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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2009 - RESOLUTION 2009-078 AUTHORIZING THE INITIATION OF ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: August 18, 2009 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry SUBJECT Resolution 2009-078 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This Resolution authorizes the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2008 from the Poudre Valley Fire Protection District in accordance with state law and to allow for the provision of fire protection services to such properties by the Poudre Fire Authority. BACKGROUND State law(CRS § 32-1-502 et seq)requires that Council adopt a resolution agreeing to provide fire protection service to areas newly annexed into the City that was previously provided by the Fire Protection District. In 2008,the City annexed numerous areas within the territory of the Poudre Valley Fire Protection District, the legal descriptions of which are described in Exhibit "A" attached to the Resolution. Prior to annexation,residents within the properties described on Exhibit"A"have paid ad valorem property taxes to the Poudre Valley Fire Protection District for fire protection services. Subsequent to annexation, the annexed properties are subject to ad valorem property taxes to the City of Fort Collins for City services, including fire protection. From the date of such annexations,the City has provided municipal services to said properties, including police and fire services. This Resolution sets forth the City's agreement to continue to provide fire protection services to the previously annexed properties and allows the City Attorney to begin the,process for an order of exclusion. RESOLUTION 2009-078 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 WHEREAS,in 2008,the City annexed numerous properties within the territory ofthe Poudre Valley Fire Protection District; and WHEREAS, 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), any 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 police and 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 Poudre Valley Fire Protection District for fire protection services prior to annexation and, subsequent to annexation, 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 all such properties from the Poudre Valley Fire Protection District; and WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the Fire 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 Poudre Valley Fire Protection 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 agrees that the Annexed Properties should be excluded from the Poudre Valley Fire Protection District. Section 2. That the City Council hereby authorizes the City Attorney to file a petition in the Larimer County District Court pursuant to CRS Section 32-1-502 for an order to exclude the Annexed Properties, the boundaries of which are described on Exhibit"A". Section 3. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 4. 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 Poudre Valley Fire Protection District and the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of August A.D. 2009. Mayor ATTEST: City Clerk EXHIBIT A SOUTHWEST ANNEXATION - PHASE 1 LEGAL DESCRIPTION FOR LAND TO BE ZONED `C' A TRACT OF LAND SITUATE IN THE E '/2 OF SECTION 11 AND THE W '/z OF SECTION 12 AND THE NW '/4 OF SECTION 13, TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AS BEARING S 000 02' 21" W, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 13,THENCE S 000 02,21" W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING; THENCE S 00' 02' 19" W 876.44 FEET, THENCE N 89 °47' 49" E 247.73 FEET, THENCE N 000 12' 11" E 874.88 FEET,THENCE S 890 41' 05" E 199.77 FEET,THENCE N 000 02' 16" W 1007.01 FEET,THENCE N 000 13'40 W 1677.45 FEET,THENCE N 890 28'37" W 4.64 FEET,THENCE N 000 12'47" W 1333.82 FEET,THENCE S 890 24' 50" E 230.50 FEET, THENCE N 000 44' 06" E 1306.15 FEET, THENCE N 880 55' 14" W 675.00 FEET TO THE NW CORNER OF SECTION 12, THENCE S 880 49' 00" W 75.00 FEET, THENCE S 000 58' 46" W 366.08 FEET, THENCE S 010 02' 50" W 610.50 FEET, THENCE ALONG THE ARC OF A . 22,995.