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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/2010 - RESOLUTION 2010-066 AUTHORIZING THE INITIATION OF DATE: November 2, 2010 ' STAFF: Darin Atteberry FORT COLLINSCOUNCIL Resolution 2010-066 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. 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 2009 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 / DISCUSSION 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 2009, 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2010-066 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 2009,the City 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 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 petitionj 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 2nd day of November A.D. 2010. Mayor ATTEST: City Clerk EXHIBIT A MOUNTAIN VIEW SCHOOL SECOND ANNEXATION A parcel of land situate in the North Half of Section 9, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Latimer County, Colorado, more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 9 and assuming the South line of the Northeast Quarter of said Section 9, as bearing North 89°11'40" West being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007, a distance of 2611.17 feet with all other bearings contained herein relative thereto: THENCE North 00'18'20" East a distance of 30.00 feet to the Intersection of the North Right of Way line of Laporte Avenue and the Easterly line of Mountain View School Annexation, recorded May 21, 1998 as Reception No. 19980041865 of the Records of Larimer County, said point being the POINT OF BEGINNING; THENCE North 0098'20" East along the Easterly line of said Mountain View School Annexation a distance of 264.90 feet to the Southerly line of Vine- Laporte-Taft Annexation, recorded September 16, 1982 at Book 2185, Page 543, Reception No. 472940 of the Records of Larimer County; The following Two (2) courses and distances are along the Southerly and Westerly lines of said Vine-Laporte-Taft Annexation: THENCE South 89'11'40" East a distance of 240.00 feet; THENCE South 00'18'20" West a distance of 264.90 feet to the North Right of Way line of Laporte Avenue, said Right of Way line also being a Northerly line of said Mountain View School Annexation; THENCE North 89'11'40" West along the Northerly line of said Mountain View School Annexation a distance of 240.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 63,573 square feet or 1.459 acres, more or less, with the lineal dimensions as contained herein based upon the "U.S. Survey Foot." Page 1 of 19 RIVERWALK A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN 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 NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S O1-44'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25"E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE(9)COURSES: 1. S 89°47'25"E, 670.82 FEET; 2. S 89°18'55" E, 245.96 FEET; 3. S 84057'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21", AND A CHORD BEARING S 67008'05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6. ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS OF 32.81 FEET, A CENTRAL ANGLE OF 24018'57", AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7. N 72049-06" E, 56.60 FEET; 8. S 83-57-55" E, 29.18 FEET; 9. S 83044-43" E, 158.80 FEET; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE(5) COURSES: 1. S 00°30'05" W, 227.41 FEET; 2. S 89029'55"E, 25.40 FEET; 3. S 00°30'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00030'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25, THE FOLLOWING FIVE(5)COURSES: 1. S 89036'28" E, 265.38 FEET; 2. S 56-56-01" E, 82.86 FEET; Page 2 of 19 3. S 24015'59" E, 793.35 FEET; 4. S 02°02'35" E, 4185.48 FEET; 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00-41-19", AND A CHORD WHICH BEARS S 01°43'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1. S 84°55'54" W, 574.58 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO(2) COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89°04'36" W, 100.00 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAYPARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 09016'32" W, 283.78 FEET; THENCE N 01046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS, N 01049'14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3,N 01044-18" W, 2598.32 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 265.650 ACRES, MORE OR LESS. Page 3 of 19 r SOUTHWEST ANNEXATION - PHASE THREE DESCRIPTION OF THOSE PORTIONS OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO BE ZONED LMN - LOW DENSITY MIXED-USE NEIGHBORHOOD Area No. 1 A Tract of Land located in the southeast quarter of Section 11 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the south line of the Southeast Quarter of Section 11 as Bearing North 88 degrees 44 minutes 48 seconds East between a 2 . 