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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2021 - RESOLUTION 2021-011 AUTHORIZING THE INITIATION OFAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY January 19, 2021 City Council STAFF Darin Atteberry, City Manager Adam Stephens, Legal SUBJECT Resolution 2021-011 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2020 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Soldier Canyon Pump Station Annexation, Timberline-International Annexation No. 1, Timberline-International Annexation No. 2, and Timberline-International Annexation No. 3. Colorado Revised Statutes Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Property that is within a fire protection district continues to be subject to the District’s property tax assessment even after annexation to the City until the property is officially excluded from the District. Exclusion must occur pursuant to state law (C.R.S. Section 32-1-502). The law allows the City to seek exclusion of annexed property from the District so that the property is not subject to property tax assessment by both the District and the City. In 2020, the City annexed four areas within the territory of the District, the legal descriptions of which are set forth in Exhibit “A” to the proposed Resolution. Consistent with the state law, this proposed Resolution authorizes: 1.the City Attorney to file a petition on behalf of the City to exclude the annexed properties from the District; and 2.the City Manager to enter into an agreement with the District for the continuation of fire protection services within the annexed properties. -1- RESOLUTION 2021-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT WHEREAS, in 2020, the City annexed four properties within the territory of the Poudre Valley Fire Protection District (the “District”); and WHEREAS, Colorado Revised Statutes (“C.R.S.”) Section 32-1-502 requires an order of exclusion from the district court to remove annexed properties from special district territories; and WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), an order excluding property from the boundaries of a special district requires the governing body of the annexing municipality to agree, by resolution, to provide the services previously provided by the special district to the area described in the petition for exclusion from and after the effective date of the exclusion order; and WHEREAS, from the date of such annexations, the City has provided municipal services to said properties, including fire services; and WHEREAS, the residents within the properties described on Exhibit “A” attached hereto and incorporated herein by this reference (the “Annexed Properties”) have paid ad valorem property taxes to the District for fire protection services prior to exclusion, and subsequent to exclusion, will instead pay ad valorem property taxes to the City for City services, including fire protection; and WHEREAS, it is the desire and intent of the City Council to reflect by this Resolution its willingness to provide fire protection services to the Annexed Properties and to exclude the Annexed Properties from the District; and WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the District in accordance with law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority, which is an independent entity providing fire protection services to both the District and the City pursuant to an intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby agrees that the Annexed Properties should be excluded from the District. -2- Section 3. That the City Council hereby authorizes the City Attorney to file a petition in the Larimer County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude the Annexed Properties, the boundaries of which are described on Exhibit “A”. Section 4. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 5. That the City Council hereby finds that a plan for the disposition of assets or continuation of service is unnecessary as the Poudre Fire Authority has in the past served, and continues to serve, both the District and the City. Section 6. That the City Manager is authorized to enter into an agreement with the District for the continuation of services for the Annexed Properties, which agreement shall be substantially in the form of Exhibit “B” attached hereto, subject to such modifications as the City Manager may, in consultation with the City Attorney, deem necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of January, A.D. 2021. _________________________________ Mayor ATTEST: _____________________________ City Clerk SOLDIER CANYON PUMP STATION ANNEXATION A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexa tion No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 Square Feet or 0.702 Acres, more or less. EXHIBIT A TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 11 0.00 feet, more or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less. TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 Acres), more or less. TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State of Colorado ; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE -INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE - INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE - INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and aga in North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 Acres), more or less. Page 1 of 9 MEMORANDUM OF AGREEMENT FOR CONTINUATION OF SERVICE (POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS) THIS AGREEMENT, is made and entered into this _______day of ________, 2021, by and between the CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation (the “City”), and the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the State of Colorado (the “District”); WHEREAS, the City has recently filed pursuant to Section 32-1-502(1)(a), C.R.S., a Petition with the District Court in and for Larimer County, Colorado for an Order excluding certain properties from the territory of the District, which properties are shown on Exhibit “A” (the “Properties”) hereto attached, the contents of which are incorporated by reference herein; and WHEREAS, said Petition is premised upon