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 62.78 FEET, THE LONG CHORD OF WHICH BEARS S 000 57' 46" W 62.78 FEET, THENCE N 880 58' 00" W 280.27 FEET,lHENCE S 01°02'00" W 276.98 FEET, THENCE S 890 34'22" W 12.44 FEET,THENCE S 000 13' 21" E 490.13 FEET, THENCE S 890 55' 21" E 10.00 FEET, THENCE S 000 13' 21" E 96.41 FEET, THENCE S 890 46' 39" W 10.00 FEET, THENCE S 000 13' 21" E 780.97 FEET, THENCE S 890 06'45" E 321.90 FEET,THENCE S 000 13'39"E 2107.02 FEET,THENCE N 880 44' 45" E 98.17 FEET, THENCE S 000 13' 47" E 542.39 FEET, THENCE S 896 31' 40" W 50.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 84.37 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR LAND TO BE ZONED `LMN' A TRACT OF LAND SITUATE IN THE NE '/4 OF SECTION 14 AND THE NW '/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13 AS BEARING S 000 02'21" W,BASED UPON THE CITY OF FORT COLLINS COORDINATE Page I of 13 BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 14, THENCE S 000 02, 21" W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING; THENCE S 89'31'40" W 49.83 FEET,THENCE N 000 12'09" W 10.00 FEET, THENCE S 880 44' 48" W 1231.77 FEET, THENCE S 000 28' 33" W 1298.09 FEET, THENCE N 880 51' 57" E 1244.80 FEET, THENCE N 000 10' 49" E 234.69 FEET, THENCE S 890 57' 41" E 99.99 FEET, THENCE N 000 09' 10" E 120.55 FEET, THENCE N 000 12' 11" W 59.33 FEET, THENCE S 890 47' 49" W 53.87 FEET, THENCE N 000 02' 19" E 876.44 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 38.325 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR LAND TO BE ZONED `RL' A TRACT OF LAND SITUATE IN THE SW '/4 OF SECTION 1 AND THE SE '/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1 AS BEARING S 880 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE S 880 55' 14" E 153.27 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 1, THENCE N 000 52' 32" E 1280.26 FEET, THENCE N 130 09'42" W 145.69 FEET,THENCE S 460 18'07" W 90.76 FEET,THENCE N 890 04'38" W 101.13 FEET, THENCE S 000 59' 42" W 76.37 FEET, THENCE S 220 39' 32" W 67.30 FEET, THENCE S 000 58' 03" W 1221.27 FEET, THENCE N 880 49' 00"E 75.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING A NET AREA OF 7.06 ACRES, MORE OR LESS. LEGAL DESCRIPTION FOR LAND TO BE ZONED `UE' A TRACT OF LAND SITUATE IN THE SW '/4 OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLOR-ADO; CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 AS BEARING S 880 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE Page 2 of 13 BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12,THENCE S 880 55' 14" E 675.00 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 12, THENCE S 000 44' 06" W 1306.15 FEET,THENCE N 890 24' 50" W 230.50 FEET, THENCE S 000 12'47"E 1333.82 FEET,THENCE S 890 28' 37" E 4.64 FEET,TO THE TRUE POINT OF BEGINNING; THENCE S 890 28' 37" E 622.07 FEET, THENCE S 000 13' 40" E 1092.14 FEET, THENCE N 890 39' 10" W 617.40 FEET, THENCE N 00 13' 40" W 1094.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 15.49 ACRES, MORE OR LESS. Page 3 of 13 SOUTHWEST ANNEXATION - PHASE 2 Parcel A A tract of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West, of The Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also a portion of the "Southwest Enclave Annexation Phase II" to the City of Fort Collins, being more particularly described as follows; Considering the south line of the said southwest quarter of Section 36 as bearing North 89 Degrees 56 Minutes 52 Seconds West between a 2.5" aluminum cap monument, PLS 14823, at the south quarter corner of Section 36, and a 3"brass cap monument, PLS 17664, at the southwest corner of Section 36, 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 36,the south quarter corner is also the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; Thence along the boundary of the said Southwest Enclave Annexation Phase II the following three (3) courses and distances, (1) North 00 degrees 01 minutes 33 seconds East for a distance of 764.21 feet; (2)North 89 degrees 56.minutes 52 seconds West for a distance of 296.65 feet; (3) South 00 degrees 01 minutes 33 seconds West for a distance of 764.21 feet to the said south line of the southwest quarter; THENCE along the said south line,South 89 degrees 56 minutes 52 seconds East for a distance