5" Aluminum Cap Monument, PLS 14823 , at the south quarter corner of Section 11, and a 3" Brass Cap Monument at the Southeast Corner of Section 11, 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 11; THENCE along the said south line of the south east quarter, North 88 degrees 44 minutes 48 seconds East for a distance of 1061 . 72 feet to the southerly extension of the boundary of the said Southwest Enclave Annexation Phase Three; THENCE along the said extension and along the said boundary, North 01 degrees 48 minutes 12 seconds West for a distance of 400 . 00 feet; THENCE continuing along the said boundary, North 88 degrees 44 minutes 48 seconds East for a distance of 543 . 39 feet; THENCE continuing along the said boundary, North 01 degrees 49 minutes 14 seconds West for a distance of 833 . 61 feet to the northerly line of the Plat of Skyview South First Filing, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said northerly line the following seven (7) courses and distances, (1) North 89 degrees 05 minutes 12 seconds West for a distance of 356 . 76 feet; (2) along a curve to the right having a radius of 170 . 00 feet and an arc length of 91 .48 feet, being subtended by a chord of North 73 degrees 40 minutes 12 seconds West for a distance of 90 . 38 feet; (3) North 58 degrees 15 minutes 12 seconds West for a distance of 312 . 20 feet; (4) along a curve to the left having a radius of 230 . 00 feet and an arc length of 74 . 73 feet, being subtended by a chord of North 67 degrees 33 minutes 42 seconds West for a distance of 74 . 40 feet; Page 4 of 19 (5) North 76 degrees 52 minutes 12 seconds West for a distance of 164 . 44 feet; (6) along a curve to the right having a radius of 170 . 00 feet and an arc length of 55 . 24 feet, being subtended by a chord of North 67 degrees 33 minutes 42 seconds West for a distance of 54 . 99 feet; (7) North 58 degrees 15 minutes 12 seconds West for a distance of 187 . 43 feet to the easterly line of the Plat of Skyview South Second Filing; THENCE along the said easterly line, North 31 degrees 44 minutes 48 seconds East for a distance of 598 . 31 feet to the southerly line of the Plat of Aurora Hill Subdivision; THENCE along the said southerly line and along the easterly line of the said Plat, the following three (3) courses and distances, (1) South 58 degrees 15 minutes 12 seconds East for a distance of 556 . 00 feet; (2) North 31 degrees 44 minutes 48 seconds East for a distance of 194 . 99 feet; (3) North 00 degrees 54 minutes 48 seconds East for a distance of 649 . 32 feet to the southerly right of way of Skyway Drive; THENCE along the said southerly right of way, South 89 degrees 05 minutes 12 seconds East ,for a distance of 202 . 74 feet to the said boundary of the Southwest Enclave Annexation Phase Three; THENCE along the said boundary, South 01 degrees 49 minutes 14 seconds East for a distance of 1409 . 51 feet to the point of beginning. Containing 18 . 310 acres more or less . TOGETHER WITH: Area No. 2 A Tract of Land located in the north half of Section 13 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the Northwest Quarter of Section 13 as bearing North 89 degrees 41 minutes 05 seconds West between a 3 . 5" Aluminum Cap Monument, PLS 20123 , at the north quarter corner of Section 13 , and a 3 . 5" Brass Cap Monument at the northwest corner of Section 13 , 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 the Section 13 , the said north quarter corner is also the TRUE POINT OF BEGINNING of this description; Page 5 of 19 THENCE along the said north line of the northwest quarter North 89 degrees 41 minutes 05 seconds West for a distance of 1705 . 45 feet to the northerly extension of the west boundary of Lot 6-A of the Amended Plat of Lot 6 , Block 2 and Lot 1, Block 4 of The Replat of Trilby Heights First Subdivision; THENCE along the said extended line and along the said west line, South 00 degrees 12 minutes 11 seconds West for a distance of 147 . 