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Home My WebLink About2005-083-07/19/2005-APPROVING PRELIMINARY REPORT OF THE DIRECTOR OF COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES FOR TI RESOLUTION 2005-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PRELIMINARY REPORT OF THE DIRECTOR OF COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES FOR TIMBERLINE AND PROSPECT SID NO. 94,THE PROPERTY TO BE ASSESSED FOR THE IMPROVEMENTS, THE ASSESSMENT METHOD AND THE DATE WHEN THE COUNCIL WILL HOLD A HEARING AND CONSIDER THE ORDERING BY ORDINANCE OF THE PROPOSED IMPROVEMENTS WHEREAS, Chapter 22, Article III of the City Code empowers the City of Fort Collins, Colorado (the "City") to establish special improvement districts, and sets forth procedures and requirements for forming and organizing special improvement districts and providing for the improvements to be constructed thereby and for the assessment of costs associated with those improvements; and WHEREAS, heretofore the City Council (the "Council") began proceedings to establish Timberline and Prospect SID No. 94 (the 'District") by the acceptance of the petitions of affected property owners in the area (the 'Petitions") through its adoption of Resolution 2003-122, on November4,2003,which directed the Director of Community Planning and Environmental Services to prepare and present to the Council preliminary plans and specifications for the proposed District improvements, an estimate of the probable total cost of those improvements, and a map of the District; and WHEREAS,the Director of Community Planning and Environmental Services,pursuant to Resolution 2003-122, has made his report and has presented the details and specifications for the proposed District to the Council on the 19th day of July, 2005 (the "Report"); and WHEREAS, the Council has examined such plans, estimate of costs, maps and other documents, and has found the same to be sufficient; and WHEREAS,the Council desires to proceed with the process for the formation of the District. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Report,including the plans and specifications, map and estimate of the probable total cost as prepared by the Director of Community Planning and Environmental Services and heretofore filed with the City Clerk and presented to the Council on this 19th day of July, 2005, for the District, is hereby accepted, approved, and adopted. Section 2. That the nature and location of the District improvements (the "Improvements") to be assessed against property in the District shall be as set forth in the Petitions, Resolution 2003-122, and the Report. Section 3. 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 benefitted, financing costs, and other incidental costs to the District), as shown by the estimate of probable total cost, made by the Director of Community Planning and Environmental Services,is Two Million Five Hundred Thousand Dollars($2,500,000). Section 4. That the property to be assessed in the District(the "Property") shall consist of tracts or lots as described more fully on Exhibit"A" attached hereto and incorporated herein by this reference. Section 5. That the total actual cost to the District, 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 the cost of the Improvements together with additional assessments for legal and advertising costs, interest during construction and until assessments are made by ordinance against the properties benefitted, financing costs, and other incidental costs to the District. Section 6. Assessments against individual parcels of property in the District 