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HomeMy WebLinkAbout1987-069-05/19/1987-CENTRE FOR ADVANCED TECHNOLOGY DIRECTOR OF PUBLIC WORKS SID NO. 90 RESOLUTION 87- 69 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS ON THE ESTIMATES, COSTS , AND ASSESSMENTS FOR THE CENTRE FOR ADVANCED TECHNOLOGY SPECIAL IMPROVEMENT DISTRICT NO . 90 , APPROVING THE DETAILS AND SPECIFICATIONS FOR SUCH PROPOSED DISTRICT, DETERMINING THE AMOUNT OR PROPORTION OF THE TOTAL COST TO BE PAID BY A METHOD OTHER THAN ASSESSMENT AGAINST PROPERTY IN THE DISTRICT, THE NUMBER OF INSTALLMENTS , AND THE TIME WITHIN WHICH THE COST OF THE IMPROVEMENTS ASSESSED AGAINST THE PROPERTY IN THE DISTRICT WILL BE PAYABLE, THE RATE OF INTEREST TO BE CHARGED ON UNPAID INSTALLMENTS, THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE METHOD OF MAKING SUCH ASSESSMENTS, AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS. WHEREAS , heretofore the City Council ( the "Council" ) of the City of Fort Collins, Colorado ( the "City" ) , began proceedings to establish the Centre for Advanced Technology Special Improvement District No. 90 (the "District" ) by the acceptance of the Petitions of affected property owners in the area , ( the "Petitioners" ) and by acceptance of the Resolution of the Council adopted on the 19th day of May, 1987 , directing the Director of Public Works to prepare and present to the Council a map of the District, plans and specifications of the proposed District improvements , and estimate of probable total costs thereof; and WHEREAS , the Director of Public Works , pursuant to said Resolution, has made his report and has presented the details and specifications for the proposed District to the Council on the 19thday of May, 1987; and WHEREAS, the Council has examined such plans , estimate of costs , maps and other documents, and has found and does hereby find the same to be sufficient; and WHEREAS, the Petitioners have waived all notice requirements and certain other procedural requirements to which they would otherwise be entitled, pursuant to Chapter 16 of the Code of the City (the "Code" ) . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS : Section 1. That the report , plans and specifications , map and estimate of the probable total cost as prepared by the Director of Public Works and heretofore filed with the City Clerk and presented to the Council on this 19th day of May, 1987 , for the District, be and the same hereby are, accepted, approved, and adopted . Section 2 . That the improvements to be constructed in said District shall consist generally of street pavement , curb, gutters , sidewalks, street lighting, landscaping, landscaped median islands, water mains , sanitary sewer lines , storm drainge improvements , and other necessary appurtenances , ( the " Improvements" ) , said Improvements being more specifically described in the District Engineering Report on file with the City Clerk. Section 3 . That the property to be assessed in the District is set forth on Exhibit "A" attached hereto and incorporated herein by reference (the "Property" ) . Section 4 . That the method of assessment for the cost of the Improvements shall be as set forth on Exhibit "B" attached hereto and incorporated herein by reference. Section 5 . That the estimated total cost of the Improve- ments in the District, including without limitation the cost of acquiring, planning, engineering, and constructing the Improve- ments (but excluding legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefited, financing and other costs to the District) , as shown by the estimate of probable total cost, as made by the Director of Public Works , is $3 , 310 , 000 . Section 6 . That the estimated amount or proportion of the total probable cost of the Improvements to be paid by the City at large and not by assessments against property in the District , is $1 , 054 , 600 . The foregoing constitutes the maximum obligation of the City, notwithstanding that costs might exceed estimates heretofore submitted, unless appropriation is made therefor . The balance of the total actual cost in the District (estimated to be $2 , 255 , 400 ) , except those costs which are the obligation of the City pursuant to the City Code or the Master Agreement among the City and Petitioners dated July 23, 1987, shall be apportioned upon the completion of the Improvements 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 properties benefited, financing and other incidental. costs to the District. Assessments shall be levied by an assessing ordinance. Such assessments shall be a lien until paid in the several amounts assessed against each lot, tract or parcel of land. The cost of acquiring , constructing, or otherwise installing the Improvements in the District, together with all costs incurred in formation and financing of the District , shall be assessed against those lots , tracts or parcels of land owned by the Petitioners and in the manner set forth in the Petitions for the District on file with the City Clerk. The total of all aggregated assessments shall be sufficient to cover the portion of the total cost of the Improvements to be defrayed by special assessments. 