ORDINANCE NO. 1926

AN ORDINANCE APPROVING THE ASSESSABLE COST OF THE IMPROVEMENTS MADE IN AND FOR IMPROVEMENT DISTRICT NO. ST-79, IN THE CITY OF GRAND JUNCTION, COLORADO, PURSUANT TO ORDINANCE NO. 178, ADOPTED AND APPROVED THE 11TH DAY OF JUNE, 1910, AS AMENDED; APPROVING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND OR OTHER REAL ESTATE IN SAID DISTRICT; ASSESSING THE SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND OR OTHER REAL ESTATE IN SAID DISTRICT; APPROVING THE APPORTIONMENT OF SAID COST AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS.

WHEREAS, the City Council and Municipal Officers of the City of Grand Junction, in the State of Colorado, have complied with all the provisions of law relating to certain improvements in Improvement District No. ST-79 in the City of Grand Junction, pursuant to Ordinance No. 178 of said City, adopted and approved June 11, 1910, as amended, being Chapter 18 of the Code of Ordinances of the City of Grand Junction, Colorado, and pursuant to the various resolutions, orders and proceedings taken under said Ordinance; and

WHEREAS, the City Council has heretofore caused to be published the Notice of Completion of said local improvement in said Improvement District No. ST-79, and the apportionment of the cost thereof to all persons interested and to the owners of real estate which is described therein, said real estate comprising the district of land known as Improvement District No. ST-79, in the City of Grand Junction, Colorado, which said Notice was caused to be published in the Daily Sentinel, the official newspaper of the City of Grand Junction (the first publication thereof appearing on October 17, 1980, and the last publication thereof appearing on October 19, 1980; and

WHEREAS, said Notice recited the share to be apportioned to and upon each lot or tract of land within said District assessable for said improvements, and recited that complaints or objections might be made in writing to the Council and filed with the Clerk within thirty (30) days from the first publication of said Notice, to wit: On or before and up to 5:00 o'clock P.M. on the 16th day of November, 1980, and recited that such complaints would be heard and determined by the Council at its first regular meeting after the said thirty days and before the passage of any ordinance assessing the cost of said improvements; and

WHEREAS, pursuant to said Notice no written complaints were filed with respect to the proposed assessment of the cost of said improvements; and

WHEREAS, the City Council has fully confirmed the statement prepared by the City Engineer and certified by the President of the City Council showing the assessable cost of said improvements and the apportionment thereof heretofore made as contained in that certain Notice to property owners in Improvement District No. ST-79, duly published in the Daily Sentinel, the official newspaper of the City, and has duly ordered that the cost of said improvements in said Improvement District No. ST-79 be assessed and apportioned against all of the real estate in said District in the portions contained in the aforesaid Notice; and

WHEREAS, from the statement made and filed with the City Clerk by the City Engineer, it appears that the assessable cost of the said improvements is $475,006.39, said amounting including six percent additional for cost of collection and other incidentals and including interest to the 4th day of January, 1981, at the average rate of 8.6628 percent per annum on the bonds heretofore sold to raise funds for the construction of said improvements; and

WHEREAS, from said statement it also appears that the City Engineer has apportioned a share of the assessable cost to each lot or tract of land in said District in the following portions and amounts, severally, to wit:

2943-074-00-060 S 195 ft of W 110 ft of W2SE4SE4SE4 Sec 7 1S 1E Exc S 50 ft for Hwy & Exc W 20 ft for Road $12550.83

2943-074-00-091 Beg 25 ft N & S 89 deg. 41 min. E 25 ft fr SW Cor SW4NE4SE4 Sec 7 1S 1E N 190 ft S 89 deg. 41 min. E 177.5 ft S 190 ft N 89 deg. 41 min. W 177.5 ft to Beg 6133.47

2943-074-00-095 Beg SE Cor SW4SE4SE4 Sec 7 1S 1E W 65 ft N 250 ft E 65 ft S to Beg Exc E 15 ft for Road & Exc 50 ft for Hwy & Beg 65 ft W of SE Cor SW4SE4SE4 Sec 7 1S 1E N 250 ft W 45 ft S 250 ft E to Beg Exc S 50 ft for Hwy 12550.83

2943-074-00-035 NW4SE4SE4 Sec 7 1S 1E Exc W 298 ft of S 160 ft & Exc W & N 25 ft for Road 21919.13