the prior annexation and inclusion of the Properties within the municipal boundaries of the City; and WHEREAS, it is the mutual desire of the City and the District to set forth their understanding and agreement with regard to the continuation of fire protection services to the Properties, as well as remaining properties within the boundaries of the District and Poudre Fire Authority, as defined below. NOW, THEREFORE, in consideration of the mutual covenants, conditions and obligations herein contained, the parties agree: 1. From and after the effective date of any Order of Exclusion issued by the District Court in response to the City’s Petition, filed pursuant to Section 32-1-502(1)(a), which effective date is anticipated to be January 1, 2022, the City will continue to assume full and complete responsibility for fire protection services to the Properties. Such fire protection services shall be provided by Poudre Fire Authority (“PFA”) pursuant to that certain Amended and Restated Intergovernmental Agreement effective July 15, 2014, by and between the City and the District. 2. From and after the effective date of the Exclusion Order entered by the District Court in and for Larimer County, Colorado, the District shall have no further liability or responsibility with regard to the provision of fire protection services for the Properties or any improvements thereon, other than the obligations existing under the aforementioned intergovernmental agreement creating PFA for the provision of regional fire services. 3. From and after the effective date of any Exclusion Order entered by the District Court in and for Larimer County, Colorado, the District agrees that the Properties shall be free from taxation by the District, other than mill levies assessed for purposes of paying outstanding bonded indebtedness and interest thereon, owed by the District effective immediately prior to the effective date of such Exclusion Order. Exclusion of the Properties from the District and entry of an Exclusion Order by the District Court shall not affect any claim the District may have or the EXHIBIT B Page 2 of 9 District's ability to make such claim for taxes which were certified by the District prior to the effective date of the Exclusion Order. 4. The District will retain ownership of all equipment and facilities now owned by the District, including such facilities as may be located within the Properties, if any. 5. The District will, through its agreement with PFA, continue to provide fire protection services to those properties located within the boundaries of the District, as modified by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the District Court. 6. In the event that any bonded indebtedness exists as of the effective date of the anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a proportional mill levy against the Properties, together with other properties within the boundaries of the District, sufficient to repay the principal and accrued interest on any such bonded indebtedness in accordance with the terms and provisions of the instruments pursuant to which said obligations have been created and incurred. 7. Nothing within this Agreement shall modify or terminate any obligations of the City or the District with respect to existing obligations under the intergovernmental agreement forming the PFA, including any future amendments or modifications thereto as the parties may hereafter agree. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO, ATTEST: a municipal home-rule corporation ________________________ ____________________________ Delynn Coldiron, City Clerk Darin Atteberry, City Manager Approved as to form: ________________________________ Adam Stephens, Assistant City Attorney Page 3 of 9 POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the State of Colorado __________________________________ By: ________________ Chairman, Board of Directors Approved as to form: __________________________________ By: Robert G. Cole Attorney for Poudre Valley Fire Protection District Page 4 of 9 EXHIBIT A TO MEMORANDUM OF AGREEMENT SOLDIER CANYON PUMP STATION ANNEXATION A parcel of land, located in the Northwest Quarter (NW1/4) of Section Eight (8), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of the Water Treatment Facility Annexation No. 4 recorded March 7, 2018 as Reception No. 20180013461 of the Records of Larimer County and assuming the East line of said Water Treatment Facility Annexation No. 4 as bearing South 11°53’09” East a distance of 1000.96 feet with all other bearings contained herein relative thereto; THENCE South 11°53’09” East along the East line of said Water Treatment Facility Annexation No. 4 a distance of 1000.96 feet to the POINT OF BEGINNING; THENCE South 11°53’09” East a distance of 95.20 feet; THENCE South 10°51’20” East a distance of 79.81 feet to the East line of said Water Treatment Facility Annexation No. 4; The following Three (3) courses are along the Easterly lines of said Water Treatment Facility Annexation No. 4; THENCE South 78°06’51” West a distance of 173.57 feet; THENCE North 11°53’09” West a distance of 175.00 feet; THENCE North 78°06’51” East a distance of 175.01 feet to the POINT OF BEGINNING. Said described parcel of land contains 30,569 Square Feet or 0.702 Acres, more or less. Page 5 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado; said point being the TRUE POINT OF BEGINNING; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Easterly right-of-way line of Timberline Road South 21°26’47” West 109.41 feet; thence North 21°19’20” West 110.00 feet, more or less, to a point on the Westerly right-of-way line of Timberline Road; said point also being the Southwest corner of said of EAST RIDGE ANNEXATION; thence departing said Westerly right-of-way line of Timberline Road and along said Southerly line of EAST RIDGE ANNEXATION South 89°32’31” East 50.00 feet, more or less, to a point on the East line of said Northwest Quarter of said Section 8 and the TRUE POINT OF BEGINNING. Containing 4,086.0 square feet (0.09 Acres), more or less. Page 6 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road and the TRUE POINT OF BEGINNING; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet; thence