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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - ITEMS RELATING TO THE SOUTHWEST ANNEXATION ITEM NUMBER: 43 A-B AGENDA ITEM SUMMARY DATE: July18, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Southwest Annexation. RECOMMENDATION Staff recommends adoption of the Resolutions. EXECUTIVE SUMMARY A. Resolution 2006-077 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to be Known as the Southwest Enclave Annexation. This is a request to initiate annexation of a County enclave that is completely surrounded by properties that have been annexed into the City. The proposed annexation area is composed of approximately 2.748 square miles (1,748 acres) of property generally bordered on the north by Harmony Road,the south by Trilby Road,South Taft Hill Road on the west and 1/4 mile east of College Avenue to the east. B. Resolution 2006-078 Creating a Southwest Enclave Annexation Transition Committee. This Resolution would create an Annexation Transition Committee.Transition committees will be required by law for large enclave annexations initiated after September 1, 2006. Even though the resolution initiating this particular annexation is being considered by the Council before September 1, creation of such a committee shows a continued City commitment to communicate effectively with enclave property owners. The annexation transition committee will serve as an information conduit between the City and enclave residents. The Committee will be comprised of two City staff employees, two Latimer County staff employees and five citizens who reside, own property or operate a business within the enclave area. The resolution gives the City Manager the authority to appoint the City staff members and the citizen members of the Committee. July 18, 2006 -2- Item No. 43 A-B BACKGROUND Compliance with State Statues This area is eligible for annexation according to the Colorado Revised Statutes(C.R.S.)§31-12-106, which permit an unincorporated area to be annexed if such area has been surrounded by land within the City's jurisdiction for a period of not less than three years. This annexation request complies with this standard since the enclave was created upon approval of the Coyote Ridge Annexations more than three years ago (November 30, 2001). Consistency with Intergovernmental Agreement The area is located within the Fort Collins Growth Management Area(GMA) except for 40 acres lying within the Wildflower GMA Expansion Area. Under the Intergovernmental Agreement ("IGA") between the City of Fort Collins and Latimer County pertaining to the City's Growth Management Area, the City has agreed to pursue the annexation of enclaves in the GMA as those areas become eligible for annexation according to state law. Compliance with Comprehensive Plan The requested zoning districts for this annexation are Urban Estate(UE),Low Density Residential (RL),Low Density Mixed-Use Neighborhood(LMN),Medium Density Mixed-Use Neighborhood (ND AN), Rural Lands (RUL), Commercial (C) and Public Open Lands (POL). The City's adopted Structure Plan, a part of City Plan,designates the corresponding portions of the annexation area as Urban Estate, Low Density Residential, Low Density Mixed-Use Residential, Medium Density Mixed-Use Residential,Rural Open Lands, Commercial Corridor, and Open Lands,Parks, Stream Corridors. Some portions of the annexation designated"Open Lands,Parks,Stream Corridors"are held under private ownership, but are undevelopable due to their location within FEMA and City- regulated floodways.Therefore,the proposed zoning district designations are considered consistent with the Structure Plan designations. Policy Basis The requested enclave annexation is consistent with policy affirmed by the City Council at work sessions held on August 28 and September 25, 2001 which concluded that: • The City agrees to consider annexation of land located within the Growth Management Area (GMA) which are eligible for voluntary annexation (per the Intergovernmental Agreement with Latimer County); • The City agrees to pursue annexation any parcel eligible for involuntary annexation(per the Intergovernmental Agreement with Latimer County); and • A detailed fiscal impact analysis for involuntary enclave annexations must be completed. Such analysis must be created just prior to Council consideration so that the numbers are considered"up to date". Emphasis on Reducing Impacts II r July 18, 2006 -3- Item No. 43 A-B Further, the present City Council affirmed its intent to annex the Southwest Enclave area in work sessions held on November 8, 2005 and on June 27, 2006. At the work session, the Council discussed the fact that there is strong opposition to the proposed annexation on the part of many property owners within the Enclave. Substantial outreach efforts have been conducted by the City over an extended period of time in order to better understand the concerns of the property owners and develop ways to address these concerns. In addition, the cost of providing services to the Enclave after annexation has been a significant concern to the City, especially in view of recent budget constraints. To deal with these concerns, staff has presented two concepts to the Council: • mitigation measures directed toward some of the property owners' primary concerns • a phasing approach to the annexation. Mitigation Measures In order to reduce the financial burden on area property owners and residents and make a smoother transition to the City, the staff is proposing a series of mitigation measures. In some instances, implementation of the measures will require specific amendments to the City Code,Land Use Code, and/or elements added to the annexation resolution or ordinance. • Use Utility reserve funds to cover all except 5% of the 25%mandated service rights fee for Poudre Valley Rural Electric Authority(PVREA)customers in the enclave area. As a result, PVREA customers will pay the same or less for City electric service than they do currently under PVREA. Xcel customers will see a 35-40% decline in electric rates. State law mandates that the City pay an additional 