Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2008 - ITEMS RELATING TO THE GATEWAY FIRST, SECOND AND TH ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: December 16, 2008 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT Items Relating to the Gateway First, Second and Third Annexations. RECOMMENDATION Staff recommends adoption of the Resolutions and the Ordinances on Second Reading. EXECUTIVE SUMMARY Gateway First Annexation A. Resolution 2008-133 Rescinding Resolution No. 2008-111. B. Resolution 2008-134 Setting Forth Findings of Fact and Determinations Regarding the Gateway First Annexation. C. Hearing and Second Reading of Ordinance No. 151,2008,Annexing Property Known as the Gateway First Annexation to the City of Fort Collins, Colorado. D. Hearing and Second Reading of Ordinance No. 152,2008,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway First Annexation to the City of Fort Collins, Colorado. Gateway Second Annexation A. Resolution 2008-135 Rescinding Resolution No. 2008-112. B. Resolution 2008-136 Setting Forth Findings of Fact and Determinations Regarding the Gateway Second Annexation. C. Hearing and Second Reading of Ordinance No. 153,2008,Annexing Property Known as the Gateway Second Annexation to the City of Fort Collins, Colorado. D. Hearing and Second Reading of Ordinance No. 154,2008,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway Second Annexation to the City of Fort Collins, Colorado. December 16, 2008 -2- Item No. 28 Gateway Third Annexation A. Resolution 2008-137 Rescinding Resolution No. 2008-113. B. Resolution 2008-138 Setting Forth Findings of Fact and Determinations Regarding the Gateway Third Annexation. C. Hearing and Second Reading of Ordinance No. 155,2008,Annexing Property Known as the Gateway Third Annexation to the City of Fort Collins, Colorado. D. Hearing and Second Reading of Ordinance No. 156,2008,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway Third Annexation to the City of Fort Collins, Colorado. Resolutions 2008-111, 2008-112, and 2008-113 make findings that the petition for annexation for the Gateway Annexation, containing a total of approximately 256.3 acres, substantially complies with the Municipal Annexation Act(the"Act'),the City of Fort Collins Comprehensive Plan(City Plan),the Larimer County and City of Fort Collins Intergovernmental Agreements,the City of Fort Collins Land Use Code, and the Harmony Corridor Plan; that notice was duly given; and that a hearing was held regarding the annexation in accordance with the Act. These Resolutions were prematurely presented to,and adopted by,the Council on December 2,2008, before the public hearing on the annexations had actually been held. For that reason, staff recommends that Council rescind those Resolutions, hold the statutorily required hearing on the annexations,and then consider new Resolutions making findings and determinations with regard to each of the annexations. The Ordinances, adopted unanimously on First Reading on December 2, 2008, will annex the property into the City limits and place the property into the POL-Public Open Lands Zoning District. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-December 2, 2008. (w/o original attachments) ATTACHMENT ITEM NUMBER: 19 A-I AGENDA ITEM SUMMARY DATE: December 2, 2008 FORT COLLINS CITY COUNCIL FF: Ken Waido SUBJECT Items Relating to the Gateway First, Second and Third Annexations. RECOMMENDATION Staff recommends adoption of the Resolutions and the Ordinances on First Reading. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested POL, Public Open Lands Zoning District. EXECUTIVE SUMMARY A. Resolution 2008-111 S ' o di of Fac d Determinations Regarding the Gateway First Annexation. B. First Reading of Ordinance No. 151,2008,Annexing Property Known as the Gateway First Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 152, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway First Annexation to the City of Fort Collins, Colorado. D. Resolution 2008-112 Setting Forth Findings of Fact and Determinations Regarding the Gateway Second Annexation. E. First Reading of Ordinance No. 153, 2008, Annexing Property Known as the Gateway Second Annexation to tbpoeiN of o do. F. First Reading of Ordin Ice No. 4, 2 endin a Zoning Map of the City of Fort Collins and Classifying nin os a Pro Included in the Gateway Second Annexation to the City of Fort Collins, Colorado. G. Resolution 2008-113 Setting Forth Findings of Fact and Determinations Regarding the Gateway Third Annexation. H. First Reading of Ordinance No. 155,2008,Annexing Property Known as the Gateway Third Annexation to the City of Fort Collins, Colorado. December 2, 2008 -2- Item No. 19 A-1 I. First Reading of Ordinance No. 156, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway Third Annexation to the City of Fort Collins, Colorado. The proposed Resolutions m indin at th p 't' n for annexation for the Gateway Annexation, containing a to of ap ima y .3 acr , substantially complies with the Municipal Annexation Act,the ' F i mpre ive Plan (City Plan), the Larimer County and City of Fort Collins Intergovernmental Agreements,the City of Fort Collins Land Use Code,and the Harmony Corridor Plan. The Ordinances annex the property into the City limits and place the property into the POL-Public Open Lands Zoning District. BACKGROUND Applicant and Property Owner: Fort Collins Capital Leasing Corporation The City of Fort Collins acquired the property known as the Arapaho Bend Natural Area (the "Natural Area"),containing a total of approximately 277.5 acres, in1995,and annexed the property into the city limits as part of the Arapaho Bend First and Second Annexations in 1999. On October 14, 2008, the City transferred o s ip o ro ' atel 5. res of the Natural Area to the Fort Collins Capital Leasing CCdb C C' a e 'tte under Section 23-111 of the City Code. The Council then recFCC lica to disconnect from the City the portions of the Natural Area oC C, permitt under a newly established section of the City's Land Use Code(Section 2.12.6). Council then adopted Emergency Ordinance No. 130, 2008, which authorized the disconnection of portions of the Natural Area owned FCCLC, as well as portions of Harmony Road, Strauss Cabin Road, and Kechter Road. Later that same day, a petition was filed by FCCLC to re-annex the Natural Area, together with Harmony Road; Strauss Cabin Road between Harmony and Kechter Roads; Kechter Road between Strauss cabin Road and Interstate-25; and Interstate-25 from Kechter Road to Harmony Road. On October 29, 2008, FCCLC filed an Amended petition with the City Clerk making certain changes to the property to be annexed. The total