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HomeMy WebLinkAbout019 - 03/04/1980 - CREATING AND ORGANIZING STORM SEWER IMPROVEMENT DISTRICT NO. 17 - T 04UINANCE NO 19, 10SO bEIhG r,u ORDIi 10E CREATING AND OPLANIZIV STORM SEWER If PPOVEi G T DISTkICT r 0 17, PkOVIDING FOP ThE Gnf STP&TI0n C` Imp,nVEA'ENTS TKEPEIi WHEREAS, the owners of the property to be assessed for the cost of the same have requested that the City of Fort Collins create a special improve- ment district for the purpose of installing an interceptor storm sewer line for the benefit of tr e pi opei ties describeo on Fxhibit A attachea hereto, and WHEREAS, all of the owners of the properties described on Exhibit A have waived all notice of the prouosed formatior of the district ano consented that such district may be formed without further notice to such owners and that assessments may be made against each owner ' s property to pay the costs incurred in the district as set forth in this ordinance, and WHEPEAS, such owners have also waived the limitation on assessments as set forth in Section 16-20 of the Coae of the City of Fort Collins ane aqreed that the full amount of assessmeit required against each property to pay the costs incurred by the district may be nade against their respective properties, and WHEREAS, plans, specifications arc' a map showing the improvements to be installed by the district have been made and presented to the City Council ana appioveo by the City Council , ano IHEPEAS, a portion of the improvements to be installed in the district have already been installer by the owners of the property in the district at a cost of S51 000 00 and such owners have also waived all formal bidding requirerents for sucn construction work, and WHEREAS, the City Council is of the opinion that it is in the best interests of the City of Fort Collins to form the special improvement district in accordance pith the contract bet een the owners of the proper- ties described on Exhibit A and to authorize the installation of the interceptor storm sewer imorovegents in accordance with the plans and specifications for the sayr NOr , THEREFORE, BE IT ORDAINED BY IPE COUNCIL OF THE CITY OF FORT COLLINS t Section 1 That there is hereby created and organized an improvement district under and by virtue of the provisions of Chapter 16 of the Code of the City of Fort Collins to be known as Storrs Suer Improvement District Po 17 (hereinafter sometimes referred to as the "District") , witn trio District to be conurised of the properties descritea cn Exhibit A attdcnea hereto Section 2 The improvements to be constructed shall consist of an interceptor storm sewer line as set forth in the map, plans and specifica- tions submitted to the City Council and adopted hereby Section 3 The total cost of such improvements shall not exceed by more than 5% the estimate of the cost of constructing said improvements in the amount of $267,683 00, provided that to such cost there shall be added the actual cost of acduirina any right-of-way or easement necessary for the installation of said improvements in accordance with the plans and specifi- cations and further prodded that such cost does not include the expense of collection, legal advertising, engineering, financing and other incidentals as provided for hereinafter Section 4 The total cost of such improvements, not to exceed the amount set forth in Section 3, together with any cost incurred in acquiring necessary rights-ot-way or easements for the installation of such inprove- ments and togetner furtner with the followinq additional costs, to- it Engineerirq (design and supervision) $21,344 OU Engineering (formation of District) 2,668 00 Legal and Administrative 2,668 00 Construction Stains and Te,+ nq 5,336 Co Total Additional Cost $32,016 00 shall be assessed against the properties in the District as follows A The amount of $27,000 00 representina improvements already installed and paid for by the owners of property riot included within the properties in the District shall not to assessed since that amount has already been paid and the property which would have been assessed for that cost has been omitted from the District 6 All other costs of the District, including the remainder of the cost of improvements already installed but not row paid for, the cost of construction of the icma ininq improvements to be in-talled, all costs of right-of-way and eagenent acquisition and engineer inq and similar addition- al costs as provided for in this ordinance shall be assessed against We various properties in the District in the percentage set forth on Exhibit A C Payment of the balance owing to Don keen Construction on -2- account of improvements already install-d by said contractor within the District (�24,000 00) is hereby also authorized Section 5 4hen the innrovPaiPnts her �in 31rthorizec have been rom- pleted and the sane approved and a,-cepted by the City of Fort Collins, the costs as set forth above snall be assessed upon the real property in said improvement district, all as herein provided For property onners electing to pay the assessments in installments, the assessments shall be payable over ten years in ten equal installments of principal plus accrued inter - est Interest shall be charged at the sane rate as payable on bonds issueo to pay the cost of the improvements Pursuant to the agreement entered into betr,een the property ovners and the City of Fort Collins relating to the creation of the wi tnin District and notwithstanding y16-25(A) of the Code of the City of Fort Collins relating to improvement districts, an allowance of 5% for the cost of collection and other incidentals shall not be allowed on any payment Section 6 This ordinance shall be irrepealable until all costs incurred by the District have been fully paid, satisfied and discharged Introduced, consider ea favorably on first reaaing, and orgered puo- lished this 29th day of