25% of each customer's monthly fee to PVREA for a period of 10 years. In the past, the City has chosen to pass this fee along to customers. Enclave residents have voiced strong opposition to this practice,and many small business owners have expressed concern that it will not only harm their business but, in some cases, the 25% coupled with the City's demand rate could cause them to go out of business. By reducing the fee to 5%,PVREA customers in the southwest enclave will pay the same or less for City electric service than they do currently under PVREA. These calculations take the value of the PVREA"rebate"into account as well;even factoring this in, PVREA customers will pay the same or less with the City. Excel users, who are not impacted by the service rights fee, will see a 35-40% reduction in rates under City service. The remaining 20%fee would be covered using Utility reserve funds,costing approximately $2.3 million over 10 years. (Absorbing the entire 25%fee would cost$2.9 million over 10 years.) As of December 31, 2005 Light and Power fund reserves totaled $48 million, $8 million of which is non-cash, such as accounts receivable and inventory supplies. This measure would apply only to the southwest enclave area. Any future requests of this nature will be considered on a case-by-case basis. • Underground electric utilities at no cost to property owners. • Phase in monthly stormwater utility fees over a five-year period, charging 20%of the total fee the first year, then 40, 60, 80 and 100%, respectively. July 18, 2006 -4- Item No. 43 A-B Enclave residents do not currently pay utility fees for stormwater. By phasing in the new stormwater fees, residents and property owners will be able to factor the cost into their budgets. This replicates the experience of other City residents, who have seen gradual increases in stormwater fees as rates have changed over the years. Once all property owners reach 100%,the total fee collected for stormwater is estimated at $24,100 per month. • Allow barbed wire fences and electrically charged fences used for livestock and pasture management in UE and RUL zones. Current regulations have not accounted for the types of agricultural uses found in the new Rural Lands zone district. Additionally, new technologies allow safe and practical electrically charged fences that were not possible in the past. This Code change will apply city-wide and allows electrically charged fences as long as they do not exceed a maximum amperage, are used within permanent fencing, and contain signs identifying them as being electrically charged if located along any public right of way. 5. Change the amortization period from 5 years to 7 years for nonconforming permanent signs located on properties annexed into the City. The City began working with Latimer County about 10 years ago on a project to amend the County Sign Code so that the County's regulations would conform to the City's regulations, at least for the properties in the urban growth area. However,the County placed the project on hold until last year when consistent sign regulations were finally adopted. Had the Code been amended 10 years ago, the number of potentially nonconforming signs that could be annexed would be substantially less and the economic impact to county property owners might not be as great. Replacement or remodeling of nonconforming signs that are currently in the county can cost thousands of dollars and business owners have noted that this additional cost is especially burdensome when added to other potential costs they might be subjected to. Staff is recommending this Code revision apply city wide and include future annexations. Other regulations that pertain to nonconforming permanent signs will remain. Additionally, it is recommended that no changes be made to the provision that requires"temporary"signs such as portable signs, vehicle-mounted signs, banners, and flashing or animated signs to be removed within 60 days of the date of annexation. 6. Change the licensing requirements for secondhand dealers/flea markets so that the owner of the flea market is the licensed second hand dealer rather than the individual booth operators. The majority of booth operators rent a small space from the property owner or dealer, in some cases a small cubicle, and primarily sell goods that do not fall under the definition of second hand articles subject to the licensing and record keeping requirements of the City ordinance. Booth operators have expressed concern that current licensing requirement could put them out of business,especially in those cases where one booth owner sells merchandise from several locations. July 18, 2006 -5- Item No. 43 A-B A Code change would exempt individual booth operators from the license requirements and background checks; however, shop owners would still be required to obtain a license, pay the requisite fee and comply with the reporting and record keeping requirements of the Ordinance and state law. An additional provision requires the licensee to keep an up to date list identifying the name, date of birth and address of each person renting a booth at the business. 7. Specify record keeping requirements for flea market operators so as not to put an undue burden on individual booth operators, while still addressing and satisfying the intent of the record requirements of identification of stolen property. Current regulations addressing the sale of second hand property are in many ways intended to prevent people from trafficking in stolen property, and detailed information on the original seller is required on many items. Recommended Code changes could differentiate items acquired by a second hand dealer at the premises from those obtained at garage sales or similar events. 8. Exempt animal shelters and bird rescue and education centers from restrictions on the possession and feeding of wild animals. Current Code prohibits the possession and feeding of wild animals. This change would allow the Latimer County Humane Society (located in the enclave) and other such entities to continue their services. 