2 Section 7 . After any such lot, tract or parcel 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 lot , 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 lot, tract or parcel as so divided into smaller parcels or other property interests. The entire unpaid principal of such assessment or reallocated assessment , as the case may be, together with interest accruing thereon 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 have 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 such lot, tract or parcel , or portion thereof , if such lot, tract or parcel shalt 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 lot, tract or parcel , or portion thereof , as the case may be, shall continue to be a lien thereon. Section 8 . Said assessments shall be payable in not more than fifteen ( 15) equal annual installments with the interest on the unpaid installments to be the same as the interest rate payable on the bonds which interest rate shall not exceed eighteen percent ( 18%) per annum. Section 9 . That on the 19th day of May, 1987 , at the hour of 6 : 30 p.m. or as soon thereafter as the matter may be heard in the Council Chambers of the City Hal]. , City of Fort Collins, Colorado, the Council will consider the ordering by ordinance of the proposed improvements and hear all complaints and objections that may be made and filed in writing concerning the proposed Improvements by the owners of any real estate to be assessed and any other interested persons . Section 10 . That the Petitioners in said District have waived all notice requirements pursuant to Chapter 16 of the Code. PASSED AND ADOPTED at a regular meeting of the Council of the City of Fort Collins this 19th day of May 1987. or A'PTES�T�Q� V `J City C1 EXHIBIT A Properties to be Assessed in the District OWNER Colorado State University Research Foundation ( "CSURF") Descrlptlont A tract of land located in the Southwest Quarter of Section 230 Township 7 North, Range 69 West of the 6th P.M. , City of Fort Collins, County of hartmer, State of Colorado being more par- ticularly described as follows) Considering the South line of the Southwest Quarter of said Sec- tion 23 as bearing North 89'25151" West, from a found steel pin in pavement at the South Quarter corner of said Section 23 to a found P.K. nail at the Southwest corner of said Section 23 and with all bearings contained herein relative thereto. Commencing at the South Quarter corner of said Section 231 thence along the North-south centerline of said Section 230 North 0'18'37" East, 50.00 feet to the POINT OF BEGINNING said Point of Beginning being on the North right-of-way line of Drake Roads thence along said right-of-way, South 89'25t56" Best, 209.58,feet to a point of a curve concave to the Northeast, having a central angle of 90'00100", a radius of 25,00 feet and the chord of which bears North 44.25156" West, 35.36 fasts thence along the arc of sold curve 39.27 feats thence, North 0.34104" East, 160.31 feet feet to a point on a curve concave to the Southwest, staving a central angle bf 27'44115", a radius of 644.00 feet and the chord of which bears North 13'18'04" West, 308.73 fasts thence, along the arc of said curve 311,77 fasts thence, North 27010111" West, 244.34 feet to a point on the North-South centerline of said Sec- tion 231 thence, along said North-South centerline North 00 18' 37" East, 1893.01 feet to the Center Quarter corner of said Section 231 thence, along the Bast-West centerline of said Sec- tion 23, North 89.19'35" Wast, 2607.16 feet to a point on the East right-of-way of South Shields Streets thence, along the avid right-of-way, South 0'10029" Bast, 398,90 festl thence, South 0' 15122" West, 362.23 feet to a point on a curve concave to the East, having a central angle of 2'3010110 a radius of 3950.00 feet and the chord of which bears, South 1'00'13" Bast, 173.67 feet{ thence, along the arc of said curve 173.69 fasts thence, South 2. 15048" East, 211.40 feet to a point on the centerline of the New Nercer Canals thence along said centerline North 62• 23'20" East, 37.78 feat{ thence, North 65.21125" East, 140.77 feats thence, North 51'30'43" Bast, 26,53 fasts thence, North 23• 06' 18" East, 21.55 feats thence, North 02'14144" Bast, 119. 