93 feet to the north right of way of Gary Drive; THENCE along the said north right of way, South 89 degrees 47 minutes 49 seconds East for a distance of 61 . 89 feet to the northerly extension of the easterly boundary of the Plat of Trilby Heights Second Subdivision; THENCE along the said extended line and along the said easterly boundary, South 00 degrees 12 minutes 11 seconds West for a distance of 764 . 75 feet to the southerly boundary of the said ' Plat; THENCE along the said southerly boundary and its westerly extension, North 89 degrees 51 minutes 52 seconds West for a distance of 741 . 94 feet to the boundary of the said Southwest Enclave Annexation Phase Three; THENCE along the said boundary and its westerly extension, South 89 degrees 47 minutes 49 seconds West for a distance of 247 . 73 feet to the west line of the said northwest quarter of Section 13 ; THENCE 'along the said west line, South 00 degrees 02 minutes 19 seconds West for a distance of 179 . 66 feet; THENCE South 89 degrees 57 minutes 41 seconds East for a distance of 53 . 88 feet, returning to the said boundary of the Southwest Enclave Annexation Phase Three; THENCE along the said boundary the following twenty three (23) courses and distances, (1) South 83 degrees 46 minutes 11 seconds East for a distance of 873 .44 feet; (2) South 00 degrees 10 minutes 49 seconds West for a distance of 969 . 12 feet; (3) South 28 degrees 01 minutes 17 seconds West for a distance of 25 . 66 feet; (4) South 62 degrees 59 minutes 31 seconds East for a distance of 148 . 03 feet; (5) South 73 degrees 47 minutes 53 seconds East for a .distance of 147 . 80 feet; (6) South 44 degrees 25 minutes 18 seconds East for a distance of 84 . 15 feet; (7) South 42 degrees 59 minutes 38 seconds East for a distance of 42 . 45 feet; (8) South 35 degrees 46 minutes 46 seconds East for a distance of 35 . 80 feet; (9) South 35 degrees 13 minutes 17 seconds East for a distance of 273 . 30 feet; Page 6 of 19 (10) South 35 degrees 05 minutes 44 seconds East for a distance of 39 . 66 feet; (11) South 89 degrees 44 minutes 19 seconds East for a distance of 275 . 69 feet; (12) North 33 degrees 47 minutes 11 seconds West for a distance of 851 . 75 feet; (13) North 00 degrees 10 minutes 49 seconds East for a distance of 428 . 15 feet; (14) South 74 degrees 04 minutes 31 seconds East for a distance of 400 . 50 feet; (15) South 69 degrees 08 minutes 11 seconds East for a distance of 160 . 05 feet; (16) North 19 degrees 45 minutes 59 seconds East for a distance of 1031 . 09 feet; (17) South 84 degrees 01 minutes 41 seconds East for a distance of 24 . 50 feet; (18) South 51 degrees 02 minutes 56 seconds East for a distance of 589 . 87 feet; (19) South 00 degrees 10 minutes 40 seconds East for a distance of 11 . 54 feet; (20) South 89 degrees 57 minutes, 38 seconds East for a distance of 596 . 23 feet; (21) North 00 degrees 09 minutes 41 seconds East for a distance of 520 . 47 feet; (22) North 00 degrees 17 minutes 19 seconds West for a distance of 560 . 98 feet; (23) North 88 degrees 11 minutes 32 seconds West for a distance of 598 . 58 feet to the point of beginning. Containing 79 . 183 acres more or less . The above described LMN Zones contains a total of 97 . 493 acres more or less and are subject to all easements and rights of ways now existing or of record. The above description . is based upon previously recorded Plats and Deeds and not upon an actual field survey. DESCRIPTION OF THAT PORTION OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO BE ZONED POL - PUBLIC OPEN LANDS A Tract of Land located in the west half of Section 11 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly 'described as follows; Considering the south line of the Southwest Quarter of Section 11 as Bearing North 88 degrees 46 minutes 29 seconds East between a 3" Page 7 of 19 Aluminum Cap Monument, PLS 20123 , at the Southwest Corner of Section 11 and a 3 . 25" Aluminum Cap Monument, PLS 14823 , at the south quarter corner of Section 11, based upon GPS Observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said Southwest Corner of Section 11, the southwest corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the said south line of the southwest quarter, North 88 degrees 46 minutes 29 seconds East for a distance of 1497 . 