9. Pursue actions to address specific concerns regarding road funding and neighborhood road connections. Some local roads in the area are deteriorating and in the South College commercial area some are failing. Business and property owners want them repaired. Work will need to be done to determine if adjacent property owners are willing to pursue a Special Improvement District to fund the street repairs. Staff can work with property owners to customize the design of the streets. In the future, property owners could also consider whether or not to form an Urban Renewal Authority to help fund infrastructure improvements. Phased Annexation Primarily because the resources needed to serve the entire enclave are limited at this point in time, staff believes that it would be in the best interests of the City if the annexation of the Enclave were to take effect over a period of several years. This recommendation is reinforced by the fact that certain `outlying" portions of the enclave, especially those adjacent to or near the City's natural areas, are still more rural in character than other portions of the Enclave, such as the South College frontage areas. Staff's recommendation is that the annexation of the South College frontage area should take effect immediately,not only because that portion of the Enclave is the most urban in its character, but also because: a. It forms the southernmost entrance to the City, which makes it imperative that the City begin to apply its land use standards,including design standards, to the area in July 18, 2006 -6- Item No. 43 A-B order to create an attractive gateway to the City and to promote the economic development of the City; b. It generates significantly more tax revenues than the rest of the Enclave because development in the area is primarily commercial, which means that the revenues from the area will make it more feasible for the City to fund and provide critical services to the area, such as police services; C. It generally has a higher crime rate than the rest of the Enclave, which makes the provision of urban level law enforcement services in the area more time sensitive than in the rest of the Enclave; and d. It requires fewer city-funded amenities such as recreational and cultural facilities because of its non-residential nature. Under this approach,the annexation resolution and ordinance will describe the entire Enclave. Since state law provides that annexations do not take effect until the annexation map is filed with the County Clerk and Recorder, the annexation maps will be recorded over a period of years so as to phase in the annexation. The annexation ordinance will authorize and direct the City Manager to immediately record only that portion of the Enclave that consists of the South College frontage areas. It would further authorize and direct the City Manager to bring back as many as three additional phases of the Enclave,separately described on subsequent maps, in order for Council to approve the recording of the maps for those phases at such time as the City Manager believes that those additional portions of the Enclave should be annexed,taking into consideration the factors that will be set forth in the annexation ordinance. 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YE9 yA," LowDenagy Mimd flee IlMhborhood -public Open Lend ®Ul MEMde OGMA Boundary RESOLUTION 2006-077 OF THE COUNCIL OF THE CITY OF FORT COLLINS STATING THE INTENT OF THE CITY OF FORT COLLINS TO ANNEX CERTAIN PROPERTY AND INYI'IATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY TO BE KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION WHEREAS, the property hereinafter described has, for a period of not less than three (3) years prior to this date,been completely contained within the boundaries of the City of Fort Collins; and WHEREAS,the Council 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 of the Cityof Fort Collins intends to annex the following S described property, to be known as the Southwest Enclave Annexation, situate in the County of Latimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 7 NORTH, RANGE 68 WEST AND SECTIONS 1, 2, 10, 11, 12, 13, AND 15 OF TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 AS BEARING N 89° 50' 21" E WITH ALL BEARING HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 1,THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CALLS IN SECTION 36-7-96 THENCE,N 00° 01'32" E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF EAST HARMONY ROAD; THENCE, N 00 . 01' 32" E 189.91 FEET ALONG THE WESTERLY LINE OF THE HARMONY ROAD-LAVAUX ANNEXATION TO THE CITY OF FORT COLLINS ALSO BEING THE EASTERLY LINE OF PITNER ESTATES; CONTINUING N 00° 01' 32" E 543.59 FEET ALONG THE WESTERLY LINE OF THE LANDINGS FIRST ANNEXATION TO THE CITY OF FORT COLLINS ALSO BEING THE EASTERLY LINE OF SAID PITNER ESTATES; THENCE, N 89° 48' 49" W 296.65 FEET ALONG THE SOUTHERLY LINE OF THE SOUTH COLLEGE PROPERTIES ANNEXATION TO THE CITY OF FORT COLLINS ALSO BEING THE NORTHERLY LINE OF SAID PITNER ESTATES;THENCE,S OO*Ol'32"W 398.99 FEET ALONG THE EASTERLY LINE OF SAID SOUTH COLLEGE PROPERTIES ANNEXATION AND THE WESTERLY LINE OF SAID PTI'NER ESTATES TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF UNPLATTED LAND; CONTINUING S 00' Ol' 32" W 238.77 FEET ALONG SAID UNPLATTED LAND AND THE EASTERLY LINE OF SAID SOUTH COLLEGE PROPERTIES ANNEXATION TO A POINT OF INTERSECTION WITH SAID PITNER ESTATES AT THE NORTHERLY LINE OF LOT 1; CONTINUING S 00° OF 32" W 95.00 FEET ALONG THE EASTERLY LINE OF SAID SOUTH COLLEGE PROPERTIES ANNEXATION AND THE WESTERLY LINE OF SAID PITNER ESTATES TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF EAST HARMONY ROAD; CONTINUING, S 00° 01' 32" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 ALSO BEING THE SOUTHERLY LINE OF SAID SOUTH COLLEGE PROPERTIES ANNEXATION AND THE NORTHERLY LINE OF THE THIRD FILING OF FAIRWAY ESTATES; CALLS IN SECTION 1-6-69 THENCE,N 89° 56'S2" W 968.03 FEET ON AND ALONG SAID NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 1 AND THE THIRD FILING OFFAIRWAYESTATES TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 11' 04" W 70.00 FEET ALONG A LINE COMMON BETWEEN THE EASTERLY