January , A C 1980, and to be presented for final passaae on the 4th day of March ,_A D 80 r� ATTEST zCv Clerk Passed and rdopted on final readirq thi, 4th day of March , A D 19C0 , 1 ayor L� ATTTT City C er h -3- r Description of Properties to Comprise Storm Drainage District Percent of Cost Name of O�,ner Property Description Payable Creger Plaza , Ltd All of Creger Plaza Subdivision , except 28 01", Lots 1, 2 and 3 theteof , accoiding to the original plat (not the replat) of Creger Plaza SubJivision , a subdivision in the City of Fort Collins , Colorado Robert E Creger A tract of land situate in the Northeast 5 03.1 Quartet of Section 35 , Township 7 Nortn , Ranqe 69 [jest of the 6th P M . , City of Fort Collins, County of Latimet , State of Colorado , which considering the East line of said Northeast Quarter as oearing S 00°29 ' E and with all bearings contained herein relati✓e thereto, i5 contained within the boundary ltnes which begin at a point on the We, t line of U S High"ay No 287 wntch bears lI 89149 ' 40" L, 88 20 feet, and again S 00° 05 ' F 30 00 feet, and again S a5011' L 70 60 feet , and again S 00005 ' E 976 90 feet from the Northeast cornet of said Sectio,i 35, and run the-r— 71 Quo 55 + 'S" 4 400 00 f�-P' , tneice S 00'05 ' E 100 00 feet, thence S 89 ` 55 ' 45" F 400 00 -'-e` thence If 00005' W 100 00 feet to the point of oeginning Picnard C =uqua a d A tract o` land sitn to to the Northeast 7 A0% natricia 4 Fuqua 1/,' of Sectio-i 35, �o msnip 7 North, .J_ SC iin2 U� � c ll +JLC _cot 1/-+ d3 be -+_ ing S OC °29 ' F a+iJ with all bearings co _ained he,etn . _-Lati7e Lncre.D, is con - iincd s?ithin boun-idty lines wh1ch b,.In -II_ a no] nt on the jast2- 1 / ri iz-of- al,' Lin-- c{ Colo id-) �tace f lq T day 1\0 l lhll. feer anf, a7atz S 45"11 ' L 70 60 feet and again S 00°05 ' E 1276 90 feet from the Northeast corner of said Section 35 and run thence S 00105 ' E 200 00 feet along said westerly right-of-way line, thence N 89055145" W 886 12 feet to a point on the Easterly right-of-way line of the Colorado and Soutnern Railroad , thence N 01004 ' E 200 00 feet along said Easterly right-of-,gay line , thence S 89°55 ' 45" E 882 10 feet to the point of beginning G LI Rogers and D J A tract of land situate in the Northeast 7 43% Colling 1/4 of Section 35 , Township 7 Nortr , Range 69 'Vest of the 6th P M , Larimer County, Colorado, which considering the East line of said Fortneast 1/4 as bearing S 00'29 ' E and with all bearings contained herein relative thereto, begins au a point wnich bears S 00029 ' E 1956 80 feet and again N 89055 ' 45" W 51 2 feet and again N 00045 ' 'I 56 30 feet and again N 00005 ' VI 143 70 feet from the Northeast coiner of said Section 35 and tun thence N 00005 ' W 200 00 feet along the westerly right-of-,aay line of Colorado State Yigh ,av No 1, fnence N 89055 ' 45" Q 886 12 feet to a point on the Easterly right-of-way line of Colorado and Southern Railroad Co tnence S 0100d ' 17 200 00 feet along said East. ,ly iiaht-of o, _, Line, t'i > c. > 89055 ' 45" E 89n 1I Feet to the point of beginning South College A tract of land situate in the Northeast 7 47% Investrenus 1/4 of Section 35 , Township 7 North , Range 69 West of the 6th P ri , Larimer County, Color=do , inich considering the Ease line relative thereto, iiare pa, ticulai ly descrined as follois Beyin at a point Which bears S 00°29 ' L 1956 8 feet and again P 8 "55 ' 45" j' 51 2 feet from the Northe3SL corner of said Section 35 and run thane e 11 89°55 ' f5 ' 1 oat 80 f,et or, a line parallel vitn the c ,u' i line of said 14C 1/4 to a poi ,it on tn- -V-�tp, ly rtcncc-of-w-qv r line of the CGlorAao and Southern Railroad Cc , thence N 01'Od ' E 200 00 feet along said Easterly right-of-way line, thence S 89055 ' 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 6esterly right-of-way line, thence S 00045' E 56 30 feet along said Westerly right-of-way line to the point of beginning Lydia ii Collopy, All of Fossil Creef Commercial Plaza, a 30 67% Margaret M PeAton subdivision in the City of Fort Collins , and Francis W Collopy Colorado, lying West of the East right-of- as Executor of the way line of McClelland Drive (Mason Estate of May Troutman Street) as shown on the plat of said subdivision MGC Properties Two tracts of land situate in the SE 1/d of 3 41% the SE 1/4 of Section 35 , Townsnip 7 North, Range 69 [lest of the 6th P M , desciibed as follows Commencing at a point from which the SE corner of said Section 35 bears South 531 feet, thence Nortn 292 5 feet, thence West 267 8 feet to the former location of the East bank of the New Mercer Ditch , thence S 39003 ' 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 261 8 feet West and 823 5 feet Notto of the SF cornet of said Section 35, thence West 59 1 feet more oc less to the center of the New Mercer Ditcn , thence S 00002 ' W 292 5 feet more or less to a point due West of a point 531 feet Tiorth of tome SE coiner of said Section 3r; , thence East 286 9 feet more or leas to a FoAn-6 AC tact Writ and s31 fzet North of the SE corner of said, Section 35 , tf ence l orth 7 70' feet more of less to the Southresterly line of a tract deeded to Rose E Sta6 ey by deed Lecord ci in Boo} 1155 at Page 170 of the Latimer Countv rec.01 ('s ( thr' tract first debcrioeJ aoove) , thence toLthwestecly r al )n3 thC southiyestp-c ly boundary of such tract to the point of beginning Kensington Piopetties , Considering the South line of Section 35, 10 585 Ltd Township 7 North , Range 69 [lest of the 6th P [i , as bearing N 89053 ' W, and with all hearings herein relative thereto, beginninq at the Southeast corner of said Section 35 , thence N 89053 ' 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 01100 ' C along said trace 531 feet , thence S 89053 ' 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 Flicks Corporation by warranty deed recorded in Book 1577 at Page 712 of the Larimer County records