HomeMy WebLinkAbout1987-102-07/21/1987-DIRECTOR OF PUBLIC WORKS OAKRIDGE BUSINESS PARK SID NO. 91 RESOLUTION 87- 102
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 OAKRIDGE BUSINESS PARK SPECIAL IMPROVEMENT
DISTRICT NO. 91 , 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 OakRidge Business Park Special Improvement District
No . 91 (the "District" ) by the acceptance of the Petition of the
affected property owner in the area , ( the "Petitioner" ) and by
acceptance of the Resolution of the Council adopted on the2lst
day of July , 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
21st day of July , 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 Petitioner has waived all notice requirements
and certain other procedural requirements to which it 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 21st day of July , 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 drainage
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 in the Petition for the
District on file with the City Clerk and incorporated herein by
reference.
Section 5 . That the estimated total cost of the
Improvements in the District , including without limitation the
cost of acquiring, planning, engineering, and constructing the
Improvements (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 , 309 , 672 . 68 .
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
$168,512.57. 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
$3,141,160. 11), upon the completion of the Improvements , shall be
apportioned 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 Petitioner and in the manner set forth in
the Petition 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 .
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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 shall 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 21st day of July 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 Hall , 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 Petitioner in said District has 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 21st day of July 1987 .
Mayor
ATTEST:
City Clerk —�
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EXHIBIT "A"
Description of District Properties
A tract of land situate in Section 6 , Township 6 North, Range 68
West of the Sixth P.M. , Fort Collins , Larimer County, Colorado,
which considering the North line of the Northwest 1/4 of said
Section 6 as bearing S 890 37 ' 23" E and with all bearings
contained herein relative thereto is contained within the
boundary lines which begin at a point on the South right-of-way
line of Colorado Highway No. 68 which bears S 000 21 ' 27" E 28 . 01
feet from the North 1/4 corner of said Section 6 and run thence
along the said South right-of-way line of Colorado Highway No.
68 , S 890 40 ' 53" E 655 . 70 feet, and again S 880 41108" E 115 . 00
feet , and again S 870 10" 53" E 493 . 30 feet, and again S 840 31 '
53" E 29 . 70 feet, and again S 810 09 ' 23" E 93 . 76 feet to a point
on the West right-of-way line of the Union Pacific Railroad;
thence along the said West right-of-way line of the Union Pacific
Railroad, along the arc of a 3744 . 83 foot radius curve to the
right, a distance of 326 . 76 feet, the long chord of which bears S
120 00 ' 34 " W 326 . 66 feet , and again along said West
right-of-way, S 140 30 ' 38" W 947 . 10 feet, and again N 890 48 '
22" W 25 . 81 feet, and again S 140 30 ' 38" W 2147 . 22 feet ; thence
along the arc of a 830 . 00 foot radius curve to the right , a
distance of 234 . 51 feet, the long chord of which bears N 670 17 '
39" W 233 . 73 feet, thence N 590 12 ' W 600 . 00 feet , thence along
the arc of a 762 . 00 foot radius curve to the left , a distance of
418 . 93 feet, the long chord of which bears N 740 57 ' W 413 . 68
feet; thence S 890 18 ' W 200 . 00 feet; thence along the arc of a
1142 . 00 foot radius curve to the left, a distance of 597 . 95 feet ,
the long chord of which bears S 740 18 ' W 591 . 14 feet; thence S
590 18 ' W 200 . 00 feet; thence N 300 42 ' W 68 . 00 feet; thence
along the arc of a 15 . 00 foot radius curve to the right, a
distance of 23 . 56 feet , the long chord of which bears N 750 42 , W
21 . 21 feet; thence along the East right-of-way line of Wheaton
Drive, N 300 42 ' W 100 . 00 feet, and again along the arc of a
1262 . 40 foot radius curve to the right a distance of 1144 . 59
feet , the long chord of which bears N 040 43 ' 32" W 1105 . 79 feet,
and again long the arc of a 15 . 00 foot radius curve to the right ,
a distance of 24 . 15 feet, the long chord of which bears N 670 22 '
30" E 21 . 63 feet, and again N 230 30 , E 68 . 00 feet, and again
along the arc of a 15 . 00 foot radius curve to the right , a
distance of 24 . 15 feet, the long chord of which bears N 200 22 '
08" W 21 . 62 feet, and again along the arc of a 1262 . 40 foot
radius curve to the right , a distance of 157 . 51 feet, the long
chord of which bears N 290 19 ' 32" E 157 . 41 feet , and again N 320
54 ' E 485 . 44 feet to the boundary line of OakRidge Business Park ,
Second Filing , P.U.D. , thence along said boundary line, S
420 45 ' E 521 . 54 feet , and again N 470 15 ' E 151 . 00 feet , and
again N 020 15 ' E 89 . 10 feet , and again N 470 15 ' E 112 . 00 feet ,
and again N 420 45 ' W 476 . 57 feet , and again N 720 04 ' 25" W
87 . 82 feet to the East right-of-way line of Wheaton Drive; thence
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along said East line, along the arc of a 810 . 00 foot radius curve
to the left, a distance of 44 . 50 feet , the long chord of which
bears N 160 21 ' 08" E 44 . 50 feet, and again along the arc of a
1425 . 88 foot radius curve to the left, a distance of 498 . 62 feet ,
the long chord of which bears N 040 45 ' 37" E 496 . 09 feet , and
again long the arc of a 15 . 00 foot radius curve to the right , a
distance of 25 . 04 feet, the long chord of which bears N 420 33 '
35" E 22 . 23 feet, and again N 000 22 ' 37" E 68 . 00 feet, and again
N 890 37 ' 23" W 13 . 08 feet , and again along the arc of a 15 . 00
foot radius curve to the right , a distance of 21 . 06 feet , the
long chord of which bears N 490 24 ' 23" W 19 . 37 feet, and again
along the arc of a 1425 . 88 foot radius curve to the left, a
distance of 35 . 67 feet , the long chord of which bears N 090 54 ,
08" W 35 . 67 feet , and again N 100 37 ' 23" W 150 . 00 feet, and
again long the arc of a 323 . 49 foot radius curve to the right , a
distance of 62 . 11 feet , the long chord of which bears N 050 07 '
23" W 62 . 01 feet, and again N 000 22 ' 37" E 90 . 00 feet, and again
along the arc of a 15 . 00 foot radius curve to the right, a
distance of 23 . 56 feet, the long chord of which bears N 450 22 '
37" E 21 . 21 feet to the South right-of-way line of Colorado
Highway No. 68 ; thence along said South line, S 890 37 ' 23" E
897 . 37 feet to the boundary line of the Harmony Cemetery; thence
along said boundary line S 000 21 , 27" E 303 . 99 feet, and again S
890 37" 23" E 313 . 50 feet , and again N 000 21 ' 27" W 301 . 99 feet
to the point of beginning , containing 168 . 8956 acres more or
less .
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