LINE OF SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE WESTERLY LINE OF SAID THIRD FILING OF FAIRWAY ESTATES TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF EAST HARMONY ROAD; CONTINUING, S 00° 11'04" W 129.46 FEET ALONG SAID LINE; THENCE, N 89° 48' S6" W 130.71 FEET ALONG SAID LINE;THENCE,S 45° 11'04"W 102.98 FEET ALONG SAID LINE; THENCE, S 00° 11' 04" W 270.00 FEET ALONG SAID LINE; THENCE, S 28° 12' 26" E 63.08 FEET ALONG SAID LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF FAIRWAY ESTATES; THENCE, N 63° 59' 26" W 245.35 FEET ALONG A LINE COMMON BETWEEN THE FAIRWAY ESTATES BUSINESS ANNEXATION AND FAIRWAY ESTATES; THENCE,N 56 08' S6" W 328.60 FEET ALONG SAID LINE; THENCE, S 35 ' 39'43" W 99.43 FEET ALONG SAID LINE;THENCE,N 82' 16' S6" W 310.48 FEET ALONG SAID LINE;THENCE, S 010 05, 15" W 2274.34 FEET ALONG SAID LINE TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 AND THE NORTHERLY LINE OF THE FOSSIL CREEK FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 89 ° 37' 09" E 228.61 FEET ALONG SAID SOUTH LINE ALSO BEING THE SOUTHERLY LINE OF SAID FAIRWAY ESTATES AND SAID NORTHERLY LINE OF THE FOSSIL CREEK FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE FOSSIL CREEK SECOND ANNEXATION TO THE CITY OF FORT COLLINS; CONTINUING, S 89° 37'09" E 310.72 FEET ALONG SAID SOUTH LINE ALSO BEING THE SOUTHERLY LINE OF SAID FAIRWAY ESTATES AND SAID NORTHERLY LINE OF THE FOSSIL CREEK SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF FOSSIL CREEK MEADOWS,PHASE ONE; THENCE, S 01° 00' 12" W 459.76 FEET ALONG THE EASTERLY LINE OF SAID FOSSIL CREEK SECOND ANNEXATION AND SAID WESTERLY LINE OF FOSSIL CREEK MEADOWS,PHASE ONE; THENCE,N 89° 37'09"W 310.72 FEET ALONG THE SOUTH LINE OF SAID FOSSIL CREEK SECOND ANNEXATION ALSO BEING THE NORTHERLY LINE OF SAID FOSSIL CREEK MEADOWS,PHASE ONE AND TO A POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF FOSSIL CREEK THIRD ANNEXATION THE CITY OF FORT COLL NS; THENCE,S 00° 55'32"W 405.42 FEET ALONG A COMMON LINE BETWEEN SAID FOSSIL CREEK TH RD ANNEXATION AND THE WESTERLY LINE OF FOSSIL CREEK MEADOWS, PHASE ONE;THENCE,S 39°08'39"W 86.44 FEET ALONG SAID COMMON LINE;THENCE, S 71° 30'28"W 291.52 FEET ALONG SAID COMMON LINE;THENCE,S 46° 18'07"W 275.02 FEET ALONG SAID COMMON LINE; THENCE, N 89° 04' 38" W 52.09 FEET ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK TH0RD ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1; CALLS IN SECTION 2-6-69 CONTINUING,N 89°04'38"E 44.90 FEET ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK THIRD ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE ALSO BEING THE EASTERLY LINE OF THE FOSSIL CREEK WEST FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 01 ° 10' 10" E 76.23 FEET ALONG THE COMMON LINE OF THE WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE AND SAID EASTERLY LINE OF SAID FOSSIL CREEK WEST FIRST ANNEXATION;THENCE,S 22° 50'00"W 67.30 FEET ALONG SAID COMMON LINE;THENCE,S 01°08'30"W 408.18 FEET ALONG SAID COMMON LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF FOSSIL CREEK WEST SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 01" 08' 30" W 813.32 FEET ALONG SAID WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE AND THE EASTERLY LINE OF THE FOSSIL CREEK WEST SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE SKYVIEW LTD. ANNEXATION TO THE CITY OF FORT COLLINS; r CALLS IN SECTION 11-6-69 THENCE, S 00` 58'42" W 366.08 FEET ALONG THE COMMON LINE OF SAID WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE ALSO BEING THE EASTERLY LINE OF THE SKYVIEW LTD. ANNEXATION;THENCE, S 01* 02'45" W 610.50 FEET ALONG SAID COMMON LINE TO THE POINT OF A CURVE CONCAVE TOWARDS THE EAST 62.79 FEET; WITH A CENTRAL ANGLE OF 00° 09' 23", A RADIUS OF 22,995 FEET AND A CHAORD WHICH BEARS THENCE, S 00` 57' S3" W 62.79 FEET; THENCE, N 88° 58'05" W 280.27 FEET LEAVING SAID WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE ALONG THE SOUTHERLY LINE OF SAID SKYVIEW LTD.ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE RISING SON MINOR SUBDIVISION; THENCE, S 01° 01' S5" W 276.98 FEET ALONG THE COMMON LINE BETWEEN SAID SKYVIEW LTD. ANNEXATION AND THE EASTERLY LINE OF THE RISING SON MINOR SUBDIVISION;THENCE, S 89' 34' 17" W 13.11 FEET ALONG SAID COMMON LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SKYVIEW ACRES SUBDIVISION; THENCE, S 89` 34' 17" W 1481.53 FEET ALONG SAID SOUTHERLY LINE OT SKYVIEW LTD. ANNEXATION AND THE NORTHERLY LINE OF SAID SKYVIEW ACRES SUBDIVISION TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE,N 24° 25'05"E 1424.74 FEET ALONG THE WESTERLY LINE OF SAID SKYVIEW LTD. ANNEXATION ALSO BEING THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11;THENCE, N 88 ° 49' 00" E 39.33 FEET ALONG THE LINE COMMON TO SKYVIEW LTD. ANNEXATION, THE EASTERLY RIGHT-OF-WAY FOR THE BURL NGTON NORTHERN AND SANTA FE RAILROAD TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11 AND THE SOUTHERLY LINE OF SAID FOSSIL CREEK WEST SECOND ANNEXATION; CALLS IN SECTION 2-6-69 THENCE, N 24 ° 37' 00" E 253.65 FEET ALONG A COMMON LINE BETWEEN THE WESTERLY LINE OF SAID FOSSIL CREEK WEST SECOND ANNEXATION AND THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE, TO THE POINT OF A CURVE CONCAVE TOWARDS THE WEST 239.15 FEET,WITH A CENTRAL ANGLE OF 04° 40'00",A RADIUS OF 2936.14 FEET AND A CHORD WHICH BEARS N 22° 17' 00" W 239.06 FEET; THENCE, TO THE POINT OF A CURVE CONCAVE TOWARDS THE WEST 373.58 FEET,WITH A CENTRAL ANGLE OF 14° 00'00", A RADIUS OF 1532.70 FEET AND A CHORD WHICH BEARS N 12° 57'00" E 373.58 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID FOSSIL CREEK WEST FIRST ANNEXATION; THENCE, ALONG A COMMON LINE BETWEEN THE WESTERLY LINE OF SAID FOSSIL CREEK WEST FIRST ANNEXATION AND THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD TO THE POINT OF A CURVE CONCAVE TOWARDS THE WEST 239.12 FEET,WITH A CENTRAL ANGLE OF 04°40'00", A RADIUS OF 2936.14 FEET AND A CHORD WHICH BEARS N 03° 35' 28" E 239.05 FEET; THENCE, N 01' 17' 00" E 1533.45 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE MILL SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 70° 09' 34" W 114.47 FEET ALONG THE SOUTHERLY