of 296.65 feet to the point of beginning. Containing 5.204 acres more or less. Parcel B A tract of land located in the Northeast Quarter of Section 1, Township 6 North, Range 69 West, of The Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also a portion of the "Southwest Enclave Annexation Phase II"to the City of Fort Collins, being more particularly described as follows; Considering the north line of the northwest quarter of the said Section 1 as bearing North 89 Degrees 56 Minutes 52 Seconds West between a 2.5" aluminum cap monument, PLS 14823, at the north quarter corner of Section 1, and a 3" brass cap monument, PLS 17664, at the northwest corner of Section 1, Based upon GPS Page 4 of 13 observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said north quarter corner of Section 1; Thence along the boundary of the said Southwest Enclave Annexation Phase II,being the west line of the said northeast quarter of Section 1, South 00 degrees 35 minutes 28 seconds West for a distance of 2400.26 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said boundary and continuing along the said west line of the northeast quarter, South 00 degrees 35 minutes 28 seconds West for a distance of 233.71 feet to the south boundary of the said Southwest Enclave Annexation Phase II; THENCE along the said boundary, South 89 degrees 37 minutes 09 seconds East for a distance of 148.05 feet; THENCE continuing along the said boundary, North 31 degrees 49 minutes 22 seconds West for a distance of 276.20 feet to the point of beginning. Containing 0.397 acres more or less. Parcel C A tract of land located in the Northwest Quarter of Section 1, Township 6 North, Range 69 West, of The Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also a portion of the Southwest Enclave Annexation Phase II to the City of Fort Collins,being more particularly described as follows; Considering the north line of the northwest quarter of the said Section 1 as bearing North 89 Degrees 56 Minutes 52 Seconds West between a 2.5" aluminum cap monument, PLS 14823, at the north quarter corner of Section 1, and a 3" brass cap monument, PLS 17664, at the northwest corner of Section 1, Based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said north quarter corner of Section 1 the said north quarter corner is also the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said north line of the northwest quarter, North 89 degrees 56 minutes 52 seconds West for a distance of 1264.76 feet; THENCE along the boundary of the said Southwest Enclave Annexation Phase II, the following eleven(11)courses and distances,(1) South 00 degrees 1 I minutes 08 seconds West for a distance of 199.49 feet; (2) North 89 degrees 48 minutes 52 seconds West for a distance of 130.71 feet; (3) South 45 degrees 11 minutes 08 seconds West for a distance of 102.98 feet; (4) South 00 degrees 11 minutes 08 seconds West for a distance of 270.00 feet; Page 5 of 13 (5) South 28 degrees 12 minutes 22 seconds East for a distance of 63.08 feet; (6)North 63 degrees 59 minutes 22 seconds West for a distance of 245.35 feet; (7)North 56 degrees 09 minutes 38 seconds West for a distance of 332.82 feet; (8) South 36 degrees 15 minutes 42 seconds West for a distance of 86.63 feet; (9) North 82 degrees 17 minutes 38 seconds West for a distance of 312.60 feet; (10)South 01 degrees 01 minutes 22 seconds West for a distance of 2287.74 feet; (11)South 89 degrees 37 minutes 09 seconds East for a distance of 2311.89 feet to the east line of the said northwest quarter of Section 1; THENCE along the said east line,North 00 degrees 35 minutes 28 seconds East for a distance of 2633.97 feet to the point of beginning. Containing 130.066 acres more or less. Page 6 of 13 THORLAND NO. 1 ANNEXATION A portion of Lot 1, Blehm Subdivision, located in the southwest '/4 of section 5, township 6 north,range 68 west of the 6`h PM,County of Larimer,State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest '/4 of section 5, township 6 north, range 68 west of the 6`h PM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto. Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 6th PM, County of Larimer, State of Colorado; Thence N89°32'56"E on the south line of the southwest '/4, of said section 5, a distance of 696.96 feet; Thence N00°10'00"E, a distance of 862.98 feet to a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90°00'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence N00°15'17"W, on said east line, a distance of 209.11 feet to the north line of said lot 1; Thence S89°53'30"W on said north line, a distance of 222.36 feet to the aforesaid west line of said lot 1; Thence S00°10'00"E on said west line, a distance of 440.76 feet to the point of beginning Containing a calculated area of 1.66 acres Page 7 of 13 THORLAND NO. 2 ANNEXATION A portion of Lot 1, Blehm Subdivision, located in the southwest %4 of section 5, township 6 north,range 68 west of the 6`h PM,County of Larimer,State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest '/4 of section 5, township 6 north, range 68 west of the 6' PM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto. Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 6`h PM, County of Larimer, State of Colorado; Thence N89°32'56"E on the south line of the southwest '/4, of said section 5, a distance of 696.96 feet; To a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence N00°10'00"W, on said west line, a distance of 862.98 feet; Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90°00'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence S00°15'17"E, on said east line, a distance of 1123.29 feet to the south right- of-way line of Kechter Road; Thence S89°32'56"W, on said south right-of-way line, a distance of 224.41 feet; Thence N00 I0'00"W, a distance of 30.01 feet to the point of beginning. Containing a calculated area of 5.18 acres. Page 8 of 13 FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION A tract of land located in Sections 15, 16, 17,20,21,and 22 all in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the north line of the northeast quarter of the said Section 21 as bearing North 86 degrees 38 minutes 47 seconds West between a 3.25" Aluminum Cap monument at the northeast corner of Section 21 and a 3.25" Aluminum Cap monument at the north quarter corner of Section 21,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 21; THENCE along the east line of the said northeast quarter of Section 21, South 00 degrees 29 minutes 35 seconds West for a distance of 57.23 feet to the south line of that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at Reception NO. 92039354 records of the Clerk and Recorder of the said Larimer County, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of the northeast quarter, South 00 degrees 29 minutes 35 seconds West for a distance of 0.28 feet to the existing south right of way of Carpenter Road as dedicated by the Plat of Fossil Creek Farm M.L.D. No. 00-S 1539; THENCE along the said existing south right of way,North 89 degrees 41 minutes 04 seconds East for a distance of 59.91 feet (previously recorded as 60.00 feet) to the west line of that certain tract of land as described in a Deed of Dedication recorded August 13, 1992 at Reception No. 92049221 records of the said Clerk and Recorder; THENCE along the said west line, South 00 degrees 35 minutes 27 seconds West for a distance of 1.36 feet to the south line of the said tract described at Reception No. 92049221; THENCE along the said south line, along a non-tangent curve to the left having a radius of 5790.00 feet a central angle of 01 degrees 10 minutes 55 seconds and an arc length of 119.43 feet, being subtended by a chord of South 89 degrees 37 minutes 47 seconds East for a distance of 119.43 feet; THENCE continuing along the said south line, North 89 degrees 46 minutes 48 seconds East for a distance of 1264.10 feet to the west line of the existing State Highway(I-25) right of way; THENCE along the said State Highway right of way the following three (3) courses and distances, (1) North 81 degrees 14 minutes 44 seconds West for a distance of 170.44 feet; (2)North 00 degrees 08 minutes 51 seconds West for a distance of 35.53 feet; Page 9 of 13 (3)North 89 degrees 41 minutes 04 seconds East for a distance of 51.27 feet; THENCE continuing along the said State Highway right of way, and along the westerly line of that certain tract of land described in a Special