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HomeMy WebLinkAbout052 - 05/03/1983 - ASSESSING THE COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 75 ORDINANCE NO. 52 , 1983 OF THE COUNCIL OF THE CTTY—OF FORT COLLINS BEING AN ORDINANCE ASSESSING THE COST OF IMPROVEMENTS IN STREET IMPROVEMENT DISTRICT NO. 75 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 established Street Improvement District No. 75 for the purpose of installing curb, gutter, street pavement, walks, storm sewer lines, a sanitary sewer main and a water main on, along and under portions of South Mason Street i'n the City of Fort Collins, Colorado, all 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 reports of the City Engineer and the Director of Finance respecting the cost of such improvements and the schedule of assessments; and WHEREAS, all property owners within the District have, pursuant to §16-38 of the Code . of the City of Fort Collins, waived the procedural requirements of notice and hearing; and WHEREAS, April 19, 1983, was the date set for the hearing of com- plaints and objections and the determinations of the same; and WHEREAS, on April 19, 1983, the Council of the City of Fort Collins held a public hearing for said purposes; 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 I . That the total cost of the improvements in Street Improve- ment District No. 75, including the cost of engineering, legal , publica- tion, interest during construction and collection is $454,201.19, which amount is hereby assessed upon the real estate in said District (and no portion of which amount is to be paid by the City) 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 follows: i I SOUTH MASON STREET AND UTILITY IMPROVEMENT DISTRICT NO 75 Assessment Roll Name Legal Description Assessment Rate Total Assessment Rosenthal, Reid A tract of land situate in the Northeast 1/4 of Section 35, Township 7 North, 52.13%1113 Stony Hill Dr. Range 69 West of the Sixth P.M., City of Fort Collins, County of Larimer, State $236,775.08 Ft.Collins, CO 80525 of Colorado, being more particularly described as follows: Considering the east Creger Plaza line of said Northeast 1/4 as bearing South 000 29' East, and with all bearings contained herein relative thereto. Begin at the Northeast corner of said Section 3S and run thence along the North line of said Northeast 1/4 593.14 feet; thence South 01° 04' West 420.00 feet; thence North 89' 49' 40" West 300.00 feet; South O1" 04' West. 300.00 feet to the True Point of Beginning further described i as the Northwest corner of Lot 10 of Creger Plaza Subdivision; thence South 89° 49' 40" East 319.721; thence South 03° 02' OS" West 16.89 feet; thence South N 89' 42' OS" East 549.88 feet; thence South 00' 05' East 330.09 feet; thence North 890 55' 45" West 400.00 feet; thence South 000 05' East 300.00 feet; thence North 89° 5S' 45" West 482.10 feet; thence North 01° 04' East 638.30 feet to the True Point of Beginning, containing 9.98+ acres more or less. Day, Frank A tract of land situate in the northeast quarter of Section 35, Township 7 North, 14.17% $ 64,360.31 Concept Restaurants Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of 954 Pearl Larimer, State of Colorado, being more particularly described as follows: Boulder, CO 80302 Considering the east line of said northeast quarter as bearing South 000 29' 00" _ i College Investments East and with all bearings contained herein and relative thereto, beginning at the Northeast corner of said Section 35, and run thence along said east line South 00° 29' 00" East 1956.80 feet, thence North 890 S5' 4S" West 51.20 feet to the Northeast corner of Garth Commercial Plaza and the True Point of Beginning; thence along the North line of said Garth Commerical Plaza North 89' SS' 30" West 891.80 feet to the east right-of-way of the Colorado and Southern Railroad; thence along said right-of-way North 00° 58' 30" East 200.02 feet to the South line of R.C.D. Plaza South Subdivision, thence along said South line South 89' 55, 45" East 887.45 feet to the southeast corner of said R.C.D. Plaza South Subdivision, thence South 00' 05' 00" East 143.70 feet; thence South 000 45' 00" East 56.30 feet to the True Point of Beginning. Containing 4.08+ acres. SOUTH MASON STREET AND UTILITY IMPROVEMENT DISTRICT NO. 75 Assessment Roll Name Legal Description Assessment Rate Total Assessment Gi.eselman, Ron A tract of land situate in the Northeast 1/4 of Section 35, 'Township 7 North, 17.35% $78,803.91 Dick's DatSUn