11 feet{ thence, .,North 27.38004" East, 62.12 feats thence, North 56• 58'00" East, - 53.37 feats thence, North 68.06134" East, 142.36 feet{ thence, North 77'53154" East, 64.81 feats thence, North 60' 19'04" East, 84.52 feats thence, North 78.27147" Bast, 11.83 feat) thence, South 89.23133" Bast, 75.24 fasts thence, North 84' 19127" East, 295,81 feed thence, South 85.43153" Bast, 60.03 feet; thence, South 69.38614" East, 62.82 fasts thence, South 02' 23157" East, 85.71 feats thence, South 03.37044" Nest, 108.26 feet► thence, South 02.33019" Bast, 63.63 fast► thence, South 32' 44' 18" East, 46.52 feet► thence, South 51*33115" East, 108.88 feet{ thence. South 12047135" East, 87.57 feet{ thence, South 78' 28'04" East, 36.07 fast► thence, South 88104014" East, 37.02 feet; thence, North 80131034" East, 38.04 feet► thence, North 73' 45'33" East, 101.89 feet{ thence, North 78010144" East, 124.09 feet{ thence, North 79022105" East, 56.84 feat► thence, North 70' 06'26" East, 56.31 feet{ thence, North 67108157" East, 65.66 feet► thence, South 62007027" East, 52.97 feet► thence. South 49' 40'03" East, 41.63 feat{ thence, South 29006116" East, 87.81 feet; thence, South 19030100" East, 54.23 feet► thence, South 00' 05' 15" Nest, 34.29 feet► thence, South 14053140" Nest, 33.64 feet to a point on a curve concave to the Northwest, having a central angle of 04134'08", a radius of 1284.00 feet and the chord of which bears, North 51436103" East, 102.36 feet{ thence leaving said centerline and along the are of said curve, 102.39 feet to a point on a curve concave to the South, having a central angle of 90' 47127110 a radius of 20.00 feet and the chord of which bears South 85017118" East, 28.48 feat{ thence along the are of said curve 31.69 feet► thence, South 39053134" Bast, 262.07 feet to a point on a curve concave to the Southwest having a central angle of 12. 43'23", a radius of 376,00 feet and the chord of which bears South 33.31153" East, 127.64 feet► thence along the,arc of said curve 127.91 teat► thence South 27.10011" East, 646.44 feat► thence, South 39.55'06" Nest, 562.34 feet to a point on the cen- terline of said New Mercer Canal► thence along said centerline, South 31.39'28" East, 44.87 fast► thence, South 37126123" East, 103.03 feet to a point on the North right-of-way of Drake Roadl thence along said right-of-way, South 89025151" Bast, 271.81 feet to the Point of Beginning. The above described tract of land contains 67.160 acres more or lees. OWNER Everitt Enterprises Limited Partnership. No. 1 ("Everitt" ) Descriptlont A tract of land located in the Southwest Quarter, of Section 23, Township 7 North, Range 69 West of the 6th P.M., City of Port Collins, County of Larimer, State of Colorado being more par- ticularly described as followal Considering 'the South line of the Southwest Quarter of said Sec- tion 23 as bearing North 89025031" West from a found steel pin in pavement at South Quarter corner of said Section 23 to a found P.K. nail at the Southwest corner of said Bastion 23 and with all bearings contained herein relative thereto. Commencing at i Jouthwast corner of said Sac m 231 thence, South 89'25'51" East, 50.00 feats thence, North 0.15122" East, 50.00 feet to the POINT Of BEGINNING, sold Point of Beginning being on the Easterly right-of-way line of South Shields Street and the Northerly right-of-way line of West Drake Road, thence along the said East right-of-way line of South Shields Street, North 0'15'22" East, 185.54 feats thence departing said right-of- way, North 88*24120" East, 19.79 feats thence, North 68*11122" East, 88.72 feet; thence, North 0'15'22" East, 366`50 fasts thence, North 89*44138" West, 102.00 feet to a point on the said East right-of-way line of South Shields Streets thence along the East right-of-way, North 0*15122" East, 56.09 feet; thence. North 2'36'50" East, 436.28 feet to a point on a curve concave to the West having a central angle of 4*5213811, a radius of 4050.00 feet and the chord of which bears North 0.10131" East, 344.65 feats thence along the are of said curve 344.76 feats thence North 2' 15'48" West, 30.77 feat to ■ point on the centerline of the New Mercer Canals thence along said centerline North 62' 23'20" East, 57.78 feats thence, North 65.21125" Bast, 140.77 feats thence, North 51.30143" Bast, 26.53 feats thence, North 23• 06118" East, 21.55 feats thence, North 02.14144" East, 119.11 feet; thence, North 27.38104" Bast, 62.12 feats thence, North 56' 58'00" East, 33.37 feat; thence, North 68.06034" Bast, 142.36 feats thence, North 77.53154" Bast, 64.81 fasts thence, North 60' 19'04" East, 84.52 feats thence, North 78.27147" East, 71.83 feats thence, South 89.23133" Bast, 75.24 feats thence. North 84' 19'27" East. 295.81 feats thence, South 85145053" Bast, 60.03 tests thence, South 69'38114" Bast, 62.82 feats thence, South 02' 23'57" East, 85. 