2943-074-22-009 Lot 9 Blk 2 Lamm Sub Sec 7 1S 1E 2225.33

2943-074-22-010 Lot 10 Blk 2 Lamm Sub Sec 7 1S 1E 2398.10

2943-074-22-011 Lot 11 Blk 2 Lamm Sub Sec 7 1S 1E 2398.10

2943-074-22-012 Lot 12 Blk 2 Lamm Sub Sec 7 1S 1E 2398.10

2943-074-22-013 Lot 13 Blk 2 Lamm Sub Sec 7 1S 1E 2398.10

2943-074-22-014 Lot 14 Blk 2 Lamm Sub Sec 7 1S 1E 2695.96

2943-181-00-008 Beg 673.76 ft E & 352 ft S of N4 Cor Sec 18 1S 1E N 125 ft E 50 ft S 125 ft W to Beg 1460.64

2943-181-00-009 Beg 773.76 ft E & 351 ft S of NW Cor NE4 Sec 18 1S 1E W 50 ft N 125 ft E 50 ft S to Beg 1460.64

2943-181-00-010 Beg 824.76 ft E & 225.8 ft S of N4 Cor Sec 18 1S 1E S 125.8 ft W 51 ft N 125.4 ft E to Beg 1333.27

2943-181-01-005 W 11 ft of Lot 7 & All Lot 8 Blk 1 Meeks Sub Sec 18 1S 1E 2512.30

2943-181-01-006 E 64 ft of Lot 7 Blk 1 Meeks Sub Sec 18 1S 1E 1869.62

2943-181-01-007 Lot 6 Blk 1 Meeks Sub Sec 18 1S 1E 1898.83

2943-181-01-011 Lots 3-4 & 5 Blk 1 Meeks Sub Sec 18 1S 1E 3768.44

2943-181-01-012 Lot 1 the Powell Apartments & Business Center A Replat of Part of Lot 1 Blk 1 Meeks Sub Sec 18 1S 1E 5252.15

2943-181-01-013 Lot 2 the Powell Apartments & Business Center A Replat of Part of Lot 1 Blk 1 Meeks Sub Sec 18 1S 1E 2585.32

2943-181-01-014 Lot 3 the Powell Apartments & Business Center A Replat of Part of Lot 1 Blk 1 Meeks Sub Sec 18 1S 1E 2585.32

2943-181-01-015 Lot 4 the Powell Apartments & Business Center A Replat of Part of Lot 1 Blk 1 Meeks Sub Sec 18 1S 1E 2585.32

2943-181-02-003 52 Lot 3 & All Lot 4 Blk 2 Meeks Sub Sec 18 1S 1E Exc S 5 ft Lot 4 Sd Blk 2 4857.24

2943-181-02-004 W 65.5 ft of Lot 5 Blk 2 Meeks Sub Sec 18 1S 1E 2157.10

2943-181-02-005 E 4 ft of Lot 5 & All Lot 6 Blk 2 Meeks Sub Sec 18 1S 1E 2420.56

2943-181-02-006 Lot 7 Blk 2 Meeks Sub Sec 18 1S 1E 2288.84

2943-181-02-007 Lot 8 & W 15 ft of Lot 9 Blk 2 Meeks Sub Sec 18 1S 1E 2782.83

2943-181-02-008 E 54.5 ft of Lot 9 & All Lot 10 Blk 2 Meeks Sub Sec 18 1S 1E 4083.68

2943-181-02-009 Lot 11 Blk 2 Meeks Sub Sec 18 1S 1E 2288.84

2943-181-02-010 Lot 12 Blk 2 Meeks Sub Sec 18 1S 1E 2288.84

2943-181-02-011 Lot 13 Blk 2 Meeks Sub Sec 18 1S 1E 2091.24

2943-181-02-012 Lot 22 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-013 Lot 21 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-014 Lot 20 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-015 Lot 19 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-016 Lot 18 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-017 Lot 17 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-018 Lot 16 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-019 Lot 15 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2296.45

2943-181-02-020 Lot 14 Blk 2 Meeks Sub Sec 18 1S 1E Exc 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2147.76

2943-181-02-021 Lot 1 Blk 2 Meeks Sub Sec 18 1S 1E 4841.14

2943-181-03-001 Lot 1 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 4462.71

2943-181-03-005 Lot 5 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-006 Lot 6 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-007 Lot 7 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-008 Lot 8 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-009 Lot 9 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-010 Lot 10 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-011 Lot 11 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-012 Lot 12 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2294.47