LINE OF SAID MILL SECOND ANNEXATIONLINE AND LEAVING SAID EASTERLY RIGHT-OF-WAYFOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD;THENCE,N 01° 06'32" W 181.60 FEET ALONG THE WESTERLY LINE OF SAID MILL SECOND ANNEXATION; THENCE, S 88° 36' 28" E 99.52 FEET ALONG THE NORTHERLY LINE OF THE MILL SECOND ANNEXATION TO A POINT OF INTERSECTION WITH EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD AND THE WESTERLY LINE OF THE MCCLANAHAN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 01 ° 01' 31" E 433.98 FEET ALONG A COMMON LINE BETWEEN THE WESTERLY LINE OF SAID MCCLANAHAN FIRST ANNEXATION AND THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD; THENCE, S 88° 36' 29" E 913.46 FEET ALONG THE NORTHERLY LINE OF SAID MCCLANAHAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE; THENCE,N 00° 57'06"E 148.04 FEET ALONG THE WESTERLY RIGHT-OF-WAY OF SAID SOUTH COLLEGE AVENUE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF ARBOR SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 88° 02' 34" W 612.17 FEET ALONG THE SOUTHERLY LINE OF SAID ARBOR SOUTH FIRST ANNEXATION;THENCE, S 01 ° 14' 26" W 112.29 FEET ALONG THE WESTERLY LINE OF SAID ARBOR SOUTH FIRST ANNEXATION TO A POINT OF INTERSECTION WITH NORTHERLY LINE OF THE MCCLANAHAN FIRST ANNEXATION AS PREVIOUSLY CALLED;THENCE,N 88' 36'29" W 54.03 FEET ALONG THE COMMON LINE OF SAID MCCLANAHAN FIRST ANNEXATION AS PREVIOUSLY CALLED AND THE SOUTHERLY LINE OF ARBOR SOUTH FIRST ANNEXATION; THENCE, N O1 ° 14' 01" E 29.91 FEET THE SOUTHERLY LINE OF ARBOR SOUTH FIRST ANNEXATION; THENCE, N 88` 40' 53" W 446.67 FEET ALONG SAID SOUTHERLY LINE OF ARBOR SOUTH FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD;THENCE,N 00° 56 41" E 1050.55 FEET ALONG THE WESTERLY LINE OF SAID ARBOR SOUTH FIRST ANNEXATION ALSO BEING THE WESTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF ARBOR COMMERCIAL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00° 56' 41" E 527.34 FEET ALONG THE WESTERLY LINE OF SAID ARBOR COMMERCIAL ANNEXATION ALSO BEING THE WESTERLY RIGHT-OF-WAY FOR THE BURLINGTON NORTHERN AND SANTA FE RAILROAD TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE NORDICK ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,S 85° 53' 14"W 208.76 FEET ALONG THE SOUTHERLY LINE OF THE NORDICK ANNEXATION; THENCE, N 00° 43' 15" E 459.80 FEET ALONG THE WESTERLY LINE OF SAID NORDICK ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2; THENCE,N 89-54'24"W 557.47 FEET ALONG SAID LINE OFTHE NORTHEAST QUARTER ALSO BEING THE SOUTHERLY LINE OF THE HORSETOOTH-HARMONY ANNEXATION TO THE CITY OF FORT COLLINS AND TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE VOC TECH/SMITH ANNEXATION TO THE CITY OF FORT COLL NS; THENCE, S 00° 18' 15" W 1271.00 FEET ALONG THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION ALSO BEING THE WESTERLY LINE OF BROOKWOOD ESTATES;THENCE,N 89°27' 15"W 729.36 FEET ALONG THE SOUTHERLY LINE OF SAID VOC TECH/SMITH ANNEXATION ALSO BEING THE NORTHERLY LINE OF BROOKWOOD ESTATES;THENCE,S 00°35'41"W 1351.66 FEET ALONG THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION TO NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE; S 89° 49' 32" W 615.26 FEET ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE ORCHARD SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 37'35"W 741.39 FEET ALONG THE EASTERLY LINE OF SAID ORCHARD SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF APPLEWOOD ESTATES; THENCE, S 88° 59' 00" W 348.27 FEET ALONG THE SOUTHERLY LINE OF SAID ORCHARD SECOND ANNEXATION ALSO BEING THE NORTHERLY LINE OF SAID APPLEWOOD ESTATES TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE ORCHARD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,S 88°59'00"W 352.56 FEET ALONG THE SOUTHERLY LINE OF SAID ORCHARD ANNEXATION ALSO BEING THE NORTHERLY LINE OF SAID APPLEWOOD ESTATES TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2 ALSO BEING THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION; THENCE,S 00°26'39"W 1893.22 FEET ALONG THE EASTERLY LINE OF WEST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2 ALSO BEING THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION TO THE WEST 1/16TH CORNER OF SECTION 2 AND SECTION 11; CALLS IN SECTION 11-6-69 THENCE, S 00° 26' 39" W 40.02 FEET ALONG THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF FOSSIL CREEK DRIVE;THENCE, S 88° 46'47" W 1281.59 FEET ALONG THE SOUTHERLY LINE OF SAID VOC TECH/SMITH ANNEXATION AND FOSSIL CREEK DRIVE TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE WUERKER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,S 00°00' 19"W 683.45 FEET ALONG THE EASTERLY LINE OF SAID WUERKER ANNEXATION; THENCE, S 88° 33' 19" W 30.01 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 10; CALLS IN SECTION 10-6-69 CONTINUNING; S 88 ° 33' 19" W 632.16 FEET ALONG THE SOUTHERLY LINE OF SAID WUERKER ANNEXATION TO A POINT OF INTERSECTION WITH A LATERAL IRRAGATION DITCH; THENCE, ALONG SAID SOUTHERLY LINE OF THE WUERKER ANNEXATION THE FOLLOWING THIRTEEN(13)COURSES FOLLOWING SAID LATERAL IRRAGATION DITCH: 1 -N 04' 43'41" W 32.23 FEET; 2 -N 21° 42' 31" W 16.90 FEET; 3 -N 44' 54' 26" W 67.22 FEET; 4-N 40° 49' 11" W 21.12 FEET; 5 -N 30' 41' 31" W 19.32 FEET; 6 - N 23° 03' 36" W 53.88 FEET; 7 - N 25° 56' 36" W 127.52 FEET; 8 - N 47° 24'06" W 26.58 FEET; 9 -N 65° 58' 26" W 18.09 FEET; 10- N 75° 22' 31" W 22.16 FEET; 11- N 82' 55' 31" W 21.55 FEET; 12- S 84° 33' 04" W 28.93 FEET; 13- S 70° 45' 14" W 33.44 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE FOSSIL CREEK ESTATES ANNEXATION TO THE CITY OF FORT COLL NS; THENCE, ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK ESTATES ANNEXATION THEFOLLOWING FIFTY SEVEN(57)COURSES CONTUNING ALONG SAID LATERAL IRRAGATION DITCH: 1 - S 53° 55'01" W 20.13 FEET; 2 - S 40° 21' 26" W 49.98 FEET; 3 - S 57° 51' 26" W 12.41 FEET; 4 - S 72° 26' 56" W 47.34 FEET; 5 - S 46' 32' 31" W 12.68 FEET; 6 - S 30' 3F 56" W 15.03 FEET; 7 - S 20` 07'46" W 25.01 FEET; 8 - S 07° 30' 16" W 25.23 FEET; 9 - S 00° 18' 16" W 39.94 FEET; 10- S 12' 16' 51" W 25.46 FEET; 11- S 35` 04' 26" W 12.20 FEET; 12- S 49' 19'46" W 15.90 FEET; 13- S 67° 58' 56" W 14.94 FEET; 