departing said Easterly right-of-way line of Timberline Road North 90°00’00” West 141.91 feet, more or less, to a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet, thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; said point also being the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and a point on the Westerly right-of-way line for Timberline Road; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. North 00°00’45” West 250.02 feet Page 7 of 9 and again North 00°00’45” East 56.23 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Southwesterly and Southeasterly lines of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1 South 21°19’20” East 110.00 feet and again North 21°26’47” East 109.41 feet, more or less, to a point on the Southerly line of said EAST RIDGE ANNEXATION and the Easterly right-of-way line of Timberline Road and the Northeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and the TRUE POINT OF BEGINNING. Containing 37,272.2 square feet (0.86 Acres), more or less. Page 8 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 3 That portion of Section 8, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northwest Quarter of said Section 8 as bearing North 00°00'45" East and with all bearings contained herein relative thereto: Beginning at the Southeast corner of the Northwest Quarter of said Section 8; thence along the East line of said Northwest Quarter of said Section 8 North 00°00'45" East 56.00 feet, more or less, to a point on the Southerly line of EAST RIDGE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the Northerly line of TIMBERLINE- INTERNATIONAL ANNEXATION NO. 1, City of Fort Collins, County of Larimer, State of Colorado; thence departing said East line of said Northwest Quarter of said Section 8 and along said Southerly line of EAST RIDGE ANNEXATION and along said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 South 89°32’31” East 30.00 feet, more or less, to a point on the Easterly right-of-way line of Timberline Road; said point also being the Northeast corner of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2, City of Fort Collins, County of Larimer, State of Colorado; thence departing said Southerly line of EAST RIDGE ANNEXATION and departing said Northerly line of TIMBERLINE-INTERNATIONAL ANNEXATION NO. 1 and along said Easterly right-of-way line of Timberline Road and the Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 the following four (4) courses and distances: South 00°00’45” West 56.00 feet; South 00°00’45” East 236.46 feet; South 88°09’05” East 39.91 feet to the beginning of a non-tangent curve concave to the West having a central angle of 05°44’34” and a radius of 1170.50 feet, the long chord of which bears South 04°41’28” West a distance of 117.27 feet; thence Southerly along the arc of said curve 117.32 feet, more or less, the Southeast corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2; thence departing said Easterly right-of-way line of Timberline Road and departing said Easterly lines of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along the South line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 90°00’00” West 141.91 feet, more or less, to a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; said point also being a point on the Southerly line of International Boulevard; said point also being a point on the Easterly line of Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING., County of Larimer, State of Colorado; thence along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and along said Southerly line of International Boulevard and along the Easterly and Northerly lines of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING North 44°58’04” West 7.47 feet and again North 89°35’04” West 4.11 feet; thence departing said Southerly line of International Boulevard and departing said Northerly line of said Lot 3, SUMMIT VIEW INDUSTRIAL PARK P.D., THIRD FILING and continuing along said Westerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 North 00°24’56” East 100.00 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Southwest corner of Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D., County of Larimer, State of Colorado; said point also being on the Southerly line of said Page 9 of 9 TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the TRUE POINT OF BEGINNING; thence along said Northerly line of International Boulevard and along the Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 South 89°35’04” East 40.28 feet, more or less, to the Southeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. said point a point on the Westerly right-of-way line for Timberline Road and a point on the Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2; thence departing said Northerly line of International Boulevard and departing said Southerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and departing said Northerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 and along said Westerly right-of-way line for Timberline Road and along the Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along said Westerly line of said TIMBERLINE- INTERNATIONAL ANNEXATION NO. 2 North 00°00’45” West 250.02 feet and again North 00°00’45” East 62.35 feet, more or less, to the Southwest corner of said EAST RIDGE ANNEXATION and the Northeast corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Westerly right-of-way line for Timberline Road and departing said Easterly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 89°54’17” West 273.66 feet to the Northwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D.; thence departing said Northerly line of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and along the Westerly lines of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. South 00°00’00” East 97.63 feet and again South 47°29’15” East 316.66 feet, more or less, to a point on the Northerly line of International Boulevard; said point also being the Northwest corner of said TIMBERLINE-INTERNATIONAL ANNEXATION NO. 2 and the Southwest corner of said Lot 1, INDUSTRIAL BUSINESS PARK INTERNATIONAL P.U.D. and the TRUE POINT OF BEGINNING. Containing 60,373.8 square feet (1.39 Acres), more or less.