2943-181-03-013 Lot 13 Blk 3 Meeks Sub Sec 18 1S 1E Exc N 5 ft thereof for Rd as per B-1217 P-461 Mesa County Clerks Office 2163.62

2945-023-00-041 Beg 400 ft E & 157.8 ft N of SW Cor SE4SW4 Sec 2 1S 1W S 127.8 ft E 12 ft N 127.8 ft W to Beg 414.66

2945-023-00-042 Beg 30 ft N & 300 ft E of SW Cor SE4SW4 Sec 2 1S 1W N 127.8 ft E 100 ft S 127.8 ft W to Beg 3455.47

2945-023-14-006 Lots 5 & 6 Fairmount Heights 6910.96

2945-023-14-007 Lot 7 Blk 1 Fairmount Heights 3455.47

2945-034-14-008 Lot 8 Blk 1 Fairmount Heights 3455.47

2945-023-14-009 Lot 9 Blk 1 Fairmount Heights 3455.47

2945-023-14-010 Lot 10 Fairmount Heights 3455.47

2945-023-15-001 Lot 1 P D C Subdivision Sec 2 1S 1W 34426.35

2945-104-12-004 Lot 1 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 2418.84

2945-104-12-005 Lot 2 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 2418.84

2945-104-12-006 Lot 3 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 2991.07

2945-104-12-007 Lot 4 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 1852.14

2945-104-12-008 Lot 5 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 1852.14

2945-104-12-009 Lot 6 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 2991.07

2945-104-12-010 Lot 7 Blk 5 West Lake Park Annex 2nd Amended Sec 10 1S 1W 2418.84

2945-104-12-011 Lot 8 Blk 5 West Lake Park Annex 2nd Amended Exc 12 ft Traig in NW Cor 2418.84

2945-112-00-931 Beg at a Pt from which the W4 Cor of Sec 11 T1S R1W Ute Meridian bears N 30 ft & E 546.20 ft W 382.58 ft S 200 ft E 252.80 ft N 57.37 ft E 154.02 ft N 117.9 ft to Pt of Beg 13219.96

2945-112-00-971 A Parcel of Land located in the NE4NW4 Sec 11 1S 1W Bound by Vanderen Ford Sub on the W & Bookcliff Hts Sub on the S & by a Li also on the S that is N 73 deg. 35 min. E & extending NEerly to 7th St & by Patterson on the N with 7th St on the E Exc Mesa County State of Colo Health Dept Parcel on the N & W thereof & also Exc Beg N 89 deg. 25 min. W 40 ft & S 30 ft fr N4 Cor Sec 11 1S 1W S 11.50 ft N 45 deg. W 16.26 ft S 89 deg. 25 min. E 11.50 ft to Beg

2945-112-11-001 Lot 1 Vanderen-Ford Heights Replat Sec 11 1S 1W Exc Beg NW Cor Lot 1 S 89 deg. 54 min. E 17.50 ft S 40 deg. 56 min. 11 sec. W 26.43 ft N 0 deg. 32 min. W 20 ft to Beg for Rd as Desc Book-1245 Page-418 Mesa County Clerks Office 3801.02

2945-114-08-011 E 72 ft of Lot 12 Blk 2 Mesa Sub 663.45

2945-114-08-012 W 6.16 ft of Lot 12 & E 46 ft of Lot 13 Blk 2 Mesa Sub 480.64

2945-114-08-013 W 50.78 ft of Lot 14 Blk 2 Mesa Sub 467.92

2945-114-08-014 W 27.39 ft of Lot 13 & E 22.61 ft of Lot 14 Blk 2 Mesa Sub 460.73

2945-114-08-015 Lot 15 Blk 2 Mesa Sub 532.79

2945-114-08-016 Lot 16 Blk 2 Mesa Sub 532.79

2945-114-08-017 Lot 17 Blk 2 Mesa Sub 590.84

2945-114-08-018 Lot 18 Blk 2 Mesa Sub 498.70

2945-114-08-019 Lot 19 Blk 2 Mesa Sub 498.70

2945-114-08-020 All of Lot 20 Blk 2 Mesa Sub 500.26

2945-114-08-021 E 50 ft of Lot 21 Blk 2 Mesa Sub 460.73

2945-114-08-022 S 52 ft of W 4.29 ft of Lot 21 and S 52 ft of Lot 22 Blk 2 Mesa Sub 539.79