14- S 74° 15' 01" W 28.99 FEET; 15- S 58° 05'46" W 23.19 FEET; 16- S 14° 52' 31" W 51.26 FEET; 17- S 25° 56' 31" W 11.54 FEET; 18- S 34° 53' 51" W 15.12 FEET; 19- S 49° 03'01" W 108.01 FEET; 20- S 64° 08'01" W 18.46 FEET; 21- S 54° 55' 36" W 15.77 FEET; 22- S 41° 52'01" W 24.72 FEET; 23- S 33' 50' 31" W 28.84 FEET; 24- S 49° 26'46" W 42.67 FEET; 25- S 58' 40' 36" W 23.25 FEET; 26- S 70° 17' 01" W 20.37 FEET; 27- S 78° 16'45" W 44.84 FEET; 28- S 85° 49' 56" W 16.75 FEET; 29- N 76' 34' 54" W 50.20 FEET; 30- S 86° 35'01" W 22.96 FEET; 31- S 75' 17' 11" W 27.89 FEET; 32- S 70' 36' 24" W 23.44 FEET; 33- N 54° 59'44" W 18.89 FEET; 34- N 85° 26' 34" W 86.15 FEET; 35-N 78° 30'04" W 85.68 FEET; 36- S 87° 41' 11" W 25.00 FEET; 37- S 70° 27' 36" W 32.99 FEET; 38-N 88° 41' 56" W 16.02 FEET; 39- S 77° 09' 59" W 18.38 FEET; 40- S 50` 09' 19" W 29.46 FEET; 41- S 57° 42' 11" W 102.12 FEET; 42- S 25° 40' 54" W 30.28 FEET; 43-N 32° 35' 54" W 37.30 FEET; 44-N 43' 10'44" W 58.50 FEET; 45-N 63' 48' 54" W 33.37 FEET; 46-N 70° 54' 19" W 85.77 FEET; 47- N 48° 44'44" W 34.42 FEET; 48-N 34° 52' 34" W 146.57 FEET; 49- N 57° 34' S4" W 57.41 FEET; 50- N 74° 57' 19" W 53.30 FEET; 51- S 52° 04' 31" W 50.69 FEET; 52- S 58' 28'01" W 31.03 FEET; 53- N 89° 06' S9" W 44.82 FEET; 54- N 78° 09' S4" W 108.79 FEET; 55-N 46° 34' S4" W 25.69 FEET; 56-N 21° 37' S4" W 45.80 FEET; 57- N 32° 35' 14" W 92.54 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE CATHY FROMME NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 35' 17" W 830.53 FEET ALONG THE EASTERLY LINE OF SAID CATHY FROMME NATURAL AREA ANNEXATION TO THE EAST 1/16TH CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 10 ALSO BEING A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE CATHY FROMME SECOND NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS; CONTINUING, S 00 - 35' 17" W 1329.61 FEET ALONG THE EASTERLY LINE OF SAID CATHY FROMME SECOND NATURAL AREA ANNEXATION TO THE CENTER 1/4 CORNER OF SAID SECTION 10;CONTINUING, S 00° 35' 17"W 1329.17 FEET ALONG THE EASTERLY LINE OF SAID CATHY FROMME SECOND NATURAL AREA ANNEXATION TO THE EAST 1/16TH CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 10;THENCE, S 89° 56'46" W 2598.18 FEET ALONG THE SOUTHERLY LINE OF SAID CATHY FROMME SECOND NATURAL AREA ANNEXATION ALSO BEING THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH TAFT HILL ROAD AND THE EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,S 00°48'26"W 1307.89 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD AND THE EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT- OF-WAY LINE OF WEST TRILBY ROAD;CONTINUING,S 00°48'26"W 30.00 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT Hu ROAD AND THE EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 15; CALLS IN SECTION 15-6-69 THENCE, S 00° 34' S1" W 50.01 FEET ALONG THE EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST TRILBY ROAD; CONTINUING, S 00° 34' 51" W 1264.24 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TAFT HILL ROAD ALSO BEING THE EASTERLY LINE OF SAID COYOTE RIDGE SECOND ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE COYOTE RIDGE SIXTH ANNEXATION TO THE CITY OF FORT COLLINS ALSO BEING THE SOUTHERLY LINE OF THE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE, N 89° 53' 06" E 1253.97 FEET ALONG SAID NORTHERLY LINE OF THE COYOTE RIDGE SIXTH ANNEXATION; THENCE, N 89 ° 46' 29" E 1310.59 FEET ALONG SAID NORTHERLY LINE OF THE COYOTE RIDGE SIXTH ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF TRILBY HEIGHTS SIXTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00' 52' 06" E 1287.61 FEET ALONG THE WESTERLY LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST TRILBY ROAD;CONTINUING,N 00'52'06"E 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; CALLS IN SECTION 10-6-69 CONTINUING,N 00° 52'06"E 30.01 FEET ALONG THE WESTERLY LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID WEST TRILBY ROAD; THENCE, N 89 ° 45' 26" E 2720.81 FEET ALONG THE NORTHERLY LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE TIMAN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; CALLS IN SECTION 11-6-69 THENCE, N 88° 46' 29" E 2689.31 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION TO THE CITY OF FORT COLLINS ALSO BEING THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE, N 00` 38' 08" W 960.24 FEET ALONG THE WESTERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SKYVIEW SOUTH SECOND SUBDIVISION; THENCE, N 89° 03' 47" E 520.00 FEET ALONG THE NORTHERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION ALSO BEING THE SOUTHERLY LINE OF THE SKYVIEW SOUTH SECOND SUBDIVISION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SKYVIEW SOUTH FIRST SUBDIVISION; CONTINUING,N 89°03'47"E 110.00 FEET ALONG THE NORTHERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION ALSO BEING THE SOUTHERLY LINE OF THE SKYVIEW SOUTH FIRST SUBDIVISION TO POINT OF INTERSECTION Wrm THE WESTERLY RIGHT-OF-WAY OF CONSTELLATION DRIVE; CONTINUING,N 89° 03' 47" E 60.00 FEET ALONG THE NORTHERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION ALSO BEING THE SOUTHERLY LINE OF THE SKYVIEW SOUTH FIRST SUBDIVISION TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF CONSTELLATION DRIVE;THENCE, S 00 38'08"E 960.24 FEET ALONG THE EASTERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION; THENCE, N 89° 03' 47" E 369.46 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FIRST FREE WILL BAPTIST CHURCH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 01°29' 12"W 370.00 FEET ALONG THE WESTERLY LINE OF SAID FIRST FREE WILL BAPTIST CHURCH ANNEXATION ALSO BEING THE EASTERLY LINE OF SAID SKYVIEW SOUTH FIRST SUBDIVISION;THENCE, N 8903'47"E 543.51 FEET ALONG THE NORTHERLY LINE OF SAID FIRST FREE WILL BAPTIST CHURCH ANNEXATION ALSO BEING THE SOUTHERLY LINE OF SAID SKYVIEW SOUTH FIRST SUBDIVISION TO A POINT OF INTERSECTION WITH SAID TIMAN FIRST ANNEXATION; THENCE, N 01° 30' 25" W 2244.47 FEET ALONG THE WESTERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT ON THE SOUTH RIGHT-OF-WAY OF WEST SKYWAY DRIVE; THENCE, S 88° 47' 46" E 982.97 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE; THENCE, S 00° 05'20" W 