27 feet to the centerline of the BNSF Railway; THENCE along the said centerline, along a non-tangent curve to the right having a radius of 4161 . 38 feet and an arc length of 195 . 98 feet, being subtended by a chord of North 23 degrees 26 minutes 23 seconds East for a distance of 195 . 96 feet; ' THENCE continuing along the said centerline, North 24 degrees 28 minutes 52 seconds East for a distance of 2620 . 98 feet to the east line of the said west half of Section 11; THENCE along the said east line, North 00 degrees 32 minutes O8 seconds West for a distance of 768 . 47 feet to the southeast corner of the Plat of Scenic Knolls Subdivision; THENCE along the south line of the said plat, South 88 degrees 44 minutes 52 seconds West for a distance of 1910 . 03 feet to the west line of the said plat; THENCE along the said west line, North 00 degrees 02 minutes 41 seconds West for a distance of 9 . 67 feet to the southeast corner of the Lawrence Patterson MLD S-45-87 ; THENCE along the said south line, South 88 degrees 57 minutes 19 seconds West for a distance of 731 . 95 feet to the west line of the northwest quarter of the said Section 11; THENCE along the said west line, South 00 degrees 00 minutes 19 seconds West for a distance of 674 . 87 feet to the west quarter corner of the said Section 11; THENCE along the west line of the said southwest quarter of Section 11, South 00 degrees 16 minutes 02 seconds West for a distance of 2645 . 32 feet to the point of beginning. Containing 167 . 598 acres more or less . The above described POL Zone is subject to all easements and rights of ways now existing or of record. The above description is based upon previously recorded Plats and Deeds and not upon an actual field survey. DESCRIPTION OF THOSE PORTIONS OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO BE ZONED RL - LOW DENSITY RESIDENTIAL Page 8 of 19 Area No. 1 A Tract of Land located in the east half of Section 11 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the south line of the Southeast Quarter of Section 11 as Bearing North 88 degrees 44 minutes 48 seconds East between a 2 . 5" Aluminum Cap Monument, PLS 14823 , at the south quarter corner of Section 11, and a 3 " Brass Cap Monument at the Southeast Corner of Section 11, 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 11; THENCE along the said south line of the south east quarter, North 88 degrees 44 minutes 48 seconds East for a distance of 690 . 00 feet to the southerly extension of the boundary of the Southwest Enclave Annexation Phase Three, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line, North 88 degrees 44 minutes 48 seconds East for a distance of 371 . 72 feet to the southerly extension of the said boundary of the Southwest Enclave Annexation Phase Three; THENCE along the said extension and along the said boundary, North 01 degrees 48 minutes 12 seconds West for a distance of 400 . 00 feet; THENCE continuing along the said boundary, North 88 degrees 44 minutes 48 seconds East for a distance of 543 . 39 feet; THENCE continuing along the said boundary, North 01 degrees 49 minutes 14 seconds West for a distance of 833 . 61 feet to the northerly line of the Plat of Skyview South First Filing; THENCE along the said northerly line the following seven (7) courses and distances, (1) North 89 degrees 05 minutes 12 seconds West for a distance of 356 . 76 feet; (2) along a curve to the right having a radius of 170 . 00 feet and an arc length of 91 .48 feet, being subtended by a chord of North 73 degrees 40 minutes 12 seconds West for a distance of 90 . 38 feet; (3) North 58 degrees 15 minutes 12 seconds West for a distance of 312 . 20 feet; (4) along a curve to the left having a radius of 230 . 00 feet and an arc length of 74 . 73 feet, being subtended by a chord of North 67 degrees 33 minutes 42 seconds West for a distance of 74 . 40 feet; (5) North 76 degrees 52 minutes 12 seconds West for a distance of 164 . 44 feet; Page 9 of 19 (6) along a curve to the right having a radius of 170 . 00 feet and an arc length of 55 . 24 feet, being subtended by a chord of North 67 degrees 33 minutes 42 seconds West for a distance of 54 . 99 feet; (7) North 58 degrees 15 minutes 12 seconds West for a distance of 187 . 43 feet to the easterly line of the Plat of Skyview South Second Filing; THENCE along the said easterly line, North 31 degrees 44 minutes 48 seconds East for a distance of 598 . 