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 the Improvements, together with all costs incurred in formation and financing of the District, shall be assessed on the basis of the total P.M. peak hour trips that each parcel of property in the District contributes to the intersection of Timberline Road and Prospect Road, irrespective of the size of each such lot, tract or parcel, or the amount of street footage adjacent to the same. The total of all aggregated assessments shall be sufficient to cover the portion of the total costs of the District to be defrayed by such special assessments. Section 7. If 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 size of such smaller parcel or other property interest bears to the original size of the lot, tract or parcel. 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 not to exceed twelve percent(12%)per annum. Section 9. That on the 16th day of August, 2005, at the hour of 6:00 p.m. or as soon thereafter as the matter may be heard in the Council Chambers of the City Hall of the City of Fort Collins at 300 LaPorte Avenue in 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of July, A.D. 2005. May ATTEST: NO.M� �� - t City Clerk Exhibit"A" Resolution 2005-083 OWNER NAME &ADDRESS PS-TIMBERLINE LAKES,LLC 103 W MOUNTAIN AVE FORT COLLINS,CO 80524 LEGAL DESCRIPTION TR 3,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;LESS 98051260;&POR VAC HOFFMAN MILL RD PER 98091889 OWNER NAME &ADDRESS PS-TIMBERLINE LAKES,LLC 103 W MOUNTAIN AVE FORT COLLINS,CO 80524 PROPERTY ADDRESS 1100 S COUNTY RD 11 FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;&POR VAC HOFFMAN MILL RD PER 98091889 OWNER NAME& ADDRESS USTL,LLLP(1/4)/DCW TL,LLC(1/4) MMM TL,LLC(1/6)/DPV TL,LLC(1/6) DNT TIMBERLINE LAKES,LLC(1/6) 760 WHALERS WAY,BUILDING A-200 FORT COLLINS,CO 80525-3373 LEGAL DESCRIPTION PART OF TR 1,CACHE LA POUDRE INDUSTRIAL PARK PUD,FTC;DESC AS COM AT SE COR TR 1,CACHE LA POUDRE INDUSTRIAL PRK PUD;TH S 89 13' 10"W 23.27 FT TPOB;TH S 89 13' 10"W 105.67 FT;S89 17' 27"W 455.27 FT;TH N 18 05' 15"W 420.88 FT;TH N 72 48' 31"E 348.27 FT;TH S 82 32' 19"E 363.15 FT TO PT 23.27 FT W OF E LN SD TR 1;TH S 00 09'21"W 448.79 FT TPOB (CONT 6.761 AC M/L) OWNER NAME & ADDRESS SHARP POINT PROPERTIES,LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 PROPERTY ADDRESS 2120 MIDPOINT DR FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 6, SPRING CREEK CENTER PUD,FTC(2001019523) OWNER NAME & ADDRESS SHARP POINT PROPERTIES,LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 PROPERTY ADDRESS 1615 SPECHT POINT RD FORT COLLINS,CO 80525 - 1 - LEGAL DESCRIPTION LOT 7,SPRING CREEK CENTER PUD,FTC(2001019523) OWNER NAME &ADDRESS SHARP POINT PROPERTIES,LLC 4875 PEARL EAST CR 300 BOULDER,CO 80301 PROPERTY ADDRESS 1600 E PROSPECT RD FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 5,PROSPECT PARK EAST,PUD,FTC OWNER NAME & ADDRESS ANDERSON,TODD I REGAN, ANTHONY P 305 W MAGNOLIA 204 FORT COLLINS,CO 80521 PROPERTY ADDRESS 2601 CANTON CT FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 11,PROSPECT INDUSTRIAL PARK,FTC OWNER NAME& ADDRESS POSTLE DEVELOPMENT CO 6800 79TH ST STE 201 NIWOT,CO 80503 LEGAL DESCRIPTION OUTLOT A,SIDEHILL SUBDIVISION,FTC(20030144107) OWNER NAME & ADDRESS INTEGRATED EQUITIES, INC. (.25) TEMPLE,W I(.25) FLEMING,A W(.50) PO BOX 272549 FORT COLLINS,CO 80525 PROPERTY ADDRESS 1945 S TIMBERLINE RD FORT COLLINS,CO 80525 LEGAL DESCRIPTION TR IN NE 1/4 19-7-68,BEG AT PT ON W LN TIMBERLINE RD WH BEARS S 0 19' 30"W 1631.19 FT,S 88 38' 30"W 30 FT,S 0 19' 30"W 542.4 FT FROM NE COR,S 89 32' W 467.14 FT,S 0 37' E 100 FT,N 89 22,E 198.11 FT,S 0 39' E 258.35 FT,N 