Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2007 - RESOLUTION 2007-007 AUTHORIZING THE INITIATION OF ITEM NUMBER: 31 AGENDA ITEM SUMMARY DATE: February6, 2007 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry SUBJECT Resolution 2007-007 Authorizing the Initiation of Exclusion Proceedings in District Court Regarding the Exclusion 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 Latimer County District Court to exclude properties annexed into the City in 2006 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 The state statute (CRS 32-1-502 et seq) governing the procedure for excluding annexed properties from a special district's territory requires that Council adopt a resolution reflecting Council's agreement to provide the fire service to the newly annexed areas that was previously provided by the Fire Protection District. In 2006, the City has 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, the 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 will be 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 2007-007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS IN DISTRICT COURT REGARDING THE EXCLUSION OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT WHEREAS, in 2006, the City has annexed numerous properties within the territory of the 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 or exclude 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 of Fort Collins 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 Council hereby agrees that the Annexed Properties should be excluded from the Poudre Valley Fire Protection District. Section 2. That the Council hereby authorizes the City Attorney to file a petition in the Latimer 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 Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 4. That the 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 held this 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk EXHIBIT"A" AIRPARK VILLAGE ANNEXATION A tract of land situate in Sections 7 and 8,Township 7 North,Range 68 West of the Sixth P.M.,County of Larimer, State of Colorado,which,considering the North line of the West 1/2 of said Section 8 as bearing S89°28'51"E and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S 16'38'59"W 4367.77 feet from the North 1/4 Corner of said Section 8, and run thence S00°1 T01"W 687.33 feet to the Northeast Corner of Lot 3 of the Replat of Lot 1,Fort Collins Community Airpark Subdivision;thence along the Northerly line of said Lot 3, N59°04'20"W 269.73 feet; thence S38°07'20"W 228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence S40048'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway Avenue;thence along said Southerly right-of-way line,along the arc of a 100.00 foot radius curve to the left a distance of 4.77 feet, the long chord of which bears N50032'47"W 4.77 feet, and again N51°54'51"W 1002.79 feet;thence N38°46'56"E 337.18 feet to the Northeast Corner of Lot 29, Fort Collins Community Airpark Subdivision;thence along the Northerly line of said Fort Collins CommunityAirpark Subdivision, N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a 100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which bears S33°12'32"W 17.43 feet; thence N51°47'33"W 100.00 feet to a point on the Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of- way line,along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet, the long chord of which bears N06°58'49"W 28.26 feet, and again N52'01'54"W 862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a distance of 77.75 feet, the long chord of which bears N35°13'30"W 76.66 feet, and again along the arc of a 214.40 foot radius curve to the left a distance of 125.62 feet, the long chord of which bears N35°24'16"W 123.84 feet;thence along the Northerly line of the Second Replat of the Fort Collins Industrial Park,N52°20'51"W 1462.19 feet to the Northwest Comer of Lot 106A of the 3rd Replat of Fort Collins Industrial Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet; thence along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins Business Center 1 st Filing, N52°03'36"W 480.54 feet; thence along the Northerly line of Fort Collins Business Center 2nd Filing, N52°08'56"W 599.99 feet; thence N37043'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E 1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision; thence along the Westerly line of said Tract S, S00°18'06"E 171.84 feet, and again N88014'57"E 422.85 feet, and again S55°25'36"E 400.19 feet, and again S00°00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor Subdivision, S55019'53"E 1778.89 feet to the Southeast Comer of said Dry Creek Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision, N00006'35"E 121.43 