2945-122-00-069 Beg SE Cor Lot 19 Blk 6 Fairmount Sub Sec 12 1S 1W N 76 ft W 100 ft S 76 ft E to Beg 1955.80

2945-122-00-117 Beg 190.5 ft E of NW Cor Lot 15 Blk 5 Fairmount Sub S 80 ft E 109.5 ft N 80 ft W 109.5 ft to Beg 2764.38

2945-122-00-125 Beg 190.5 ft E & 80 ft S of NW Cor Lot 15 Blk 5 Fairmount Sub S 70 ft E 109.5 ft N 70 ft W 109.5 ft to Beg 2418.84

2945-122-00-139 N 31.8 ft Lot 19 Blk 6 Fairmount Sub Sec 12 1S 1W & 52 Adj Vacated St on N as Desc B-973 P-482 County Clerks Office 1834.86

2945-122-00-148 Beg 76 ft N of SE Cor Lot 19 Blk 6 Fairmount Sub Sec 12 1S 1W W 150 ft N 56 ft E 150 ft to Beg & that Pt Beg 132 ft N of SE Cor Sd Lot 19 N 5.6 ft N 89 deg. 47 min. 37 sec. W 150 ft Alg Fence S 6.3 ft N 89 deg. 54 min. E 150 ft to Beg 2128.58

2945-122-00-151 Beg 31.8 ft S of NE Cor Lot 19 Blk 6 Fairmount Sub Sec 12 1S 1W S 87.3 ft S 89 deg. 54 min. W 300.7 ft N 87.3 ft N 89 deg. 54 min. E 300.7 ft to Beg Exc that Pt Beg S 106.8 ft fr NE Cor Sd Lot 19 S 89 deg. 31 min. 05 sec. W 150.1 ft S 11.3 ft W 89 deg. 54 min. E 150 ft N 12.3 ft to Beg 2591.60

2945-122-00-152 Beg S 106.8 ft fr NE Cor Lot 19 Blk 6 Fairmount Sub Sec 12 1S 1W S 89 deg. 31 min. 05 sec. W 150.1 ft S 11.3 ft N 89 deg. 54 min. E 150 ft N 12.3 ft to Beg & That Pt Beg 132 ft N of SE Cor Sd Lot 19 W 150 ft N 50 ft E 150 ft S to Beg Exc that Pt Beg 132 ft N of SE Cor Sd Lot 19 N 5.6 ft N 89 deg. 47 min. 37 sec. W 150 ft Alg Fence Li S 6.3 ft N 89 deg. 54 min. 54 sec. E 150 ft to Beg 1959.25

2945-122-08-001 Lot 1 Cedar Circle Sub Sec 12 1S 1W 3627.21

2945-122-09-001 Double Tree Sub - A Replat of Lots 1-5 Blk 4 NW Smith Add & Pt of Lot 33 Blk 10 Fairmount Sub Sec 12 1S 1W 18788.29

2945-122-12-011 Lot 5 Bookcliff Court Sub Amended Sec 12 1S 1W 2758.44

2945-122-12-012 Lot 6 Bookcliff Court Sub Amended Sec 12 1S 1W 11442.02

2945-122-12-014 Lot 1 Bookcliff Court Sub Amended Exc Beg NE Cor Lot 1 s 11 deg. 43 min. 43 sec. E Alg Eerly Li Lot 1 89.20 ft to SE Cor Lot 1 N 20 deg. 20 min. 37 sec. W 87.85 ft to Nly Li Sd Lot 1 N 68 deg. 11 min. 55 sec. E Alg Nly Li Lot 1 13.37 ft to Beg Sec 12 1S 1W 8729.09

2945-134-00-011 Fr E4 Cor Sec 13 1S 1W W 1024.87 ft S 431.74 ft W 828.51 ft for Beg S 424.26 ft to Nly Li Hwy 6 & 24 S 72 deg. 52 min. W 100 ft N 453.4 ft E 95.73 ft to Beg 9642.05

2945-134-03-010 E 135 ft Lot 3 Peterson-Irwin Sub Sec 13 1S 1W 11394.31

2945-134-03-011 W 15 ft Lot 3 Peterson-Irwin Sub Sec 13 1S 1W 1266.03

2945-134-03-017 Tract A of Lot 7 Peterson-Irwin Sub Replat of Lots 5 & 7 Sec 13 1S 1W 8440.50