89 30' 30"E 263 FT,N 0 19' 30"E 357.69 FT TPOB CONT 2.6382 AC MIL(SPLIT FROM 8719100 003) -2 - OWNER NAME & ADDRESS FLEISCHLI ENTERPRISES 7824 SOUTH COLLEGE AVENUE FORT COLLINS,CO 80525 LEGAL DESCRIPTION PAR IN E 1/2 19-7-68 BEG AT PT WH BEARS S 0 19' 30"W 1631.19 FT,S 88 38' 30"W 30 FT,S 0 19' 30"W 1088.41 FT FROM NE COR,S 89 30' 30"W 1024.06 FT TO E LN OF UPRR,S 0 24' 20"W 300 FT,N 89 30' 30"E 1024.48 FT TO PT ON W LN OF TIMBERLINE RD,N 0 19' 30"E 300 FT TOPB CONT 7.06 AC M/L(SPLIT FROM 87190 00 001),FTC OWNER NAME & ADDRESS SC GROUP INVESTMENTS,LLC 6300 S SYRACUSE WAY STE 293 ENGLEWOOD,CO 80111 LEGAL DESCRIPTION E 1/2 19-7-68;LESS 35 AC MIL TO CITY OF FTC, 32 AC UPRR, 10 AC C&S RR,4 AC DRY CREEK,TR IN NE 1/4 OF NE 114 19-7-68 LOCATED E OF C&S RR R/W&S OF SPRING CREEK DITCH,LESS 1162-257, 1401-354 &355, 1488-208, 1382-158, 1700-433, 1913-547,2050-178,88048248,FTC;LESS ROW PER 2001007023 (EX"A" PG 1 OF 4);AKA TR IN SE 19-7-68,BEG S 0 29'55"W 367.93 FT FROM E 1/4 COR,S 0 29' 55"W 2284.06 FT,S 89 53' 54"W 1056.8 FT,N 0 28' 22"E 2276.85 FT,N 89 30' 30"E 1057.94 FT TPOB;LESS 20040071169;LESS RD ROW PER 20040071172 OWNER NAME & ADDRESS CITY OF FORT COLLINS POLICE FACILITY LEGAL DESCRIPTION A tract of land located in the Southeast Quarter of Section 19,Township 7 North,Range 68 West of the 6"Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado and being more particularly described as follows: Considering the east line of the Southeast Quarter of Section 19,Township 7 North,Range 68 West,as bearing North 00*01'49"West and with all bearings contained herein relative thereto. Commencing at the Southeast corner of the aforementioned Section 19,thence along the East line of the Southeast Quarter of said Section 19,North 00'01'49"West 1301.57 feet,thence departing said section line South 89'58'l 1"West 30.00 feet,to a point on the east line of a 20 foot easement as described at Reception No. 89001023,Clerk and Recorders Office of Larimer County,Colorado,said line also being the west right of way line for Larimer County Road 11 (also known as Timberline Road),and being the POINT OF BEGINNING,thence along said west right of way line North 00'01'49"West 724.93 feet,thence South 89'58'11"West 52.40 feet to the beginning of curve concave to the northwest, having a radius of 15 feet,a central angle of 90°00'00"and a chord bearing South 44*58'11"West 21.21 feet,thence along the arc of said curve 23.56 feet,thence South 89'58'11"West 594.10 feet,thence South 00*01'49"East 709.93 feet,thence North 89*58'11"East 661.50 feet to the POINT OF BEGINNING. The above described parcel contains 10.800 acres,more or less,and is subject to all easements and rights of way now on record or existing. OWNER NAME & ADDRESS BUILDING A,LLC 141 S COLLEGE AVE SUITE 103 FORT COLLINS,CO 80524 LEGAL DESCRIPTION LOT 1,CENTERPOINT PLAZA,FTC(20030128022) 3 - OWNER NAME & ADDRESS GYPRO PROPERTIES,LLC 1400 E 61ST ST DENVER,CO 80216 LEGAL DESCRIPTION LOT 2,CENTERPOINT PLAZA,FTC(20030128022) OWNER NAME & ADDRESS KERNAGHAN,JIM 6118 NORMANDY CT FORT COLLINS,CO 80525 PROPERTY ADDRESS 2025 SHARP POINT DR FORT COLLINS,CO 80525 LEGAL DESCRIPTION LOT 16,PROSPECT INDUSTRIAL PARK,FTC OWNER NAME & ADDRESS COWEN TRANSFER AND STORAGE CO PO BOX 7265 COLORADO SPRINGS,CO 80933-7265 LEGAL DESCRIPTION LOT 17,PROSPECT INDUSTRIAL PARK,FTC OWNER NAME & ADDRESS LYNCH,MARJORIE C,MARITAL TRUST 3705 CUMULUS VIEW COLORADO SPRINGS,CO 80904 LEGAL DESCRIPTION LOT 18,PROSPECT INDUSTRIAL PARK,FTC OWNER NAME & ADDRESS BGJR LARIMER,LLC(66) G B VENTURES LLP(34) 4875 PEARL EAST CB2 BOULDER,CO 80301 LEGAL DESCRIPTION LOT 19,PROSPECT INDUSTRIAL PARK,FTC -4-