2107.05 FEET ALONG THE EASTERLY LINE OF SAID TIMAN FIRST ANNEXATION ALSO BEING THE WESTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE;THENCE,S 89°03'47" W 371.38 FEET ALONG THE SOUTHERLY LINE OF SAID TIMAN FIRST ANNEXATION; THENCE,S 00°02'49"E 489.13 FEET ALONG THE EASTERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SECTION 14; CALLS IN SECTION 14-6-69 THENCE,S 00"04'00"E 30.00 FEET ALONG THE EASTERLY LINE OF SAID TIMAN FIRST ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF SAID WEST TRILBY ROAD; THENCE, S 89 ' 03' 47" W 860.95 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID WEST TRILBY ROAD TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE TRILBY HEIGHTS THIRD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 02' 49" E 489.13 FEET ALONG THE EASTERLY LINE OF SAID TRILBY HEIGHTS THIRD ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE TRIANGLE FARMS ANNEXATION THE CITY OF FORT COLLINS; THENCE, N 88 ° 51' 56" W 640.89 FEET ALONG THE NORTHERLY LINE OF SAID TRIANGLE FARMS ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE HERMITAGE ANNEXATION THE CITY OF FORT COLLINS; THENCE, N 88 ° 51' 56" W 603.57 FEET ALONG THE NORTHERLY LINE OF SAID HERMITAGE ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE AND THE WESTERLY LINE OF THE DUECK COLORADO PROPERTIES Ltd.ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00° 10' 49" E 234.69 FEET ALONG SAID WESTERLY LINE OF THE DUECK COLORADO PROPERTIES Ltd.ANNEXATION ALSO BEING THE WESTERLY RIGHT-OF- WAY OF SAID SOUTH COLLEGE AVENUE;THENCE, S 89° 57'41" E 46.12 FEET ALONG THE NORTHERLY LINE OF SAID DUECK COLORADO PROPERTIES Ltd. ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 13; CALLS IN SECTION 13-6-69 THENCE, S 89° 57' 41" E 53.87 FEET ALONG THE NORTHERLY LINE OF SAID DUECK COLORADO PROPERTIES Ltd.ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF SAID SOUTH COLLEGE AVENUE;THENCE,S 83°46' 11" E 873.44 FEET ALONG THE NORTHERLY LINE OF SAID DUECK COLORADO PROPERTIES Ltd. ANNEXATION; THENCE, S 00 ° 10' 49" W 969.12 FEET ALONG THE EASTERLY LINE OF SAID DUECK COLORADO PROPERTIES Ltd. ANNEXATION; THENCE, S 28° 01' 17" W 25.66 FEET ALONG THE EASTERLY LINE OF SAID DUECK COLORADO PROPERTIES Ltd.ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE HALCYON ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,THE FOLLOWING TEN(10)COURSES ALONG THE NORTHERLY LINE OF SAID HALCYON ANNEXATION: 1 - S 63° 18' 39" E 148.03 FEET; 2 - S 74° 07 01" E 147.80 FEET; 3 - S 44° 44' 26" E 84.15 FEET; 4 - S 43" 18'46" E 42.45 FEET; 5 - S 36° 07' S4" E 35.80 FEET; 6 - S 35° 32' 25" E 273.30 FEET; 7 - S 35' 24' S2" E 43.56 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13; 8 - S 89° 44' 19" E 276.59 FEET ALONG THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13; 9 - N 34° 06' 19" W 856.11 FEET; 10-N 00° 23'01"W 321.39 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE HALCYON SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, THE FOLLOWING TEN (6) COURSES ALONG THE WESTERLY AND NORTHERLY LINES OF SAID HALCYON SECOND ANNEXATION: 1 -N 00° 10'49" E 104.55 FEET; 2 - S 74° 04' 3 1" E 400.50 FEET; 3 - S 69° 08' 11" E 160.05 FEET; 4 - N 19° 45' S9" E 1031.09 FEET; 5 - S 84° 01'41" E 24.50 FEET; 7 - S 51° 02' S6" E 593.49 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE HALCYON ANNEXATION; THENCE,S 89° 55 15 E 600.00 FEET ALONG THE SOUTHERLY LINE OF SAID HALCYON ANNEXATION; THENCE, N 00° 04'40" E 520.47 FEET ALONG THE WESTERLY LINE OF SAID HALCYON ANNEXATION; THENCE, N 00 ° 24' 01" E 553.14 FEET ALONG THE WESTERLY LINE OF SAID HALCYON ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 ALSO BEING THE SOUTHERLY LINE OF THE FUQUA ANNEXATION TO THE CITY OF FORT COLLINS; CALLS IN SECTION 12-6-69 THENCE, N 88° 11' 32" W 607.38 FEET ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SECTION 12 ALSO BEING THE SOUTHERLY LINE OF SAID FUQUA ANNEXATION TO THE SOUTH QUARTER CORNER OF SAID SECTION 12; THENCE, N 00° 27' 20" E 1744.17 FEET ALONG THE WESTERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 12 TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE VILLAGE GROVE ANNEXATION TO THE CITY OF FORT COLL NS; THENCE,THE FOLLOWING FIFTEEN(15)COURSES ALONG THE SOUTHERLY LINE OF SAID VILLAGE GROVE ANNEXATION ALSO BEING THE NORTHERLY LINE OF LYNN ACRES SUBDIVISION: 1 - N 89° 34' 37" W 371.22 FEET; 2 - S 00° 37' S3" E 316.12 FEET; 3 -N 89° 34' 37" W 208.71 FEET; 4 - N 00° 37' S3" E 316.12 FEET; 5 -TO A CURVE CONCAVE TO THE SOUTH 165.30 FEET,WITH A CENTRAL ANGLE OF 45'45'43",A RADIUS OF 206.96 FEET AND A CHORD WHICH BEARS S 67'32'33"E 160.94 FEET; 6 - S 44° 39'43" W 76.81 FEET; 7 - S 00° 25'23" W 407.17 FEET; 8 - S 89° 34' 37" E 200.00 FEET; 9 - S 00° 37' 53" W 417.42 FEET; 11- N 89° 34' 37" W 360.00 FEET; 12- N 00° 37' S3" E 1.29 FEET; 13- N 89° 34' 37" W 837.92 FEET; 14- N 00° 37' S3" E 166.18 FEET; 15-TO A CURVE CONCAVE TO THE SOUTHEAST 63.05 FEET,WITH A CENTRAL ANGLE OF 89° 53' 05", A RADIUS OF 40.19 FEET AND A CHORD WHICH BEARS N 45° 34' 38" E 56.78 FEET; 16- S 00` 31' 23" W 60.00 FEET TO A POINT OF INTERSECTION WITH THE SHERIDAN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,TO A CURVE CONCAVE TO THE SOUTHEAST 157.20 FEET,WITH A CENTRAL ANGLE OF 89° 53'47",A RADIUS OF 100.19 FEET AND A CHORD WHICH BEARS S 45° 34' 42"W 141.56 FEET;THENCE,N 89° 34'37"W 359.12 FEET;THENCE,N 00°03'07"W 313.41 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE VILLAGE GROVE ANNEXATION; THENCE, N 00° 03' 07" E 270.00 FEET ALONG THE EASTERLY LINE OF THE KEL MAR STRIP FIRST FILING TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF LYNN ACRES; THENCE, S 89° 28'37"E 617.40 FEET ALONG SAID SOUTHERLY LINE OF LYNN ACRES; THENCE, N 00° 03' 07" W 671.98 FEET ALONG THE EASTERLY LINE OF LYNN ACRES TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SUNBURST KNOLLS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00° 03' 07" W 415.26 FEET ALONG THE EASTERLY LINE OF SAID LYNN ACRES AND THE WESTERLY LINE OF SAID SUNBURST KNOLLS ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE HUNTINGTON MEWS ANNEXATION TO THE CITY OF FORT COLLINS AT THE NORTHERLY RIGHT-OF-WAY OF EAST SKYWAY