71 feats thence, South 03*37144" West, 108.26 feats thence, South 02.53019" Bast, 63,63 fasts thence. South 321 44' 18" East,` 46.52 feats thence, South 51.33115" East, 108.88 feet{ thence, South 72.47155" Bast, 87.57 fasts thence, South 78' 28'04" East, 36.07 feats thence, South 88.04114" East, 37.02 feet{ thence. North 80.31'54" Bast, 38.04 fasts thence, North 73' 45'33" East, 101.89 feats thence, North 78.10144" Bast, 124.09 feet; thence, North 79'22105" Bast, 56.84 feats thence, North 70' 06'26" East, 56.31 feats thence, North 87108057" East, 65.66 feats thence. South 62007'27" Bast, 32.97 feats thence, South 49' 40'03" East, 41.63 feet► thence, South 29.06116" East, 87.81 feats thence, South 19030100" Bast, 34.23 feats thence, South 00' 05' 15" West, 34.29 feats thence, South 14*53140" West. 33.64 feet to a point on a curve concave to the Northwest, having a central angle of 04. 3400811, a radius of 1284.00 feat and the chord of which bears, North 51.36103" Bast, 102.36 feats thence leaving said centerline and along the are of said curve, 102.39 feet to a point on a curve concave to the South, having a central angle of 90.47'27", a radius of 20,00 feet and the chord of which bears South 85.17118" Bast, 26.48 feats thence along the arc of said curve 31.69 fasts thence, South 39053134" Bast, 262.07 to a point on a curve concave'to the Southwest having a central angle of 12' 43123"6 a radius of 376.00 feet and the chord of which bears South 33.31153" Bast, 127.64 feet; thence along the arc of said curve 137.91 feats th6nes South 27010'11" East, 646.44 feats thence, South 39.55106" Waste 362.54 feet to a point on the cen- terline of said Now Mercer Canals thence along said centerline, South 31.39'28" 1 44,61 tests thence, South 126023" East, 103.03 feet to a point on the North right-of-way of Drake Roads thence along said right-of-wayp North 89.25151" West, 2332.87 feet to the Point of Beginning. The above described tract,of land contains 89.106 acres more or leas. OWNERt Sam C. Aranai ( "Aranci" ) Descriptiont A treat of land located in the Southeast Quarter of Saction 22, Township 7 North. Range 49 Nest of the 6th P.M. , City of Fort Collins, County of Larimar, State of Colorado being more par- ticularly described as followai Considering the South line of the Southwest Quarter of said Sec- tion 23 an bearing North 89.2513111 Nest from a found steel pin in the pavement at the South Quarter corner of said Section 23 to a found P.K. nail at the Southwest corner of said Section 23 and with all bearings contained herein relative thereto. J Commencing at the Southeast corner of said Section 221 thence, along the East line of the Southeast Quarter of said Section 22 North 0.15'22" Beat, 1324.80 feet to the North line of .the Southeast quarter of the Southeast Quarter of said Section 221 thence, slong.•said North line, North 89.17000" West, 50.00 feet to the POINT OF BEGINNING{ thence, continuing along said North line, North 89.17108" Want, 600.18 feet to the Southerly right- of-wey of the New Mercer Ditch{ thence, along the said right-cf- way, North 35.31'22" East, 78.38 feet{ thence. North 32.44157" East, 263. 74 fasts thence, South 59.43138" last. 160.26 fasts thence, South 73.41138" But, 119.06 feet{ thence, North 87• 30122" East, 92.50 feet' to a point on the West right-of-way of South Shields Streets thence, along said right-of-way, South 09 15122" East, 120.89 feet to the Point of Beginning. The above described treat of land contains 1,926 acres more or less. OWNER: Seattle First National Bank, Federal Deposit Insurance Corporation as Receiver for Penn Square Bank, N.A. ( "Seattle/FDIC" ) Description: A tract of land situate in the Northwest Quarter of Section 23, Township 7 North, Range 69 West of the 6th Principal Meridian, County of 6arimer, state of Colorado, said tract being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 23 as bearing North 00000100" Bast, and with all bearings contained herein relative thereto; Commencing at the West Quarter corner of section 23; Thence North 00000'00" Bast, along the West line of section 23, 875.00 feet to the TRUE POINT OF BEGINNING. Thence continuing along said West line of Section 23, North 00000 , 00" Bast, 1110.03 feet; Thence south $9041100" Bast, 1085.12 feet; thence Southwesterly 118.46 feet along the are of a curve concave to the Southeast having a central angle of 13005' 58" , a radius of 518.12 feet and the long chord of which bears South 83046' 01" West, 118.20 feet; thence South 10026'00" Bast, 153.83 feet; thence Southeasterly 282.73 feet along the are of a curve concave to the Northeast' having a central angle of 24022137", a radius of 664.52 feet and the long chord of which bears South 22037 ' 18" Bast, 280.60 filet; thence south 55011'23" West, 20.95 feet; thence South 07034120" East, 410.01 feet; thence South 05058 ' 02" Bast, 103.53 feet; thence North 52059135" West, 174.77 feet; thence North 23007157" West, 9.43 feet; thence North 73022'04" West, 13.49 feet; • thence North 52059' 35" West, 71.89 feet; thence Westerly 366.27 feet along -the are of a curve