Warranty Deed recorded December 28, 2005 at Reception No. 20050110472 records of the said Clerk and Recorder, North 00 degrees 34 minutes 46 seconds East for a distance of 204.22 feet to the southerly line of the Fossil Creek Reservoir as shown on a Survey Plat by James H. Stewart, PLS dated January 29, 1975; THENCE along the said southerly line the following 29 courses and distances, (1) North 61 degrees 32 minutes 14 seconds West for a distance of 437.39 feet; (2)North 45 degrees 29 minutes 14 seconds West for a distance of 490.00 feet; (3)North 56 degrees 50 minutes 14 seconds West for a distance of 405.00 feet; (4)North 43 degrees 10 minutes 14 seconds West for a distance of 355.00 feet to the east line of the said Section 16 Township 6 North Range 68 West; (5) along the said east line, North 00 degrees 32 minutes 46 seconds East for a distance of 5.34 feet; (6)North 44 degrees 25 minutes 14 seconds West for a distance of 653.21 feet; (7) North 01 degrees 58 minutes 29 seconds West for a distance of 604.02 feet; (8) North 45 degrees 06 minutes 29 seconds West for a distance of 246.58 feet; (9) North 71 degrees 32 minutes 44 seconds West for a distance of 328.65 feet; (10)South 63 degrees 24 minutes 46 seconds West for a distance of 195.40 feet; (11)South 77 degrees 28 minutes 01 seconds West for a distance of 301.55 feet; (12)South 67 degrees 12 minutes 31 seconds West for a distance of 373.70 feet; (13)South 89 degrees 10 minutes 46 seconds West for a distance of 382.55 feet; (14)South 09 degrees 11 minutes 31 seconds West for a distance of 430.50 feet; (15)South 86 degrees 38 minutes 31 seconds West for a distance of 601.85 feet; (16)South 71 degrees 48 minutes 01 seconds West for a distance of 205.40 feet; (17)North 76 degrees 24 minutes 29 seconds West for a distance of 243.00 feet; (18)North 65 degrees 11 minutes 44 seconds West for a distance of 374.20 feet; (19)North 56 degrees 57 minutes 59 seconds West for a distance of 369.25 feet; (20)South 33 degrees 40 minutes 46 seconds West for a distance of 405.60 feet; (21)South 87 degrees 20 minutes 16 seconds West for a distance of 384.40 feet; (22)North 69 degrees 58 minutes 44 seconds West for a distance of 407.00 feet; (23)North 62 degrees 09 minutes 59 seconds West for a distance of 284.51 feet; (24)North 80 degrees 25 minutes 14 seconds West for a distance of 137.89 feet (previously recorded as 138.93 feet) to the west line of the said Section 16; (25)along the said west line and continuing along the said southerly line of the Fossil Creek Reservoir, North 00 degrees 31 minutes 41 seconds East for a distance of 19.77 feet (previously recorded as 19.60 feet); (26)North 88 degrees 45 minutes 41 seconds West for a distance of 506.08 feet (previously recorded as 505.00 feet); (27)North 80 degrees 19 minutes 14 seconds West for a distance of 465.00 feet; (28)South 81 degrees 33 minutes 46 seconds West for a distance of 377.00 feet; Page 10 of 13 (29)North 78 degrees 37 minutes 14 seconds West for a distance of 434.00 feet to the westerly line of that certain tract of land as described in a Public Trustee's Deed recorded December 27, 1990 at Reception No. 90060837 records of the said Clerk and Recorder; THENCE leaving the said southerly line of the Fossil Creek Reservoir and along the said westerly line as recorded at Reception No.90060837 and its southerly extension, South 00 degrees 43 minutes 55 seconds West for a distance of 1171.28 feet to the southerly Right of Way of Carpenter Road as described in a Warranty Deed recorded January 27, 1999 at Reception No.99007575 records of the said Clerk and Recorder; THENCE along the said southerly Right of Way, South 49 degrees 04 minutes 18 seconds East for a distance of 1249.46 feet to the said southerly Right of Way of Carpenter Road as shown on the Plat of Fossil Lake PUD First Filing South Property, being a line which is 30.00 feet south of and parallel with the north line of the northeast quarter of the said Section 20; THENCE continuing along the said southerly Right of Way, North 89 degrees 45 minutes 50 seconds East for a distance of 815.95 feet; THENCE continuing along the said southerly Right of Way, being a line which is 30.00 feet south of and