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 .