feet to a point on the Northerly right-of-way line of International Boulevard;thence along said Northerly right-of-way line,S55°19'53"E Page 1 of 11 945.07 feet, and again S89029'21IT 802.17 feet; thence S00°05'31"W 1299.48 feet to the point of beginning,containing 147.8331 acres,more or less,and being subject to all easements and rights-of-way which are existing or are of record or as shown on this plat. Page 2 of 11 ARBOR SOUTH SECOND ANNEXATION CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS BEARING N 00*0 55' 05" E WITH ALL BEARING HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2 THENCE S 00° 55' 05' W 1931.20 FEET; THENCE, S 89° 04' 55' W 48.01 FEET TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE,S 01°00'05'W 147.22 FEET ALONG SAID WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 88° 36' 55' W 613.00 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00` 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE; THENCE, N 88° 07' 05' E 613.01 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THPRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 1.825 ACRES MORE OR LESS. Page 3 of 1 I BOMA ANNEXATION A portion of land located in the Northeast Quarter of Section 30,Township 8 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 30 as bearing South 89°38'19" East and with all bearings contained herein relative thereto: BEGINNING at the North Quarter corner of said Section 30;thence,North 00°22'09" East, 30.00 feet to a point on the North right-of-way line of County Road No. 54; thence, along said North line, South 89°38'19" East, 2674.33 feet; thence, South 00°21'41" West, 30.00 feet; thence, North 89°38'19" West, 30.00 feet to the Northeast Corner of said Section 30; thence, along the East line of the Northeast Quarter of said Section 30, South 00°21'41" West, 1319.59 feet; thence, departing said East line,North 89°42'39"West,2644.51 feet to a point on the West line of the Northeast Quarter of said Section 30; thence, along said West line,North 00°22'09" East, 1322.92 feet to the POINT OF BEGINNING. The above described tract of land contains 3,574,183 square feet or 82.051 acres, more or less and is subject to all easements and rights-of-way now on record or existing. Page 4 of 11 JOHNSTON ANNEXATION A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00°2742" EAST, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE NORTH 0002742" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 89032'18" WEST, 2512.75 FEET ALONG THE NORTH LINE OF LINDEN PARK SUBDIVISION TO THE EASTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD;THENCE NORTH 00102'42"EAST,650.82 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY;THENCE SOUTH 89°39'18"EAST,2125.48 FEET ALONG SAID SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH 41-12-18"EAST,67.00;2)SOUTH 69'50'18"EAST,286.00 FEET; 3)SOUTH 85°25'18" EAST,78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO. 1 ANNEXATION AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH 00-27-42"WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES,MORE OR LESS,AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. Page 5 of 11 MCCLELLAND'S CREEK I'D ANNEXATION A parcel of land being a portion of Lot 4 of the Staley/Poudre School MLD 00-S 1535 as recorded November 15, 2000 as Reception No. 2000078405 of the Records of Larimer County,located in the North 1/2 ofthe Northeast 1/4 of Section 9,Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: BEGINNING at the North 1/4 Corner of Section 9 and assuming the North line of the NE 1/4 of Section 9 to bear South 88°28'48"East, a distance of 2656.31 feet,with all other bearings herein relative thereto; Thence South 00°00'42"West along the West line of the NE 1 A of said Section 9 a distance of 860.50 feet to the North line of said Lot 4 and the POINT OF BEGINNING;thence South 90°00'00" East along the North line of said Lot 4 a distance of 814.83 feet to a point of departure from the North line of said Lot 4;thence South 53°51'25"East a distance of 97.43 feet; thence South 64°07'21" East a distance of 56.23 feet; thence South 58°09'31" East a distance of 67.94 feet; thence South 46°57'57" East a distance of 89.74 feet; thence South 41°12'39" East a distance of 49.33 feet; thence South 33°06'23" East a distance of 105.14 feet; thence South 37°16'39" East a distance of 90.91 feet; thence South 47°31'56" East a distance of 29.50 feet; thence South 57'01'37" East a distance of 62.90 feet; thence South 63°11'35"East a distance of 37.02 feet;thence South 71°57'32"East a distance of 50.98 feet; thence South 79108'46"East a distance of29.88 feet;thence South 67°58'43"East a distance of 29.85 feet; thence South 50°32'59" East a distance of 20.19 feet to the