Sales Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the 3841 S. College Ave. East line of the said Northeast 1/4 as bearing South 00" 29' East'and with all Ft.Collins, CO 80525 bearings contained herein relative thereto is contained within the boundary lines Fuqua Properties which begin at a point on the Westerly right-of-way line of Colorado State Highway No. 1 which bears North 89° 49' 40" West 88.20 feet and again South 000 05' East 30.00 feet and again South 4S" 11' East 70.60 feet and again South 000 05' East 1276.90 feet from the Northeast corner of said Section 35 and run thence South 000 05' East 100.00 feet along said Westerly right-of-way line; thence North 89' 55' 45" West 884.11 feet to a point on the Easterly right-of-way line of the Colorado and Southern Railroad; thence North 01" 04' East 100.00 feet along said Easterly right-of-way line; thence South 89' 55' 45" East 882.10 feet to the Point of Beginning, containing 2.0273 acres more or less. A tract of land situate in the Northeast 1/4 of Section 35, Township 7 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the East line of the said Northeast 1/4 as bearing South 00' 29' East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the Westerly right-of-way line of Colorado State Highway No. 1 which bears North 890 49' 40" W. 88.20.feet and again South 00' 05' East 30.00 feet and again South 45° 11' East 70.60 feet and again South 00" 05' East 1376.90 feet from the Northeast corner of said Section 35 and run thence South 00" 05' East 100.00 feet along said Westerly right-of-way line; thence North 890 55' 45" West 886.12 feet to a pont on the Easterly right-of-way line of the Colorado and Southern Railroad; thence North 01' 04' East 100.00 feet along said Easterly right-of-way line; thence South 890 55' 45" East 884.11 feet to the Point of Beginning, containing 2.03 acres more or less. Rogers, Garth A tract of land situate in the northeast quarter of Section 35, Township 7 North, 16.35% P.O. Box 608 Range 69 west of the Sixth Principal Meridian, City of Fort Collins, County of $74,261.89 Ft.Collins, CO 80522 Larimer, State of Colorado, being more particularly described as follows: considering the east line of said northeast quarter as bearing South 00" 29' 00" RCDPlaza East and with all bearings contained herein relative thereto. Begin at the northeast corner of said Section 35 and run thence along said east line South 000 29' 00" East 1956.80 feet; thence North 89' 55' 45" West 51.20 feet; thence North 00° 45' 00" West 56.30 feet; thence North 00" 05' 00" West 143.70 feet to the True Point of Beginning; thence North 89" SS' 45" West 888.12 feet; thence North 010 04' 00" East 200 feet; thence South 89' 55' 45" East 884.11 feet; thence South 000 05' 00" East 199.97 feet to the True Point of Beginning containing 4.07 acres more or less. 100.00% $454,201.19 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 election of the owners of the property assessed, be paid in ten (10) equal installments, the first installment being due on the first day of July, 1983, and on the first-- day-of July of .each year thereafter :until- -the- full = - amount thereof has been° paid, together with interest on the unpaid ..prin cipal at the rate of eleven and twelve =hundred fifty-eight ten thousandths percent (11.1258%) per__annum,,_ said -:interest: to be payable at the- time -of:- the principal payments. -Failure to pay the whole of such assessment-within- thirty (30) days as aforesaid -,shall be_.concclus.ively considered and he.ld -as an election on the part of the persons interested, whether under disabi-lity or otherwise, to pay in such installments. Section 3 . In the case of the election of any-person to -pay in; = installments 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 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 has not occurred. The owners of any property not in default as to any installments or payments may at any time pay the entire. unpaid- balance of principal, ' 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 the final publication of this Ordinance, and in such event, an allowance of five percent .(5%) as a discount shall be made on all payments during such period only. Introduced, considered favorably on first reading, and ordered pub- lished this 19th day of April , A.D. 1983, and to be presented for final passage on the 3rd day of May, A.D. 83. -�, a or ATTEST: City Clerk -4- Passed and adopted on final reading this 3rd day of May, A.D. 1983. Ma o ATTEST: City Clerk -5-