N 00° 05' W 100 00 feet to the point of beginning NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT Richard C Fuqua and A tract of land situate in the 7 40 S 22,656 53 Patricia K Fuqua Northeast 1/4 of Section 35, c/o Garth W Rogers Township 7 North, Range 69 West of the 1201 Forest Hills Lane 6th P M , Larimer County, Colorado, Ft Collins, CO 80524 which considering the East line 29' E and with all bearings contained herein relative thereto, is contained within boundary lines which begin at a point on the westerly right-of-way line of Colorado State Highway No 1 which bears N 89 49' 40" W 88 20 feet and again S 000 05' E 30 00 feet and again S 45° 11 ' E 70 60 feet and again S 00 05' E 1276 90 feet from the Northeast corner of said Section 35 and run thence S 00° 05' E 200 00 feet along said Westerly right-of-way line, thence N 890 55' 45" W 886 12 feet to a point on the Easterly right-of-way line of the Colorado and Southern Railroad, thence N O1° 04' E 200 00 feet along said Easterly right-of-way line, thence S 89° 55' 45" E 882 10 feet to the point of beginning G W Rogers and A tract of land situate in the Northeast 7 43 22,748 39 D J Colling 1/4 of Section 35, Township 7 North, Range 1201 Forest Hills Lane 69 West of the 6th P M , Larimer County, Ft Collins, CO 80524 Colorado, which considering the East line of said Northeast 1/4 as bearing S 00° 29' E and with all bearings contained herein relative thereto, begins at a point which bears S 00* 29' E 1956 80 feet and again N 89° 55' 45" W 51 2 feet and again N 00* 45' W 56 30 feet and again N 00° 05' W 143 70 feet from the Northeast corner of said Section 35 and run thence N 00° 05' W 200 00 feet along the westerly right-of-way line of Colorado J 1 S NAME & ADDRESS DESCRIPTION ASSESSMENT RATE TOTAL ASSESSMENT i State Highway No 1, thence N 890 55' 45" W 886 12 feet to a point on the Easterly right-of-way line of Colorado and Southern Railroad Co thence S 01° 04' W 200 00 feet along said Easterly right-of-way line, 4 thence S 89 55' 45" E 890 13 feet to the point of beginning South College A tract of land situate in the Northeast 7 47 22,870 85 Investments 1/4 of Section 35, Township 7 North, i 947 Walnut Range 69 West of the 6th P M , Larimer Boulder, CO County, Colorado, which considering the East line of said Northeast 1/4 as bearing S 000 29' E and with all bearings contained herein relative thereto, more particularly described as follows Begin at a point which bears S 00* 29' E 1956 8 feet and again N 89° 55' 45" W 51 2 feet from the Northeast corner of said Section 35 and run thence N 890 55' 45" W 894 80 feet on a line parallel with the South line of said NE 1/4 to a point on the Easterly right-of way line of the Colorado & Southern Railroad Co , thence N 019 04' E 200 00 feet along said Easterly right-of-way line, thence S 89° 55' 45" E 890 13 feet to a point on the Westerly right- of-way line of Colorado State Highway No 1, thence S 00* 05' E 143 70 feet along said Westerly right-of-way line, thence S 00° 45' E 56 30 feet along said Westerly right-of-way line to the point of beginning NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT Lydia tl Collopy, All of Fossil Creek Commercial Plaza, 30 67 $93,902 13 Margaret M Pexton a subdivision in the City of Fort Collins, and Francis W Collopy Colorado, lying West of the East right- as Executor of the of-way line of McClelland Drive (Mason Estate of May Troutman Street) as shown on the plat of said c/o Milo Bunker subdivision P 0 Box 271 Ft Collins, CO 80522 MGC Properties Two tracts of land situate in the SE 1/4 3 41 10,440 37 c/o Chris Christopher of the SE 1/4 of Section 35, Township 7 1405 West 31 North, Range 69 West of the 6th P M , Loveland, CO 80537 described as follows Commencing at a point from which the SE corner of said Section 35 bears South 531 feet, thence North 292 5 feet, thence West 267 8 feet to the former location of the East bank of the New Mercer Ditch, thence S 39° 03' E 376 8 feet along the former location of such East bank, thence East 30 feet to the point of beginning Also commencing at a point 267 8 feet West and 823 5 feet North of the SE corner of said Section 35, thence West 59 1 feet more of less to the center of the New Mercer Ditch, thence S 00° 02' W 292 5 feet more of lesa to the center of the New more or less to a point due West of a point 531 feet North of the SE corner of said Section 35, thence East 286 9 feet more or less to a point 40 feet West and 531 feet North of the SE corner of said NAME & ADDRESS DESCRIPTION ASSESSMENT RATE % TOTAL ASSESSMENT Section 35, thence North 7 76 feet more or less to the Southwesterly line of a tract deeded to Rose E Starkey by deed recorded in Book 455 at Page 170 of the Larimer County records (the tract first described above), thence Northwesterly along the Southwesterly boundary of such tract to the point of beginning Kensington Properties, Considering the South line of Section 35, 10 58 $32,392 72 Ltd Township 7 North, Rane 69 West of the 6th c/o Paul Hefron P M , as bearing N 89° 53' W, and with all 1221 Pearl Street bearings herein relative thereto, begin- Boulder, CO 80306 ning at the Southeast corner of said Section 35, thence N 89 53' W along the South line of said Section 35, 1050 feet, more or less, to the track of the Colorado & Southern Railway Company, thence N 010 00' E along said track 531 feet, thence S 89° 53' 13" E 1050 feet, more or less, to the East line of said Section 35, thence S 00' 00' 30" E 531 feet along said section line to the point of beginning, except portion thereof conveyed to the Wicks Corporation by warranty deed recorded in Book 1577 at Page 712 of the Lariner County records