DRIVE; THENCE, N 89° 28' 37" W 622.12 FEET ALONG THE SOUTHERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID KEL MAR STRIP FIRST FILING; THENCE, N 00 ° 12' 49" W 1333.82 FEET ALONG THE EASTERLY LINE OF SAID KEL MAR STRIP FIRST FILING ALSO BEING THE WESTERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SOUTH 13 SUBDIVISION;THENCE, S 89° 24'S2"W 230.50 FEET ALONG THE SOUTHERLY LINE OF SAID SOUTH 13 SUBDIVISION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE CORRAL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 00 ° 44' 08" W 1306.15 FEET ALONG SAID WESTERLY LINE OF CORRAL ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF SAID FOSSIL CREEK MEADOWS AND THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 1; CALLS IN SECTION 1-6-69 THENCE, S 88° 55' 14" E 844.77 FEET ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK MEADOWS ALSO BEING THE NORTHERLY LINE OF SAID CORRAL ANNEXATION TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION; CONTINUING S 88' 55' 14" E 1158.84 FEET ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK MEADOWS ALSO BEING THE YLINE OF SAID HUNTINGTON MEWS ANNEXATION TO THE SOUTH QUARTER CORNER OF SAID SECTION 1 AND A POINT OF INTERSECTION WITH THE KEENLAND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00° 35' 28" W 1306.15 FEET ALONG THE WESTERLY LINE OF SAID KEENLAND ANNEXATION ALSO BEING THE EASTERLY LINE OF SAID FOSSIL CREEK MEADOWS;THENCE,THE FOLLOWINGEIGHT COURSES ALONG SAID WESTERLYLINE OF THE KEENLAND ANNEXATION AND THE WESTERLY LINE OF CASTLE RIDGE AT MIRAMONT A CITY OF FORT COLLINS SUBDIVISION: 1 - S 70° 44' 38" E 126.42 FEET; 2 -N 14° 17' 38" E 79.38 FEET; 3 -N 18' 59' 22" E 32.15 FEET; 4 -N 47' 39' 22" E 112.02 FEET; 5 -N 16° 47' S2" E 73.76 FEET; 6 -N 21° 25' 38" W 129.60 FEET; 7 -N 13` 27' 38" W 118.17 FEET; 8 - S 89` 37'09" E 316.12 FEET TO A POINT OF INTERSECTION WITH THE SOUTH BANK OF THE MAIL CREEK DITCH; THENCE, N 31° 43' 50" W 283.42 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID FAIRWAY ESTATES; THENCE, THENCE,N 00°35'28"E 1732.14 FEET ALONG SAID LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE FRONT RANGE BAPTIST ANNEXATION TO THE CITY OF FORT COLLINS; CONTINUING, N 00° 35' 28" E 589.80 FEET ALONG SAID LINE TO A POINT OF INTERSECTION WITH THE KEENLAND ANNEXATION AND THE SOUTHERLY RIGHT- OF-WAY OF SAID EAST HARMONY ROAD; CONTINUING, N 00' 35' 28" E 71.96 FEET ALONG SAID LINE TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 1758.567 ACRES, 2.748 SQUARE MILES, MORE OR LESS. Section 2. That the Council hereby initiates annexation proceedings for the above- described property. 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 hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th day of July, A.D. 2006. 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 Southwest Enclave Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That on September 5,2006,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. It is proposed that the Property included in the Annexation be placed in the following Zone Districts: Urban Estate (UE) Low Density Residential (RL) Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Rural Lands (RUL) Commercial (C) Public Open Lands (POL) The Cityof Fort Collins will make reasonable accommodations for access to City services, Y programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001)for assistance. Dated this 18th day of July, A.D. 2006. City Clerk RESOLUTION 2006-078 OF THE COUNCIL OF THE CITY OF FORT COLLINS CREATING A SOUTHWEST ENCLAVE ANNEXATION TRANSITION COMMrrIEE WHEREAS,House Bill 2006-1159(the"House Bill"),which will take effect September 1, 2006,will require governing bodies of annexing municipalities,prior to annexing large enclaves,to create an annexation transition committee consisting of residents, property owners, or business owners within the enclave, plus City representatives and County representatives, and to publish notice of the creation and existence of such committee; and WHEREAS, the new requirements imposed by House Bill 2006-1159 do not apply to the Southwest Enclave Annexation because the annexation has been initiated on July 18,2006,prior to the effective date of the House Bill; and WHEREAS, the City Council has nonetheless determined that, even though the formation of a transition committee for this annexation is not legally required, such a committee should be created to continue effective communications between the City and affected parties in the enclave NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby established a Southwest Enclave Annexation Transition Committee composed of the following nine members: (a) five persons who reside, operate a business, or own real property within the Southwest Enclave Annexation,which five members shall be appointed by the City Manager not later than August 15, 2006; (b) two persons to represent the City, which two members shall be appointed by the City Manager not later than August 15, 2006; and (c) two members appointed by the County Commissioners to represent the County. Section 2. That the City Clerk shall publish notice of the creation and existence of the Southwest Enclave Annexation Transition Committee,together with its regular mail,electronic mail, or telephone contact information in the same manner as provided by§31-12-108(2)of the Colorado Revised Statutes for notices of annexation petitions and resolutions initiating annexation proceedings. Section 3. That the duties of the Southwest Enclave Annexation Transition Committee shall be to serve as a means of communication between the City and Latimer County, and the persons who reside,operate a business,or own real property within the enclave regarding any public meetings on the proposed annexation and to provide a mechanism by which persons who reside, operate a business,or own real property within the enclave may communicate,whether by electronic mail,telephonic communication,regular mail,or public meetings, with the City or Larimer County regarding the proposed annexation. Passed and adopted at a regular meeting of the City Council held this 18th day of July,A.D. 2006. Mayor Attest: City Clerk