size of the annexation, as now proposed, is approximately 256.3 acres. Portions ofI-25 are still contained in the area,including the highway right-of-way from about three-quarters(3/4)of a mile north of Harmony Road to about one(1)mile south of Harmony Road. However, Kechter and Strauss Cabin Roads are no longer included in the annexation. There is a portion of the Gateway xati H. fr Strauss Cabin Road to the east side of 1-25)which overlaps a opos ex 'o o f Timnath known the Riverwalk Annexation Number 1. The A rado exati quir at, upon application of the City, the District Court must hold cti he d ers in area claimed by both the City and Timnath in order to determine which municipality can annex that area. The Act also authorizes the City to proceed with the annexation of that portion of the Gateway Annexation that is not also claimed by Timnath. Due to the size of the property and the limited amount of contiguity to the existing city limits, the property is being annexed via three annexations. December 2, 2008 -3- Item No. 19 A-1 The existing land uses and zoning of surrounding properties are as follows: N: County- FA-1 Farming, undeveloped; and Strauss Cabin Park. E: Town of Timnath RC, n n , al Mart Supercenter (under construction); and City caned o n sp t I- S: County - FA-1 Farmin undev m ped; d ounty C omercial for small parcels both north(owned by the Sta olo th of ony Road(convenience store/gas station and a landscaping business.) W: County -FA-1 Farming, including about 160 acres of land owned by Latimer County; the Meadow Heights Subdivision(23 lots);and City POL,Public Open Lands,District(Arapaho Bend Natural Area) Compliance with Existing Policies and State Law The portions of the Arapaho Bend Natural Area included in the Gateway Annexation,as well as the I-25 right-of-way, are located totally within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area,the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Gateway First Annexation parcel gains its required 1/6 contiguity to existing City limi Gao ' s the Arapaho Bend First and Second Annexations (January 99) te c e Gateway Second Annexation parcel gains its required 1/6 c tiguity t limits om acommon boundary with the Arapaho Bend Second Annexati cel. ateway Third Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Gateway Second Annexation to the north of the parcel. The last two parcels are being annexed in a series which is permitted by the Colorado Annexation Act. The Initiating Resolution for the Gateway Annexation was considered by City Council on November 12, 2008 and adopted. Proposed Zoning The proposed zoning for the Gateway Annexation is the POL—Public Open Lands District,which is consistent with the City Structure Plan and with recommendations from the adopted Harmony Corridor Plan,an element of the City's Comprehensive Plan. The POL District is for large publicly owned parks and open lands which have community-wide emphasis or other characteristics which warrant inclusion under this sep si r cin ' in an adjoining neighborhood or other zoning district design ons. Findings In evaluating the proposal for the annexation and zoning of the Gateway Annexation, staff makes the following findings of fact: 1. The Gateway Annexation is consistent with the policies and agreements between Latimer County and the City of Fort Collins contained in the Intergovernmental Agreement. December 2, 2008 -4- Item No. 19 A-1 2. The Gateway Annexation meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested POL — P Q is ' conformance with the City's Comprehensive Plan City cture lama jlkp 4. On November 12, 2008, ty 1 ted a rIntion determining the annexation process for this property that includes a public hearing regarding the readings of the Ordinances annexing and zoning the area. Planning and Zoning Board Recommendation: The Planning and Zoning Board conducted a public hearing on the annexation and zoning requests at their regular monthly meeting on November 20, 2008. The Board voted 6-0 (1 member absent) to recommend approval of the annexation and requested POL,Public Open Lands Zoning District. Draft minutes of the Board's meeting are attached. ATTACHMENTS 1. Gateway First AnnexatCtion t' ma 2. Gateway Second Anne tion p 3. Gateway Third Annexa n 4. Structure Plan map. 5. Proposed Zoning map. 6. Draft Minutes of November 20, 2008 Planning and Zoning Board Meeting. COPY RESOLUTION 2008-133 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-111 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-111 setting forth findings of fact and determinations regarding the Gateway First Annexation; and WHEREAS,Section 4 of Resolution 2008-111 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway First Annexation had not been held prior to adoption of Resolution 2008-111 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subject of this annexation; and WHEREAS,Resolution 2008-111 should be rescinded so that the City Council may consider a new resolution making findings of fact and determinations regarding the Gateway First Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-111 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-134 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY FIRST ANNEXATION WHEREAS,there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. 1" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10)of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS,pursuant to Resolution 2008-109,annexation proceedings were initiated by the City Council for said undisputed property, including the property to be known as the Gateway First Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway First Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway First Annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future;and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway First Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 151, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2008-111,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land located in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian,Larimer County,Colorado,more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34; THENCE along the west line of the said southwest quarter of Section 34,North 00 degrees 07 minutes 36 seconds East for a distance of 100.01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30.02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50.00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15.00 feet; THENCE leaving the said northerly Right of Way,North 00 degrees 07 minutes 23 seconds East for a distance of 5094.