2945-134-03-018 Tract B of Lot 7 Peterson-Irwin Sub Replat of Lots 5 & 7 Sec 13 1S 1W 10550.42

2945-134-03-019 Tract C of Lot 7 Peterson-Irwin Sub Replat of Lots 5 & 7 Sec 13 1S 1W 10550.42

2945-134-03-057 Lots 1 thru 5 Pinyon Park 2 Sub Sec 13 1S 1W 11522.24

2945-134-03-058 Lots 23 thru 27 Pinyon Park 2 Sub Sec 13 1S 1W 10335.72

2945-143-36-002 E 10 ft of Lot 7 & N 100 ft of Lots 8 to 12 Inc Blk 143 Grand Junction 115.18

2945-143-36-003 S 25 Ft of Lots 8 to 12 Inc Blk 143 Grand Jct 1439.79

2945-144-36-001 Lots 1 & 2 Blk 133 Grand Junction 575.91

2945-144-36-002 Lots 3 & 4 Blk 133 Grand Junction 575.91

2945-144-36-003 Lots 5 & 6 Blk 133 Grand Junction 575.91

2945-144-36-004 Lots 7 & 8 Blk 133 Grand Junction 575.91

2945-144-36-005 Lots 9 & 10 Blk 133 Grand Junction 575.91

2945-144-36-006 Lots 11-12-13 Blk 133 Grand Junction 863.87

2945-144-36-007 E 22 ft of Lot 15 & All Lot 16 Blk 133 Grand Junction 541.36

2945-144-36-008 Lot 14 & W 3 ft of Lot 15 Blk 133 Grand Junction 322.52

2945-144-36-009 Lot 17 Blk 133 Grand Junction 564.85

2945-144-36-010 Lots 33 & 34 Blk 133 Grand Junction 575.91

2945-144-36-012 Lots 31 & 32 Blk 133 Grand Junction 575.91

2945-144-36-013 Lots 29 & 30 Blk 133 Grand Junction 575.91

2945-144-36-014 Lots 27 & 28 Blk 133 Grand Junction 575.91

2945-144-36-015 Lots 25 & 26 Blk 133 Grand Junction 575.91

2945-144-36-016 Lots 21 to 24 Inc Blk 133 Grand Junction 1151.83

2945-144-36-017 Lots 18 to 20 Inc Blk 133 Grand Junction 1140.77

2945-252-00-052 Beg 277.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W E 330 ft S 71.25 ft W 330 ft N to Beg Exc E 25 ft for Rd 1295.81

2945-252-00-054 Beg 148.55 ft E & 367.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W E 181.5 ft S 70 ft W 181.5 ft N to Beg Exc E 25 ft for Rd 2418.84

2945-252-00-056 Beg 148.5 ft E & 297.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W E 181.5 ft S 70 ft W 181.5 ft N 70 ft to Beg Exc E 25 ft for Rd 2418.84

2945-252-00-067 Beg 10 ft E & 465 ft S of NW Cor E2W2NE4NW4 Sec 25 1S 1W S 75 ft E 150 ft N 75 ft W to Beg 2591.60

2945-252-00-068 Beg 10 ft E & 615 ft S of NW Cor E2W2NE4NW4 Sec 25 1S 1W E 150 ft N 75 ft W 150 ft S to Beg 2591.60

2945-252-00-082 Beg 148.5 ft E & 227.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W S 70 ft E 156.5 ft N 70 ft W to Beg 2418.84

2945-252-00-092 Beg 10 ft E & 175 ft S of NW Cor E2W2NE4NW4 Sec 25 1S 1W E 70 ft S 205 ft W 70 ft N 205 ft to Beg 7083.73

2945-252-00-093 Beg 10 ft E of NW Cor E2W2NE4NW4 Sec 25 1S 1W E 70 ft S 175 ft W 70 ft N 175 ft to Beg 4146.57

2945-252-00-094 Beg 380 ft S & 160 ft W of NE Cor E2W2NE4NW4 Sec 25 1S 1W W 160 ft S 85 ft E 160 ft N to Beg 2937.15

2945-252-00-096 Beg 148.5 ft E & 507.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W S 70 ft E 156.5 ft N 70 ft W 156.5 ft to Beg 2418.84

2945-252-00-097 Beg 148.5 ft E & 437.5 ft S of NW Cor NE4NW4 Sec 25 1S 1W S 70 ft 156.5 ft N 70 ft W 156.5 ft to Beg 2418.84

2945-252-25-001 Lot 1 Cavanagh Sub Sec 25 1S 1W 3887.41

2945-252-25-003 Lot 3 Cavanagh Sub Sec 25 1S 1W 2073.29

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

Section 1. That the assessable cost and apportionment of same, as hereinbefore set forth, is hereby assessed against all the real estate in said District, and to and upon each lot or tract of land within said District, and against such persons and in the portions and amounts which are severally hereinbefore set forth and described.

