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HomeMy WebLinkAbout2007-073-08/21/2007-ACCEPTING THE IMPROVEMENTS IN THE TIMBERLINE AND PROSPECT SID #94, THE STATEMENT OF THE CITY ENGINEE RESOLUTION 2007 -073 OF THE COUNCIL OF THE CITY OF FORT COLLINS ACCEPTING THE IMPROVEMENTS IN THE TIMBERLINE AND PROSPECT SID#94, THE STATEMENT OF THE CITY ENGINEER SHOWING THE COST OF SAID DISTRICT AND THE ASSESSMENT ROLL PREPARED BY THE FINANCIAL OFFICER FOR SAID DISTRICT WHEREAS,the Council ofthe Cityof Fort Collins,Colorado(the"Council')has heretofore duly adopted Resolution 2003-122,Resolution 2005-083 and Ordinance No. 090, 2005,of the City for the purpose of creating the Timberline and Prospect SID #94 of the City(the"District'); and WHEREAS, the District was created by the Council as a means of allocating the costs of certain improvements to the intersection of Timberline and Prospect Roads among the owners of neighboring properties that would especially benefit from the construction of said improvements; and WHEREAS, said improvements were to include street pavement, curb, gutters, sidewalks, street lighting, landscaping, landscaped median islands, water mains, sanitary sewer lines, storm drainage improvements, traffic signals, bridge widening, railroad crossings, and other necessary appurtenances (the"Improvements") in the City; and WHEREAS, the Director of Engineering has certified to the Council that the acquisition, construction, and installation of the Improvements have been completed; and WHEREAS, the Council now desires to accept the Improvements; and WHEREAS, the City Engineer, in accordance with Section 22-85 of the City Code (the "Code"),has prepared a statement showing the total cost of the District and the Financial Officer has prepared an assessment roll showing the owners of the properties to be assessed, describing each such property and stating the amount of the assessment on each property, in accordance with the requirements of Section 22-88 of the Code; and WHEREAS,the Council desires to receive and accept said statement of cost and assessment roll relating to the District and,upon such acceptance,to order the City Clerk to notify the owners of the property to be assessed and all persons interested generally, also in accordance with the requirements of Section 22-88 of the Code. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: 1. That those Improvements certified by the City Engineer to the City Council as having been fully acquired, constructed, and installed as shown on Exhibit "A," attached hereto and incorporated herein by this reference, are hereby accepted and approved by the Council. 2. That the statement of cost prepared by the City Engineer and shown on Exhibit`B," attached hereto and incorporated herein by this reference, and the assessment roll of the District prepared by the Financial Officer, as shown on Exhibit"C,"attached hereto and also incorporated herein, are hereby accepted and approved by the Council. 3. That the City Clerk shall,by publication and mailing of a notice in accordance with Section 22-88 of the Code, notify the owners of all properties to be assessed and all persons interested generally that the Improvements have been completed and accepted, said notice to be in substantially the form set forth on Exhibit "D" attached hereto and incorporated herein by this reference. 4. That on the 2nd day of October, 2007, at the hour of 6:00 PM, or as soon thereafter as the matter may come on for hearing,in the Council Chambers at 300 Laporte Avenue,City of Fort Collins, Colorado, the Council will consider the ordering by ordinance of assessments for the total cost of the District and hear all complaints and objections by the owners of any interested persons that may be made and filed in writing in compliance with Section 22-88 of the Code concerning the proposed assessments. Passed and adopted at a regular meeting of the cil of the City of Fo ollins this 21st day of August, 2007. e Mayor TTEST: City Clerk EXHIBIT "A" CERTIFICATE OF ENGINEERING DEPT. OF COMPLETION OF IMPROVEMENTS FOR TIMBERLINE PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 The Council of the City of Fort Collins established the Timberline Prospect Special Improvement District No. 94, the District, on September 60i, 2005, by passing Ordinance 94, 2005. The District was established in order to construct improvements to the intersection of Timberline and Prospect Roads. These improvements consisted of additional turning lanes, additional travel lanes, raised medians, an improved traffic signal, and new asphalt pavement