concave to the south having a central angle of 52027149" , a radius of 400.00 feet, and the long chord of which bears North 87039'05" West, 353.60 feet; thence south 66007'00" West, 227.06 feet; thence south 67045'00" Waste 95.00 feet; thence South 44008120" West, 213 .28 feet; thence south 59000'00" Wsst, 105.00 feet; thence North 90000'00" Waste 50.00 feet to the TRUE POINT OF BEGINNING. said tract contains 21.17 acres. EXHIBIT B Method of Assessment The cost of acquiring, constructing or otherwise installing improvements in the District, except those to be paid by the City-at-large, shall be assessed against the properties in the District as follows : PHASE 1 IMPROVEMENTS Shields Street Improvements - Phase 1 ( 1) The cost of the realignment, regrading, construction and installation of Shields Street from the northern boundary of CSURF' s property in the District south approximately 1, 700 feet to a width of seventy feet from flow line to flow line and including asphalt, base course, curb, gutters, street lighting, landscaping ( tree removal , tree planting , reseeding and irrigation) and detached sidewalks five feet in width, shall be assessed against the property in the District on a lineal front footage basis, so that the assessment against each piece of property shall be in the proportion that the front footage of such piece of property bears to the total front footage along Shields Street and within District boundaries except for those costs of such Shields Street improvements adjacent to the properties owned by Roy and Lucie Carpenter and by Raintree Associates which shall be assessed one-third against CSURF' s property and two-thirds against Everitt ' s property. ( 2) The cost of the removal of an existing box culvert at the New Mercer Ditch crossing and replacement with a five-foot by twenty foot concrete box culvert approximately ninety feet in length shall be assessed one-fourth against the Everitt property and one-fourth against the CSURF property. ( 3 ) The total cost of the extension eastward approximately fifteen feet of an existing box culvert at Larimer No. 2 Ditch crossing shall be assessed against the CSURF property. Interior Improvements - Everitt Property The cost of acquiring , constructing or otherwise installing interior improvements in the District on property owned by Everitt including street pavement , curb, gutter , sidewalks, street lighting and related water , storm drainage and sanitary sewer improvements as described in Exhibit A to Resolution 87- and in the Engineering Report for the District on file with the City Clerk, shall be assessed upon those lots and lands in the District owned by Everitt on an area basis so that the assessment against each lot and piece of property assessed shall be in the proportion that the square footage of each lot or piece of property owned by Everitt bears to the total square footage of Everitt ' s assessable property in the District. Interior Improvements - CSURF Property The cost of acquiring, constructing or otherwise installing interior improvements in the District on property owned by CSURF including street pavement, curb, gutter , sidewalks, street lighting and related water , storm drainage and sanitary sewer improvements as described in Exhibit A to Resolution 87- and in the Engineering Report for the District on file with the City Clerk , shall be assessed upon those lots and lands in the District owned by CSURF on an area basis, so that the assessment against each lot and piece of property assessed shall be in the proportion that the square footage of each lot or piece of property owned by CSURF bears to the total square footage of CSURF' s assessable property in the District. PHASE 2 IMPROVEMENTS Shields Street Improvements - Phase 2 The cost of the realignment, regrading, construction and installation of the east half of Shields Street adjacent to Windtrail Condominiums P.U.D. in the District to a width of thirty-five feet from flow line to flow line and including asphalt, base course, curb, gutter , street lighting, landscaping (tree removal , tree planting, reseeding and irrigation) , a deceleration lane and detached sidewalks five feet in width shall be assessed on a unit basis against the property owned by Seattle/FDIC in the District and approved by the City for residential uses , so that the assessment against each unit assessed shall be equal to that assessment made against each other unit owned by Seattle/FDIC in the District and on a square footage basis against the property owned by Seattle/FDIC in the District and approved by the City for commercial uses so that the assessment against each piece of property assessed shall be in the proportion that the square footage of each such piece of property bears to the total square footage of Seattle/FDIC ' s assessable property in the District .