Section 2. That said assessments, together with all interests and penalties for default in payment thereof, and all cost of collecting same, shall from the time of final publication of this Ordinance, constitute a perpetual lien against each lot of land herein described, on a parity with the tax lien for general, State, County, City and school taxes, and no sale of such property to enforce any general, State, County, City or school tax or other lien shall extinguish the perpetual lien of such assessment.

Section 3. That said assessment shall be due and payable within thirty days after the final publication of this Ordinance without demand; provided that all such assessments may at the election of the owner, be paid in installments with interest as hereinafter provided. Failure to pay the whole assessment within the said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in such installments.

All persons so electing to pay in installments shall be conclusively considered and held as consenting to said improvements, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power and jurisdiction of the City to construct the improvements, the quality of the work and the regularity or sufficiency of the proceedings, or the validity or correctness of the assessment.

Section 4. That in case of such election to pay in installments, the assessments shall be payable in ten equal annual installments of the principal, with interest upon unpaid installments payable annually in accordance with the coupons on the bonds issued to fund the District. The first of said installments of principal shall be due and payable within ninety days after the final publication of this Ordinance and the remainder of said installments shall be due on the first day of January of each year thereafter until all of said installments are paid in full.

Section 5. That the failure to pay any installments, whether of principal or interest, as herein provided, when due, shall cause the whole unpaid principal to become due and payable immediately and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of ten percent per annum until the day of sale, as by law provided; but at any time prior to the day of sale, the owner may pay the amount of such delinquent installment or installments, with interest at ten percent per annum as aforesaid, and all penalties accrued, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any piece of real estate not in default as to any installments, may at any time pay the whole of the unpaid principal, with interest accrued.

Section 6. That payment may be made to the City Finance Director at any time within thirty days after the final publication of this Ordinance, and an allowance of the six percent added for cost of collection and other incidentals shall be made on all payments made during said period of thirty days.

Section 7. That monies remaining in the hands of the City Finance Director as the result of the operation and payments under Improvement District No. ST-79 after the retirement of all bonds and proper payment of monies owing by the District shall be retained by the Treasurer and shall be used thereafter for the purpose of further funding of past or subsequent improvement districts which may be or may become in default or for such purposes as the City Council of the City of Grand Junction may from time to time direct.

Section 8. That all provisions of Ordinance No. 178 of the City of Grand Junction, as amended, being Chapter 18 of the Code of Ordinances of the City of Grand Junction, Colorado, shall govern and be taken to be a part of this Ordinance with respect to the creation of said Improvement District No. ST-79, the construction of the improvements therein, the apportionment and assessment of the cost thereof and the collection of such assessments.

Section 9. That this Ordinance, after its introduction and first reading shall be published once in full in the Daily Sentinel, the official newspaper of the City, at least ten days before its final passage, and after its final passage it shall be numbered and recorded in the City ordinance record, and a certificate of such adoption and publication shall be authenticated by the certificate of the publisher and the signature of the President of the Council and the City Clerk, and shall be in full force and effect on and after the date of ????* final publication, except as otherwise provided by the Charter of the City of Grand Junction.

Introduced and read at a regular meeting of the City Council of the City of Grand Junction, Colorado, held on the 19th day of November, 1980.

PASSED and ADOPTED this 3rd day of December, 1980.

Jane S. Quimby

____________________

President of the Council

Attest:

Neva B. Lockhart, CMC

____________________

City Clerk

I HEREBY CERTIFY that the foregoing ordinance, being Ordinance No. 1926, was introduced, read, and ordered published by the City Council of the City of Grand Junction, Colorado, at a regular meeting of said body held on the 19th day of November, 1980, and that the same was published in The Daily Sentinel, a newspaper published and in general circulation in said City, at least ten days before its final passage.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of December, 1980.

Neva B. Lockhart

____________________

Neva B. Lockhart, CMC

City Clerk

Published: November 21, 1980

Published: December 5, 1980

Effective: January 4, 1981