in and around the intersection. On the 15th day of December, 2006, the City inspected the improvements. The City Engineer hereby certifies to the City Council that all improvements associated with the District were constructed in accordance with the plans and specifications on file with the City Clerk. City�nCgeineer EXHIBIT B STATEMENT OF COST FOR TIMBERLINE& PROSPECT SPECIAL IMPROVEMENT DISTRICT NO. 94 On the 6th Day of September, 2005, the Fort Collins City Council established the Timberline & Prospect Special Improvement District No. 94, the District, by passing Ordinance No. 094, 2005. The District was formed in order to install necessary improvements to the intersection of Prospect and Timberline Roads, including curb & gutter, asphalt pavement, traffic signal improvements, and other necessary appurtenances to provide an adequate level of service for the intersection. In accordance with Section 22-85 of the Fort Collins City Code, the City Engineer of the City of Fort Collins is required to prepare a statement of cost for the District. Accordingly, the City Engineer has prepared the Statement of Cost below. 1. Final Construction Cost $2,400,000.00 2. Engineering and Construction Management $ 100,000.00 3. Incidental costs—publication fees, administration fees. $ 18,853.00 Total Cost $2,518,853.00 This Statement of Cost is dated the 7th day of August, 2007. City Engineer Timberline Special Improvement District No. 94 Assessment Roll Parcel Number/AAssessed SID Tract Numb Owner's Name&Address Schedule Number Legal Description Amount 1 Lee A.Stark 87181-06-002/R1594812 Lot 2A of the Amended Plat of Lots 1 and 2 of Summers $ 52,346.28 1803 Garfield Ave. Subdivision and a tract of Land situated in the Northeast 1/4 of of Section 18,Township 7 N, Range 68 W, of the 6th Loveland,CO 80538 Principal Meridian, County of Larimer, State of Colorado. 2 Free Enterprises, Inc. 87181-00-090/R0143936 See the attached Exhibit $ 31,158.00 1803 Garfield Ave. Loveland, CO 80538 3 PS-Timberline Lakes,LLC 87173-08-003/R1225758 See the attached Exhibit B $ 425,001.94 103 W. Mountain Avenue Fort Collins, CO 80525-0000 4 PS-Timberline Lakes, LLC 87173-07-001/R1225740 See the attached Exhibit B $ 68,548.70 103 W. Mountain Avenue Fort Collins, CO 80525-0000 5 USTL, LLLP,et. al. 87184-14-001/R1225766 See the attached Exhibit C $ 167,009.56 760 Whaler's Way, Bldg.A-200 Fort Collins,CO 80525 6 Sharp Point Properties, LLC 87202-18-006/R1604944 Lot 6, Spring Creek Center PUD, FTC $ 66,056.02 1800 Broadway, Suite 210 Boulder,CO 80302 7 Sharp Point Properties, LLC 87202-18-007/R1604945 Lot 7, Spring Creek Center PUD, FTC $ 59,824.32 1800 Broadway, Suite 210 Boulder,CO 80303 8 Sharp Point Properties, LLC 87202-12-005/R1192655 Lot 5, Prospect Park East PUD, FTC $ 71,041.38 1800 Broadway, Suite 210 Boulder,CO 80303 9 Arapahoe Technologies, Inc. 87201-05-011/R0168696 Lot 11, Prospect Industrial Park, FTC $ 2,492.68 305 W. Magnolia 204 Fort Collins, CO 80521 11 Timberline Autoplex, LLC 87191-44-001/R1641578 Lot 1,Timberline Center, FTC $ 43,621.90 P.O. Box 272549 87191-44-002/R1641579 Lot 2,Timberline Center, FTC' Fort Collins, CO 80527-2549 87191-44-003/131641580 Lot 3,Timberline Center, FTC' 87191-44-005/R1641582 Lot 5, Timberline Center, FTC' 12 Timberline Development, LLC 87191-44-004/R1641581 Lot 4, Timberline Center, FTCZ $ 255,499.70 P.O.Box 1046 87191-44-006/R1641583 Lot 6,Timberline Center,FTCZ Loveland, CO 80539 87191-44-007/R1641584 Lot 7,Timberline Center,FTCZ RI m 87191-44-008/R1641585 Lot 8,Timberline Center, FTCZ = 8719144-009/R1641586 Lot 9,Timberline Center, FTCZ 8719144-010/R1641587 Lot 10,Timberline Center, FTCZ 87194-00-011/R1641588 Lot 11,Timberline Center, FTC (j 87194-44-012/R1641589 Lot 12,Timberline Center, FTCZ 8719444-013/R1641590 Lot 13,Timberline Center, FTCZ 8719444-014/R1641591 I Lot 14,Timberline Center, FTCZ Parcel Number/AAssessed SID Tract Numb Owners Name&Address Schedule Number Legal Description Amount 14 Fort Collins Capital Leasing Corporation 87194-22-901/R1641049 Lot 1,Spring Creek Farms North, FTC $ 128,373.02 1225 17th St, Suite 2300 Denver, CO 80202 15 Midpoint and Timberline, LLC 87202-20-001/R1626624 See the attached Exhibit D $ 62,317.00 2121 Midpoint Drive,Suite 302 Fort Collins,CO 80525 16 Gypro Properties, LLC 87202-20-002/R1626625 Lot 2, Centerpoint Plaza, FTC $ 49,853.60 1400 E.61 st St. Denver, CO 80216 17 Jim Kernaghan 87201-05-016/R0168742 Lot 16, Prospect Industrial Park, FTC $ 13,702.24 6118 Normandy Ct. '.. Fort Collins,CO 80525 18 Cowen Transfer&Storage Co. 87202-06-017/R0168769 Lot 17, Prospect