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32.78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30.38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048.29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033.81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961.40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946.92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874.51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860.03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787.62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773.14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200.28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261.65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421.57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263.00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1.25 feet; THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849.49 feet; THENCE along a curve to the right having a radius of 5550.00 feet,a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025.11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023.65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551.31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181.25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601.64 feet; THENCE leaving the said north line,North 00 degrees 27 minutes 09 seconds East for a distance of 183.53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499.10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402.69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220.89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145.81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70.13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684.40 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE leaving the said Right of Way and along the said easterly line, South 00 degrees 27 minutes 20 seconds West for a distance of 50.00 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544.96 feet to the point of beginning. Containing 180.206 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway First Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains,sewer lines,gas mains,electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor Z : City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 152, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance,and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway First Annexation to the City of Fort Collins, Colorado, in the Public Open Lands("POL")Zone District,which property is more particularly described as situate in the County of Latimer, State of Colorado, to wit: A tract of land located in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian, Larimer County,Colorado,more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest comer of Section 34; THENCE along the west line of the said southwest quarter of Section 34, North 00 degrees 07 minutes 36 seconds East for a distance of 100.01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30.02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50.00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15.00 feet; THENCE leaving the said northerly Right of Way,North 00 degrees 07 minutes 23 seconds East for a distance of 5094.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32.78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30.38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048.29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033.81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961.40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946.92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874.51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860.03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787.62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773.14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200.28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261.65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of421.57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263.00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1.25 feet; THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849.49 feet; THENCE along a curve to the right having a radius of 5550.00 feet,a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025.11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023.65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551.31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181.25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601.64 feet; THENCE leaving the said north line,North 00 degrees 27 minutes 09 seconds East for a distance of 183.53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499.10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402.69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220.89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145.81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70.13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684.40 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE leaving the said Right of Way and along the said easterly line, South 00 degrees 27 minutes 20 seconds West for a distance of 50.00 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544.96 feet to the point of beginning. Containing 180.206 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. May r ATTEST: 57 City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-135 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-112 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-112 setting forth findings of fact and determinations regarding the Gateway Second Annexation; and WHEREAS, Section 4 of Resolution 2008-112 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway Second Annexation had not been held prior to adoption of Resolution 2008-112 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subject of this annexation; and WHEREAS,Resolution 2008-112 should be rescinded so that the City Council may consider a new resolution making findings of fact and determinations regarding the Gateway Second Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-112 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-136 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY SECOND ANNEXATION WHEREAS,there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. 1" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10)of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS,pursuant to Resolution 2008-109,annexation proceedings were initiated by the City Council for said undisputed property, including the property to be known as the Gateway Second Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway Second Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway Second Annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future;and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway Second Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 153, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2008-112,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North,Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest comer of Section 34; THENCE along the south line of the said southwest quarter of Section 34, South 89 degrees 29 minutes 53 seconds East for a distance of 1574.41 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said easterly line,North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way and along the westerly Right of Way of Interstate Highway 25 the following four(4)courses and distances, (1) South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; (2)North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; (3) North 54 degrees 12 minutes 15 seconds East for a distance of 85.99 feet; (4)North 25 degrees 05 minutes 15 seconds East for a distance of 473.14 feet to the southerly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the easterly line of the said tract deeded to the Fort Collins Capital Leasing Corporation, the following six (6) courses and distances, (1) North 25 degrees 05 minutes 15 seconds East for a distance of 178.31 feet(previously recorded as 178.10 feet); (2) North 02 degrees 34 minutes 45 seconds West for a distance of 554.77 feet (previously recorded as 550.00 feet); (3) along a curve to the left having a radius of 5565.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027.88 feet, being subtended by a chord ofNorth 07 degrees 52 minutes 15 seconds West for a distance of 1026.42 feet; (4) North 13 degrees 09 minutes 46 seconds West for a distance of 858.31 feet; (5)North 74 degrees 05 minutes 08 seconds West for a distance of 1.00 feet; (6)North 11 degrees 46 minutes 08 seconds West for a distance of 7.68 feet; THENCE leaving the said easterly line,North 77 degrees 13 minutes 30 seconds East for a distance of 286.46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances, (1)South 12 degrees 46 minutes 30 seconds East for a distance of 728.02 feet to the north line of the said southwest quarter of Section 34; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238.01 feet(previously recorded as 178.00 feet)to the northwest corner of the southeast quarter of the said Section 34; (3)along the west line of the said southeast quarter, South 00 degrees 10 minutes 52 seconds West for a distance of 1889.05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three(3)courses and distances(1)South 16 degrees 49 minutes 00 seconds East for a distance of 389.68 feet (previously recorded as 389.44 feet); (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175.92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183.92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260.64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following three (3) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46.15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237.24 feet; (3)South 01 degrees 46 minutes 53 seconds East for a distance of 1406.66 feet to the center quarter corner of the said Section 3; THENCE leaving the said Right of Way, and along the south line of the northwest quarter of the said Section 3, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet; THENCE leaving the said south line,North 01 degrees 46 minutes 53 seconds West for a distance of 700.00 feet; THENCE North 89 degrees 23 minutes 39 seconds West for a distance of 161.29 feet; THENCE South 02 degrees 02 minutes 30 seconds East for a distance of 700.00 feet to the said south line of the northwest quarter; THENCE along the said south line, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet to the westerly right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 1785.05 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793.61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82.86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road,North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; THENCE continuing along the said westerly and southerly Right of Way,North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; THENCE continuing along the said westerly and southerly Right of Way,North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the said easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; to the point of beginning. Containing 58.835 acres more or less. EXCEPTING THEREFROM: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North,Range 68 West,all of the Sixth Principal Meridian, Latimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said south quarter corner of Section 34; THENCE along the east line of the southwest quarter of the said Section 34,North 00 degrees 10 minutes 52 seconds East for a distance of 28.50 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said east line,North 89 degrees 18 minutes 00 seconds West for a distance of 633.13 feet; THENCE South 00 degrees 40 minutes 28 seconds West for a distance of 136.27 feet to the westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way the following three(3)courses and distances,(1)North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; (2) North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; (3)North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly line,North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the said westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way, South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; THENCE continuing along the said westerly line,North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; THENCE leaving the said westerly line, South 00 degrees 47 minutes 17 seconds West for a distance of 90.03 feet; THENCE South 89 degrees 18 minutes 00 seconds East for a distance of 1052.67 feet; THENCE South 00 degrees 42 minutes 00 seconds West for a distance of 110.50 feet; THENCE North 89 degrees 18 minutes 03 seconds West for a distance of 397.48 feet to the point of beginning. Containing 5.542 acres more or less. The above described tract contains a net area of 53.293 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway Second Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings for recording with the Latimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines,gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayo ATTEST: City Clerk , Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 154, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance,and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway Second Annexation to the City of Fort Collins,Colorado, in the Public Open Lands("POL")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North,Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest comer of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest comer of Section 34; THENCE along the south line of the said southwest quarter of Section 34, South 89 degrees 29 minutes 53 seconds East for a distance of 1574.41 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said easterly line,North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way and along the westerly Right of Way of Interstate Highway 25 the following four(4) courses and distances, (1) South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; (2)North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; (3)North 54 degrees 12 minutes 15 seconds East for a distance of 85.99 feet; (4)North 25 degrees 05 minutes 15 seconds East for a distance of 473.14 feet to the southerly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the easterly line of the said tract deeded to the Fort Collins Capital Leasing Corporation, the following six (6) courses and distances, (1) North 25 degrees 05 minutes 15 seconds East for a distance of 178.31 feet(previously recorded as 178.10 feet); (2) North 02 degrees 34 minutes 45 seconds West for a distance of 554.77 feet (previously recorded as 550.00 feet); (3) along a curve to the left having a radius of 5565.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an are length of 1027.88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026.42 feet; (4)North 13 degrees 09 minutes 46 seconds West for a distance of 858.31 feet; (5)North 74 degrees 05 minutes 08 seconds West for a distance of 1.00 feet; (6)North 11 degrees 46 minutes 08 seconds West for a distance of 7.68 feet; THENCE leaving the said easterly line,North 77 degrees 13 minutes 30 seconds East for a distance of 286.46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances,(1) South 12 degrees 46 minutes 30 seconds East for a distance of 728.02 feet to the north line of the said southwest quarter of Section 34; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238.01 feet(previously recorded as 178.00 feet)to the northwest corner of the southeast quarter of the said Section 34; (3)along the west line of the said southeast quarter,South 00 degrees 10 minutes 52 seconds West for a distance of 1889.05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three(3)courses and distances(1)South 16 degrees 49 minutes 00 seconds East for a distance of 389.68 feet(previously recorded as 389.44 feet); (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175.92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183.92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260.64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following three (3) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46.15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237.24 feet; (3)South 01 degrees 46 minutes 53 seconds East for a distance of 1406.66 feet to the center quarter corner of the said Section 3; THENCE leaving the said Right of Way, and along the south line of the northwest quarter of the said Section 3, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet; THENCE leaving the said south line,North 01 degrees 46 minutes 53 seconds West for a distance of 700.00 feet; THENCE North 89 degrees 23 minutes 39 seconds West for a distance of 161.29 feet; THENCE South 02 degrees 02 minutes 30 seconds East for a distance of 700.00 feet to the said south line of the northwest quarter; THENCE along the said south line, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet to the westerly right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 1785.05 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793.61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82.86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road,North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; THENCE continuing along the said westerly and southerly Right of Way,North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; THENCE continuing along the said westerly and southerly Right of Way,North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the said easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; to the point of beginning. Containing 58.835 acres more or less. EXCEPTING THEREFROM: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North,Range 68 West,all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter comer of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said south quarter corner of Section 34; THENCE along the east line of the southwest quarter of the said Section 34, North 00 degrees 10 minutes 52 seconds East for a distance of 28.50 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said east line, North 89 degrees 18 minutes 00 seconds West for a distance of 633.13 feet; THENCE South 00 degrees 40 minutes 28 seconds West for a distance of 136.27 feet to the westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way the following three (3)courses and distances,(I)North 89 degrees 36 minutes 27 seconds West fora distance of 265.38 feet; (2) North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; (3)North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly line,North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the said westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way, South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; THENCE continuing along the said westerly line, North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; THENCE leaving the said westerly line, South 00 degrees 47 minutes 17 seconds West for a distance of 90.03 feet; THENCE South 89 degrees 18 minutes 00 seconds East for a distance of 1052.67 feet; THENCE South 00 degrees 42 minutes 00 seconds West for a distance of 110.50 feet; THENCE North 89 degrees 18 minutes 03 seconds West for a distance of 397.48 feet to the point of beginning. Containing 5.542 acres more or less. The above described tract contains a net area of 53.293 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-137 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-113 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-113 setting forth findings of fact and determinations regarding the Gateway Third Annexation; and WHEREAS,Section 4 of Resolution 2008-113 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway Third Annexation had not been held prior to adoption of Resolution 2008-113 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subject of this annexation; and WHEREAS,Resolution 2008-113 should be rescinded