South line of said Lot 4;thence North 88°26'41"West along the South line of said Lot 4 a distance of 1441.68 feet to the West line of the NEIA of said Section 9; thence North 00°00'42" East along the West line of the NEIA of said Section 9 a distance of 453.76 feet to the North line of said Lot 4 and the POINT OF BEGINNING. Said parcel of land contains 11.926 acres, more or less (t), and is subject to any rights-of- way or other easements of record or as now existing on said described parcel of land. Page 6 of 11 PETERSON ANNEXATION CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERDIAN AS BEARING N 890 25'59" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE N 890 25'59"W 324.35 FEET;THENCE,S 01°50'54"E 50.07 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 01° 50'54" E 687.94 FEET; THENCE,N 89'28' 17"W 1014.23 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 03'28"E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE S 890 28' 14" E 754.47 FEET; THENCE, S 890 28' 13" E 963.99 FEET; THENCE, N 000 09' 15" W 80.01 FEET;THENCE N 89'28' 13"W 963.10 FEET;THENCE, N 890 28' 02" W 149.85 FEET; THENCE, N 00° 10' 34" W 1187.93 FEET; THENCE,N 87°43'24"W 352.93 FEET;THENCE,N 00°31'42"E 518.31 FEET; THENCE S 890 28' 17" E 847.21 FEET; THENCE,N 02° 55'31" W 299.26 FEET; THENCE S 890 33' 50" E 262.00 FEET; THENCE,N 00° 32' 13"W 274.63 FEET; THENCE, N 50° 40' 29" W 245.44 FEET; THENCE,N 000 28' 32" E 19.73 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE;THENCE,N 89°25'59"W 165.25 FEET ON AND ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 27.89 ACRES MORE OR LESS. Page 7 of I 1 SANCTUARY ANNEXATION Lot 2, Beard Minor Land Division(04-52261), according to the plat recorded October 21, 2004 at Reception No. 204-0102780 Page 8 of 11 STREAMSIDE ANNEXATION CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 890 25'59"W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE N 000 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 00° 31' 35" E 20.00 FEET;THENCE, S 89°28'25" E 1315.15 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY; THENCE, S 00' 26' 06" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, S 00' 13' 29" E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; CONTINUING,S 000 11'33"E 2560.55 FEET TO THE NORTHERLY RIGHT-OF- WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88° 27' 36" W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 00° 09' 15" W 80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00°09' 15" W 1572.26 FEET; THENCE, N 890 28' 17" W 669.62 FEET; THENCE, S 01' 50' 54"E 149.20 FEET; THENCE, S 41°38'36"W 270.16 FEET;THENCE, S 831 47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: THENCE, N 87° 43' 24" W 352.93 FEET; THENCE, N 00° 31'42" E 518.31 FEET; THENCE, S 89° 28' 17" E 847.21 FEET; THENCE, N 02° 55' 31" W 299.26 FEET; THENCE, S 89° 30' 31" E 262.00 FEET; CONTINUING, S 89° 30' 31" E 382.52 FEET; THENCE, N 00' 31' 43" E 448.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; THENCE, N 89° 28'25" W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 89° 25' 59" W 157.46 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON ANNEXATION; THENCE, N 89° 25' 59" W 165.25 FEET ALONG SAID LINE; THENCE, N 01° 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 891 25' 59" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF Page 9 of 11 INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00°34' 01" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE, N 47° 45' 36" W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE; THENCE, S 89° 25' 59" E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 ACRES MORE OR LESS. Page 10 of 11 SUNRISE RIDGE SECOND ANNEXATION A tract of land situate in the Southeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th Principal Meridian,which,considering the East line of said Southeast Quarter as bearing South 03°37'29" East and with all bearings contained herein relative thereto, are more particularly described as follows: BEGINNING at a point on the East line of said Southeast Quarter which bears South 03°37'29" East, 653.66 feet from the East Quarter corner of said Section 4; thence departing said East line, North 89°41'27" East, 30.05 feet to a point on the East Right-of-Way line of County Road No. 7;thence South 03°37'29" East, 331.66 feet along said East Right-of-Way line; thence West, 692.15 feet to a point on the West line of the East Half of the East Half of said Southeast Quarter; thence North 03133'16" West, 327.90 feet along said West line; thence North 89°41'27" West, 661.47 feet to the POINT OF BEGINNING, County of Larimer, State of Colorado. The above described tract of land contains 227,743 square feet or 5.228 acres,more or less. Page 11 of 11