Industrial Park, FTC $ 13,717.97 c/o Armstrong Moving and Storage 2025 Sharp Point Drive, Ft. Collins, CO 80525 19 Marjorie C. Lynch Marital Trust 87202-06-018/R0168777 Lot 18, Prospect Industrial Park, FTC $ 13,702.24 3705 Cumulus View Colorado S rin s, CO 80904 20 Hess Land, LLC 87202-06-013/R0168785 Lot 19, Prospect Industrial Park, FTC $ 13,716.51 1312 Blue Spruce Dr., Unit 6 Fort Collins,CO 80524 Exhibit A That part of the NE '/4 of Section 18, Township7 N, Range 68 W, Latimer County, Colorado, described as follows: Commencing at a point on the East side of said Northeast 1/4, from which the Northeast corner of said Section 18 bears N 00°01' E a distance of 473.5', said point being also on the Southerly right-of-way line of State Highway No. 14; thence 100.00' along the Southerly right-of-way of said Highway on a curve to the right having a radius of 10,904 feet and whose chord bears S 89°43'45" W 100.00' to the true point of beginning; said true point of beginning also being the Westerly line of a 100 foot wide road right of way; thence S 00'0l' W 345.50' along the Westerly line of said right of way; thence 31.42' along a curve to the right having a radius of 20.00 feet and whose chord bears S 44°59' W 28.28 feet to the Northerly right- of-way line of a 60 foot wide road right of way; thence along said Northerly right of way line N 89°59' W 245.00 feet; thence continuing along said line 172.61' along a curve to the left having a radius of 230.00' and whose chord bears S 60*51' W 168.59'; thence leaving said Northerly right of way line N 12°32'57" W 149.62' to the Southeast corner of that tract of land described in Deed recorded in Book 1536 at Page 969; thence N 00'01' E 299.53' feet along the Easterly line of said tract in Book 1536 at Page 969 to the Southerly right-of-way line of State Highway 14; thence 454.54' along the Southerly right of way line of said Highway on a curve to the left having a radius of 10,904 feet and whose chord bears S 88°48'49" E 454.51' to the true point of beginning. Together with a non-exclusive easement for ingress and egress over and across a 60 foot wide road right of way, said road right of way being 30' on either side of centerline, described as follows: Beginning at a point on the East line of said Northeast %4 from which the Northeast comer of said Section 18 bears N 00'01' E a distance of 878.50', said point being also on the Easterly right of way line of a 100' wide road right of way; thence N 89°59' W 100.00' to a point on the Westerly right of way line of said 100 foot wide road right of way and the true point of beginning; thence N 89°59' W 265.00'; thence 150.10' along a curve to the left having a radius of 200.00' and whose chord bears S 68°31' W 146.60'. Together with all ditches and ditch rights, water and water rights, reservoirs, and reservoir rights, belonging and appertaining thereto. Exhibit B A part of Tract 3 and all of Lot 1, Cache La POudre Industrial Park PUD, City of Fort Collins, and that portion of Hoffman Mill road as vacated by Ordinance No. 159, 1998, recorded October 21, 1998, at Reception No. 98091889, described as follows: Considering the West line of the Southwest Quarter of Section 17, Township 7 North, Range 68 West of the 6h P.M.,, as bearing North 00°09'21" East as determined by monuments found at the Southwest corner of Section 17 and the West Quarter corner of said section 17, and with all bearing contained herein relative thereto. Beginning at the Southwest corner of Tract 3, Cache La Poudre Industrial Park PUD, City of Fort Collins, Larimer County, Colorado; thence along the West line of said Tract 3 North 00°09'21" East 1650.59'; thence departing from said line S 89°50'39" W 557.6l'; Thence S 00°09'21" W 305.44'; Thence S 88°57'32" E 441.6l'; Thence S 23'18'20" W 508.74'; Thence S 62°51'14" E 133.73'; Thence S 05°58'36" W 774.27'; Thence N 89°20'09" W 271.88'; Thence S 00°39'51" W 447.03' to a point on the South line of said Tract 31 thence along said line N 89°20'09" W 567.54' to the beginning, County of Larimer, State of Colorado. Together with all right, title, and interest of grantor in all water and lake rights associated with property. Exhibit C A part of Tract 1, Cache La Poudre Industrial park PUD, City of Fort Collins, Recorded November 7, 1985, at Reception No. 85057278 in the office of the Larimer County Clerk and Recorder, being located in the 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 18,Township 7 N, Range 68 W, of the 6a' P.M., as bearing N 00°09'21" E, as shown on said plat of Cache La Poudre Industrial Park PUD and as