so that the City Council may consider a new resolution making findings of fact and determinations regarding the Gateway Third Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-113 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-138 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY THIRD ANNEXATION WHEREAS,there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. I" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS,Section 31-12-114(10)of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS,pursuant to Resolution 2008-109,annexation proceedings were initiated by the City Council for said undisputed property,including the property to be known as the Gateway Third Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway Third Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway Third Annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future;and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway Third Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 155, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2008-113,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property,to wit: A tract of land located in Sections 3 and 10 in Township 6 North, Range 68 West of the Sixth Principal Meridian,Latimer County,Colorado,more particularly described as follows; Considering the east line of the southwest quarter of the said Section 3 as bearing South 01 degrees 46 minutes 51 seconds East between a 3.25" Aluminum Cap monument, PLS''25384 at the center quarter corner of Section 3 and a 2" Brass Cap monument, PLS 12374 at the south quarter corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said center quarter corner of Section 3, the said center quarter corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the easterly Right of Way of Interstate Highway 25, South 01 degrees 46 minutes 51 seconds East fora distance of 2052.11 feet; THENCE continuing along the said easterly Right of Way, South 19 degrees 54 minutes 03 seconds East for a distance of 537.13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149.48 feet, and returning to the said Easterly Right of Way; THENCE along the said easterly Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162.92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392.97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534.40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East fora distance of 30.00 feet to the south line of the southwest quarter of the said Section 3; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100.00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574.58 feet; THENCE continuing along the said westerly Right of Way, along a non-tangent curve to the left having a radius of It 295.00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135.64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135.64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 2400.43 feet to the north line of the said southwest quarter of Section 3; THENCE along the said north line,South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet; THENCE leaving the said north line,North 02 degrees 02 minutes 30 seconds West for a distance of 700.00 feet; THENCE South 89 degrees 23 minutes 39 seconds East for a distance of 161.29 feet; THENCE South 01 degrees 46 minutes 53 seconds East for a distance of 700.00 feet to the said north line of the southwest quarter; THENCE along the said north line,South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet to the point of beginning. Containing 21.618 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway Third Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains,sewer lines, gas mains,electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. i ayo ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 156, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance,and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway Third Annexation to the City of Fort Collins, Colorado, in the Public Open Lands("POL")Zone District,which property is more particularly described as situate in the County of Latimer, State of Colorado, to wit: A tract of land located in Sections 3 and 10 in Township 6 North, Range 68 West of the Sixth Principal Meridian,Latimer County,Colorado,more particularly described as follows; Considering the east line of the southwest quarter of the said Section 3 as bearing South 01 degrees 46 minutes 51 seconds East between a 3.25" Aluminum Cap monument, PLS 25384 at the center quarter corner of Section 3 and a 2" Brass Cap monument, PLS 12374 at the south quarter corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said center quarter corner of Section 3, the said center quarter corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the easterly Right of Way of Interstate Highway 25, South 01 degrees 46 minutes 51 seconds East for a distance of 2052.11 feet; THENCE continuing along the said easterly Right of Way, South 19 degrees 54 minutes 03 seconds East for a distance of 537.13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149.48 feet, and returning to the said Easterly Right of Way; THENCE along the said easterly Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162.92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392.97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534.40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet to the south line of the southwest quarter of the said Section 3; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100.00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way,North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574.58 feet; THENCE continuing along the said westerly Right of Way, along a non-tangent curve to the left having a radius of 11295.00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135.64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135.64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 2400.43 feet to the north line of the said southwest quarter of Section 3; THENCE along the said north line,South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet; THENCE leaving the said north line,North 02 degrees 02 minutes 30 seconds West for a distance of 700.00 feet; THENCE South 89 degrees 23 minutes 39 seconds East for a distance of 161.29 feet; THENCE South 01 degrees 46 minutes 53 seconds East for a distance of 700.00 feet to the said north line of the southwest quarter; THENCE along the said north line,South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet to the point of beginning. Containing 21.618 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. J Mayor ATTEST: City Clerk p Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk