HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2005 - RESOLUTION 2005-061 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: June 7, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2005-061 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Crawford Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
This item was considered by Council on April 19, 2005, and was postponed to this date to allow
staff to determine the ownership of a 30-foot strip of land included in the annexation.
The Crawford Annexation has been revised to remove the westerly 30-foot strip. This 30-foot
strip was quit claimed in 1902 to another party for access purposes and is not owned by the
petitioner. The parcel has been reduced in size and now consists of 29.56 acres. Also it has
come to light that the original petition for annexation was signed by the wrong entity, having
been signed by Mr. Willox as an individual rather than by the true owner, which is a limited
liability company of which he is the manager. Therefore, it is necessary to re-initiate this
annexation.
The site is located approximately one-half mile west of North College Avenue on the south side
of Willox Lane. Contiguity with the existing municipal boundary is gained along the eastern
boundary which is shared with the west property line of the Hickory Village Mobile Home Park.
Contiguity is also gained along a portion of the southern boundary which is shared with the north
property line of the City of Fort Collins Soft Gold Park. The recommended zoning is U-E, Urban
Estate. This zoning complies with the Structure Plan Map.
The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by State law be given of the Council's hearing to consider the
annexation ordinance. The hearing will be held at the time of First Reading of the annexation
and zoning ordinances on July 19, 2005. Not less than 30 days prior, published notice is
required by State law.
June 7, 2005 -2- Item No. 23
BACKGROUND
This is a 100% voluntary annexation for a property located within the Growth Management
Area. The property satisfies the requirement that no less than one-sixth of the perimeter
boundary be contiguous to the existing City boundary.
ATTACHMENTS
1. Vicinity Map
2. Annexation Petition
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ATTACHMENT 2
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the"Petitioners") hereby petition the Council of
the City of Fort Collins, Colorado for the nnexatippn of n are, to be referred to as the
62 4=1 Annexation to the City of Fort
Collins. Said area, consisting of approximately acres, is more
particularly described on Attachment"A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been
met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the"Subdistrict") pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners'
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area
be placed in the XehM fSh&Zone District pursuant to the Land Use Code of the City of Fort Collins.
(Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
si natures therefrom at any time prior to the commencement of the roll call of the City Council for the
vote upon the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment"A" as more particularly described below:
A tract of land situate in the County of Larimer, State of Colorado, to-wit:
A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2, Township 7 North,
Range 69 West of the Sixth P.M., and a tract in the Southeast 1/4 of the Southwest 1/4 of Section
35, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado,
being more particularly described as follows,to-wit; considering the North line of the Northeast 1/4
of said Northwest 1/4 as bearing N89°58'09"E and with all bearings contained herein relative
thereto, is contained within the boundary lines which begin at a point on the North line of said
Northwest 1/4 which bears S89°58'09"W 181.00 feet from the North 1/4 Corner of said Section 2,
and run thence S00°04'08"E 320.80 feet; thence N89°58'09"E 181.00 feet to a point on the East line
of the Northeast 1/4 of said Northwest 1/4; thence along said East line, S00°04'08"E 964.74 feet to
the Center-North 1/16 Corner of said Section 2; thence along the South line of the Northeast 1/4 of
said Northwest 1/4, S89°5315011W 662.52 feet; thence N00°05'34"W 562.81 feet; thence
S89053'50"W 632.75 feet to a point on the East line of a public and private access easement as
recorded in Book 151 at Page 239; thence along said East line,N00°07'O1"W 694.36 feet to a point
on the existing South right-of-way line of West Willox Lane; thence along said existing South
right-of-way line, S89°58'09"W 30.00 feet to a point on the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 2; thence along said West line,N00°07'01"W 30.00 feet to the West
1/16 Comer on the North line of said Section 2; thence N 00°07'01"W 30.00 feet to a point on the
existing North right-of-way line of West Willox Lane; thence along said existing North right-of-
way line,N89°58'09"E 1145.13 feet; thence S00°04'08"E 30.00 feet to the point of beginning,
containing 29.5614 acres, more or less, and being subject to a road right-of-way over the North
60.00 feet thereof for West Willox Lane, and being further subject to all easements and rights-of-
way which are existing or are of record or as shown on this plat.
IN WITNESS WHEROF, Uwe have executed this Petition for Annexation this a?y d y of
M&A4 2 ms .
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oner's/Ow er's Signature Petitioner's/Owner's Signature
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ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to-wit:
A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2, Township 7 North,
Range 69 West of the Sixth P.M., and a tract in the Southeast 1/4 of the Southwest 1/4 of Section
35, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado,
being more particularly described as follows, to-wit; considering the North line of the Northeast 1/4
of said Northwest 1/4 as bearing N89°58'09"E and with all bearings contained herein relative
thereto, is contained within the boundary lines which begin at a point on the North line of said
Northwest 1/4 which bears S89058'09"W 181.00 feet from the North 1/4 Corner of said Section 2,
and run thence S00°04'08"E 320.80 feet; thence N89°58'09"E 181.00 feet to a point on the East line
of the Northeast 1/4 of said Northwest 1/4; thence along said East line, S00°04'08"E 964.74 feet to
the Center-North 1/16 Corner of said Section 2; thence along the South line of the Northeast 1/4 of
said Northwest 1/4, S89°5315011W 662.52 feet; thence N00°05'34"W 562.81 feet; thence
S89053'50"W 632.75 feet to a point on the East line of a public and private access easement as
recorded in Book 151 at Page 239; thence along said East line,N00°07'O1"W 694.36 feet to a point
on the existing South right-of-way line of West Willox Lane; thence along said existing South
right-of-way line, S89°58'09"W 30.00 feet to a point on the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 2; thence along said West line,N00°07'01"W 30.00 feet to the West
1/16 Corner on the North line of said Section 2; thence N 00°07'01"W 30.00 feet to a point on the
existing North right-of-way line of West Willox Lane; thence along said existing North right-of-
way line,N89°58'09"E 1145.13 feet; thence S00°04'08"E 30.00 feet to the point of beginning,
containing 29.5614 acres, more or less, and being subject to a road right-of-way over the North
60.00 feet thereof for West Willox Lane, and being further subject to all easements and rights-of-
way which are existing or are of record or as shown on this plat.
ATTACHMENT"B"
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
Circulator's SignatureAlt
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Subscribed and sworn to before me this day of
by fi 4 L Ll
WITNESS my hand and official seal.
Commission Expiration NoWPubli
ATTACHMENT"C"
ATTORNEY CERTIFICATION
I, _ ��i4Uf (/f/1'1f✓/Y an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the ate of this certificate, the signers of this Annexation Petition for
the area referred to as the __ Annexation to the City of
Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify
that said owners constitute more than 50% of the landowners in the area proposed for annexation, as
said area is described on Attachment"A" of said Annexation Petition, and own more than 50% of the
land in said area, exclusive of streets and alleys.
Date WatuFe Attorney Reg. No.
Land Title Guarantee Company
772 Whalers Way, Suite 100
Fort Collins, CO 80525
970-282-3649
May 10, 2005
Mile High Land & Homes LLC
Attn: Norman Wyatt
3101 Kintzley Court Unit T
LaPorte CO 80535
RE: Wood Lane and Commitment Order # FC25050017
To Whom It May Concern:
In response to Larimer County's letter dated April 27, 20051 have
researched the ownership of the land underlying Wood Lane through the
Larimer County Clerk and Recorders records. My research showed a deed
recorded April 1, 1902 in Book 151 at Page 239 for a strip of land 30 feet to
be used as a road or highway for public and private use. The most current
transfer of said strip of land appears to have been to Gordon Lee Jensen and
Betty L. Jensen recorded February 16, 1972 in Book 1492 at Page 731
owners of Larimer County Parcel Number 97022-00-029. When I spoke to
the Larimer County Assessor's Office regarding the road; it does not have a
current parcel number assigned to it and is not being assessed to any one
land owner. It is considered a right of way by the Larimer County
Assessor's Office.
Attached is the current title work for 719 West Willox Laxie. The legal
description used in the commiment is for Tract "A" of Pakech Boundary
Line Adjustment and is excepting therefrom that strip of land conveyed in
Book 151 at Page 239 which is the westerly 30 feet thereof, and that which
is now known as Wood Lane.
Please do not hesitate to call me at 282-3649 if you have additional
questions.
Sincerely,
Wendy A. Bell
Title Examiner
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A �
RESOLUTION 2005-061
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
CRAWFORD ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, was
heretofore filed with the City Clerk requesting the annexation of certain property to be known as the
Crawford Annexation; and
WHEREAS,the Council of the City ofFort Collins desires to initiate annexation proceedings
in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby accepts the annexation petition for the Crawford
Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to
wit:
A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2,
Township 7 North,Range 69 West of the Sixth P.M.,and a tract in the Southeast 1/4
of the Southwest 1/4 of Section 35, Township 8 North, Range 69 West of the Sixth
P.M., County of Latimer, State of Colorado, being more particularly described as
follows,to-wit;considering the North line of the Northeast 1/4 of said Northwest 1/4
as bearing N89°58'09"E and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at a point on the North line of said
Northwest 1/4 which bears S89°58'09"W 181.00 feet from the North 1/4 Corner of
said Section 2,and run thence S00°04'0811E 320.80 feet;thence N89°58'09"E 181.00
feet to a point on the East line of the Northeast 1/4 of said Northwest 1/4; thence
along said East line,S00°04'08"E 964.74 feet to the Center-North 1/16 Corner of said
Section 2; thence along the South line of the Northeast 1/4 of said Northwest 1/4,
S89°53'50"W 662.52 feet; thence N00°05'34"W 562.81 feet; thence S89°53'50"W
632.75 feet to a point on the East line of a public and private access easement as
recorded in Book 151 at Page 239;thence along said East line,N00°07'01"W 694.36
feet to a point on the existing South right-of-way line of West Willox Lane; thence
along said existing South right-of-way line,S89°58'09"W 30.00 feet to a point on the
West line of the Northeast 1/4 of the Northwest 1/4 of said Section 2; thence along
said West line,N00°07'01"W 30.00 feet to the West 1/16 Corner on the North line
of said Section 2; thence N 00°07'01"W 30.00 feet to a point on the existing North
right-of-way line of West Willox Lane;thence along said existing North right-of-way
line, N89°58'09"E 1145.13 feet; thence S00°04'08"E 30.00 feet to the point of
beginning,containing 29.5614 acres,more or less,and being subject to a road right-
of-way over the North 60.00 feet thereof for West Willox Lane, and being further
subject to all easements and rights-of-way which are existing or are of record or as
shown on this plat.
Section 2. That the Council hereby finds and determines that the annexation petition and
accompanying map are in substantial compliance with the Municipal Annexation Act.
Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said
Notice establishes the date,time and place when a public hearing will be held regarding the passage
of annexation and zoning ordinances pertaining to the above described property. The City Clerk is
directed to publish a copy of this Resolution and said Notice as provided in the Municipal
Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
7th day of June, A.D. 2005.
Mayor
ATTEST:
City Clerk
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a
Resolution initiating annexation proceedings for the Crawford Annexation, said Annexation being
more particularly described in said Resolution, a copy of which precedes this Notice.
That,on July 19,2005,at the hour of 6:00 p.m.,or as soon thereafter as the matter may come
on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins,
Colorado,the Fort Collins City Council will hold a public hearing upon the annexation petition and
zoning request for the purpose of finding and determining whether the property proposed to be
annexed meets the applicable requirements of Colorado law and is considered eligible for annexation
and for the purpose of determining the appropriate zoning for the property included in the
Annexation. At such hearing, any persons may appear and present such evidence as they may
desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
"UE" Urban Estate Zone District.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs and activities and will make special communication arrangements for persons with
disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 7th day of June, A.D. 2005.
City Clerk