determined by monuments found at the Southeast corner of said Section 18 and the East '/4 corner of said Section 18 and with all bearings contained herein relative thereto. Commencing at the Southeast comer of Tract 1, Cache La Poudre Industrial Park PUD, City of Fort Collins, Larimer County, Colorado; Thence along the South line of said Tract I S 89°13'10" W 23.27' to the true point of beginning; thence continuing along said line S 89°13'10" W 105.67'; thence S 89°17'27" W 455.27'; thence along the westerly line of said Tract 1 N 18°05'15" W 420.88'; thence departing from said westerly line N 72°48'31" E 348.27'; thence S 82'32'19" E 363.15' to a point 23.27' west of the east line of said tract 1, said point also being 23.27' west of the west right of way line of Timberline Road; thence along a line 23.27' west of and parallel with the east line of said Tract 1 S 00°09'21" W 448.79' to the true point of beginning. Said described land contains 6.761 acres more or less and is subject to any terms, agreements, provisions, conditions, or obligations, rights of way, or easements of record or as now exist on the ground. Basis of Bearings Considering the West line of the Southwest '/a of Section 17, Township 7 N, Range 68 W, of the 6'h P.M. as bearing N 00°09'21" E as shown on said plat of Cache La Poudre Industrial Park PUD, and as determined by monuments found at the southwest corner of section 17 and the west '/a corner of said section 17, and with all bearings contained herein and relative thereto. Exhibit D Lot One of Centerpoint Plaza, Fort Collins, Except the following described portion of Lot 1, Centerpoint Plaza,: Begin at the Northeast Corner of said Lot One and run thence along the East line of said Lot One S 00°22'00" W 126.00'; thence N 89°38'00" W 131.97'; thence S 00°22'00"W 42.00'; thence N 89°38'00" W 110.50' to the West line of said Lot One; thence along said West Line N 00°22'00" E 143.00', and again along the arc of a 25.00' radius curve to the right a distance of 39.27', the long chord of which bears N 45°22'00" E 35.36' to the North line of said Lot One, thence along said North line S 89°38'00" E 217.47' to the point of beginning. County of Latimer, State of Colorado. Exhibit D NOTICE To: The property owners in the Timberline Prospect Special Improvement District No. 94, the District, and all persons generally interested in the completion and acceptance of the improvements in the District, the Improvements, the total cost thereof, the portion thereof to be paid by the City of Fort Collins, Colorado, the City, the assessments to be made on property within the District to pay the cost of the Improvements, and the date of hearing on any objections or complaints that may be made in writing by the owners of such property. Notice is hereby given to the owners of all property to be assessed in the District, and to all persons generally interested in the matter that the Improvements in the District have been completed and accepted by the City. Notice is further given that the total cost of the District, including final construction costs, engineering and construction management costs, publication costs and any other incidental costs is $2,518,853.00; that the total portion assessed to the District is $1,537,983.56; that the direct contribution given by Postle Development Corporation is $625,613.11; that the direct contribution given by SC Development Corporation is $212,891.31, and that the total cost to be assessed to the remaining property within the District, including interest incurred over the payback period is $2,377,064.88; that the assessment roll showing the amount assessed to each property within the District is on file in the office of the City Clerk and can be seen and examined at any time during normal business hours;that any complaints or objections which may be made in writing by such owner or owners to the City Council of the City of Fort Collins, the Council, and filed in the Office of the City Clerk within thirty(30)days from the publication of this notice,will be heard and determined by the Council before the passage of any ordinance assessing the costs of the District; and that on October 2nd, 2007, at the hour of 6:00 P.M. or as soon thereafter as the matter may come on for hearing in the Council chambers of the Municipal Building, City of Fort Collins, Colorado, the Council will hear such complaints and objections and determine the same and act upon an ordinance assessing the total cost of the District to be assessed. Dated at Fort Collins, Colorado, this 21 st day of August, 2007. By: �1" City Clerk 0