parallel with the north line of the northwest quarter of the said Section 21, South 86 degrees 41 minutes 40 seconds East for a distance of 2652.67 feet to the west line of that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at Reception NO. 92039354 records of the said Clerk and Recorder; THENCE along the said west line,South 00 degrees 33 minutes 06 seconds West for a distance of 30.04 feet to the south line of the said tract described at Reception NO. 92039354; THENCE along the said south line and along the south line of that certain tract of land described in a Deed of Dedication recorded July 16, 1992 at Reception NO. 92041166 records of the said Clerk and Recorder, South 86 degrees 38 minutes 47 seconds East for a distance of 1811.73 feet to the east line of the said tract described at Reception NO. 92041166; THENCE along the said east line,North 03 degrees 21 minutes 13 seconds East for a distance of 30.00 feet; THENCE continuing along the said south Right of Way line, being a line which is 30.00 feet south of and parallel with the north line of the northeast quarter of the said Section 21, South 86 degrees 38 minutes 47 seconds East for a distance of 215.00 feet to the west line of the said tract described at Reception NO. 92041166; THENCE along the west and south lines of the said tract described at Reception NO. 92041166 the following three (3)courses and distances, (1)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet; (2)South 86 degrees 38 minutes 47 seconds East for a distance of 50.00 feet; (3)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet; Page 11 of 13 THENCE continuing along the said south line and along the said south line of the tract described at Reception No. 92039354, South 86 degrees 38 minutes 47 seconds East for a distance of 393.17 feet; THENCE continuing along the said south line as described at Reception No. 92039354, along a curve to the left having a radius of 5790.00 feet a central angle of 01 degrees 47 minutes 39 seconds and an arc length of 181.30 feet, being subtended by a chord of South 87 degrees 32 minutes 36 seconds East for a distance of 181.29 feet to the Point of Beginning; Containing 326.319 acres more or less. TOGETHER WITH: With the above described basis of bearings; Commencing at the southeast corner of the said Section 16; THENCE along the east line of the said Section 16,as shown on the said Survey Plat of Fossil Creek Reservoir, North 00 degrees 32 minutes 46 seconds East for a distance of 3248.48 to the said southerly line of the Fossil Creek Reservoir, and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of Section 16, North 00 degrees 32 minutes 46 seconds East for a distance of 329.62 to the said southerly line of the Fossil Creek Reservoir; THENCE along the said southerly line the following five (5)courses and distances, (1) North 85 degrees 35 minutes 14 seconds West for a distance of 123.42; (2) South 61 degrees 42 minutes 01 seconds West for a distance of 290.00; (3) South 65 degrees 12 minutes 01 seconds West for a distance of 224.50; (4) South 82 degrees 31 minutes 29 seconds East for a distance of 279.11; (5) South 76 degrees 45 minutes 29 seconds East for a distance of 310.57 to the point of beginning. Containing 2.426 acres more or less. The above described annexation contains a total of 328.745 acres more or less. Page 12 of 13 SHIELDS AND VINE ENCLAVE ANNEXATION A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AS BEARING NORTH 000 23' 26" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 3,THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER, N 890 20' 03" W 314.00 FEET TO THE EASTERLY LINE OF THE GRANADA HEIGHTS ANNEXATION TO THE CITY OF FORT COLLINS; , THENCE ALONG SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF THE SAID ANNEXATION THE FOLLOWING FIVE (5) COURSES AND DISTANCES, (1)N 000 23' 26" E 286.86 FEET; (2) N 34' 20' 03" W 75.00 FEET;(3)N 00°23'26"E 318.61 FEET; (4) S 72°45'03"E 193.95 FEET;(5)N 86' 51' 57" E 172.00 FEET TO A POINT OF INTERSECTION WITH SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 3;THENCE ALONG THE SAID EAST LINE, S 000 23' 26" W 623.12 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4.84 ACRES MORE OR LESS. Page 13 of 13