31 feet to the southerly line of the Plat of Aurora Hill Subdivision; THENCE along the said southerly line and along the easterly line of the said Plat, the following three (3) courses and distances, (1) South 58 degrees 15 minutes 12 seconds East for a distance of 556 . 00 feet; (2) North 31 degrees 44 minutes 48 seconds East for a distance of 194 . 99 feet; (3) North 00 degrees 54 minutes 48 seconds East for a distance of 649 . 32 feet to the southerly right of way of Skyway Drive; THENCE along the said southerly right of way, South 89 degrees 05 minutes 12 seconds East for a distance of 202 . 74 feet to the said boundary of the Southwest Enclave Annexation Phase Three; THENCE along the said boundary the following eight (8) courses and distances, (1) North 01 degrees 49 minutes 14 seconds West for a distance of 1 . 35 feet; (2) South 89 degrees 06 minutes 45 seconds East for a distance of 661 . 07 feet; (3) North 00 degrees 13 minutes 21 seconds West for a distance of 780 . 97 feet; (4) North 89 degrees 46 minutes 39 seconds East for a distance of 10 . 00 feet; (5) North 00 degrees 13 minutes 21 seconds West for a distance of 96 . 41 feet; (6) North 89 degrees 55 minutes 21 seconds West for a distance of 10 . 00 feet; (7) North 00 degrees 13 minutes 21 seconds West for a distance of 490 . 13 feet; (8) South 89 degrees 34 minutes 22 seconds West for a distance of 1482 . 20 feet to the easterly right of way of the BNSF Railway; THENCE along the said right of way, South 24 degrees 21 minutes 36 seconds West for a distance of 1411 . 39 feet to the centerline of Skyway Drive; THENCE leaving the said right of way, South 00 degrees 51 minutes 39 seconds West for a distance of 156 . 86 feet to the westerly boundary of the said plat of Skyview South Second Filing; THENCE along the said westerly boundary, South 24 degrees 34 minutes 52 seconds West for a distance of 325 . 02 feet; THENCE continuing along the said westerly boundary, South 00 degrees 38 minutes 08 seconds East for a distance of 1296 . 28 feet Page 10 of 19 to the said boundary of the Southwest Enclave Annexation Phase Three; THENCE along the said boundary, North 88 degrees 44 minutes 48 seconds East for a distance of 690 . 00 feet; THENCE continuing along the said boundary and its southerly extension, South 00 degrees 38 minutes 08 seconds East for a distance of 990 . 24 feet to the point of beginning. Containing 112 . 205 acres more or less . TOGETHER WITH: Area No. 2 A Tract of Land located in the south half of Section 1 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being area No. 2 of the Southwest Enclave Annexation Phase Three, more particularly described as follows; Considering the south line of the Southwest Quarter of. Section 1 as bearing South 88 degrees 55 minutes 14 seconds East between a 2 .5" Aluminum Cap Monument, PLS 23513 , at the southwest corner of Section 1, and a 3 . 25" Aluminum Cap Monument, PLS 17502 at the South Quarter 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 Southwest Corner of Section 1; THENCE along the said south line of the southwest quarter, South 88 degrees 55 minutes 14 seconds East for a distance of 153 . 27 feet to the east line of the Southwest Enclave Annexation Phase One, and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said south line and along the north line of the said Southwest Enclave Annexation Phase One and along the north line of the Corral Annexation and the north line of the Huntington Mews Annexation, South 88 degrees 55 minutes 14 seconds East for a distance of 2525 . 34 feet to the west line of the Keenland Annexation; THENCE along the said west line the following eight (8) courses and distances, (1) North 00 degrees 35 minutes 28 seconds East for a distance of 2159 . 50 feet; (2) South 70 degrees 44 minutes 38 seconds East for a distance of 126 . 42 feet; (3) North 14 degrees 17 minutes 38 seconds West for a distance of 79 . 38 feet; (4) North 18 degrees 59 minutes 22 seconds East for a distance of 32 . 15 feet; Page 11 of 19 (5) North 47 degrees 39 minutes 22 seconds East for a distance of 112 . 02 feet; (6) North 16 degrees 47 minutes 52 seconds East for a distance of 73 . 76 feet; (7) North 21 degrees 25 minutes 38 seconds West. for a distance of 129 . 60 feet; (8) North 13 degrees 27 minutes 38 seconds West for a distance of 118 . 17 feet to the south line of the Southwest Enclave Annexation Phase Two; THENCE .along the said south line, North 89 degrees 37 minutes 09 seconds West for a distance of 1911 . 65 feet to the east line of the Fossil Creek Second Annexation; THENCE along the said east line, South 01 degrees 00 minutes 12 seconds West for a distance of 459 . 76 feet to the south line of the said Fossil Creek Second Annexation; THENCE along the said south line, North 89 degrees 37 minutes 09 seconds West for a distance of 309 . 80 feet to the east line of the Fossil Creek Third Annexation; THENCE along the said east line the following four (4) courses and distances, (1) South 00 degrees 55 minutes 32 seconds West for a distance of 405 . 42 feet ; (2) South 39 degrees 08 minutes 39 seconds West for a distance. of 86 . 44 feet, (3) South 71 degrees 30 minutes 28 seconds West for a distance of 291 . 52 feet; (4) South 46 degrees 18 minutes 07 seconds West for a distance of i84 . 26 feet to the said east line of the Southwest Enclave Annexation Phase One; THENCE along the said east line, South 13 degrees 09 minutes 42 seconds East for a distance of 145 . 69 feet; THENCE continuing along the said east line, South 00 degrees 52 minutes 32 seconds West for a distance of 1280 . 26 feet to the point of beginning. Containing 138 . 750 acres more or less . FURTHER TOGETHER WITH: Area No. 3 A Tract of Land located in the Northwest Quarter of Section 13 , Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the north line of the said Northwest Quarter of Section 13 as bearing South 89 degrees 41 minutes 05 seconds East between a 3 " Brass Cap Monument at the northwest corner of Section 13 , and a 3 . 25" Aluminum Cap Monument, PLS 20123 at the north quarter corner of Section 13 , based upon GPS Observation and the City of Page 12 of 19 Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northwest corner of the said Section 13 ; THENCE along the said north line of the northwest quarter, South 89 degrees 41 minutes 05 seconds East for a distance of 250 . 35 feet to the northerly extension of the said boundary of the Southwest Enclave Annexation Phase Three, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said extension and along the said boundary, South 00 degrees 12 minutes 11 seconds West for a distance of 914 . 88 feet to the westerly extension of the southerly boundary of the Plat of Trilby Heights Second Subdivision; THENCE along the said westerly extension and along the said southerly line, South 89 degrees 51 minutes 52 seconds East for a distance of 741 . 94 feet to, the easterly boundary of the said plat; THENCE along the said easterly boundary and its northerly extension, North 00 degrees 12 minutes 11 seconds East for a distance of 764 . 75 feet to the north right of way of Gary Drive; THENCE along the said north right of way, North 89 degrees 47 minutes 49 seconds West for a distance of 61 . 89 feet, to the west boundary of Lot 6-A of the Amended Plat of Lot 6, Block 2 and Lot 1, Block 4 of The Replat of Trilby Heights First Subdivision; THENCE along the said west line of Lot 6-A and its northerly extension, North 00 degrees 12 minutes 11 seconds East for a distance of 147 . 93 feet to the said north line of the northwest quarter of Section 13 ; THENCE along the said north line, North 89 degrees 41 minutes 05 seconds West for a distance of 680 . 05 feet to the point of beginning. Containing 15 . 353 acres more or less . The above described RL Zones contain a total of 266 . 308 acres more or less and are subject to all easements and rights of ways now existing or of record. The above description is based upon previously recorded Plats and Deeds and not upon an actual field survey. DESCRIPTION OF THOSE PORTIONS OF THE SOUTHWEST ENCLAVE ANNEXATION PHASE THREE TO BE ZONED UE - URBAN ESTATE Area No. 1 A Tract of Land located in Sections 2 and 11 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Page 13 of 19 Considering the east line of the Southwest Quarter of Section 11 as Bearing North 00 degrees 38 minutes 08 seconds West between 3 . 25" Aluminum Cap Monument, PLS 14823 , at the south quarter corner of Section 11, and a 2 . 5 Aluminum Cap Monument, PLS 25313 at the center quarter corner of Section 11, 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 11, the said South Quarter Corner is also the TRUE POINT OF BEGINNING of this description; Thence along the said east Line of the Southwest Quarter, North 00 degrees 38 minutes 08 seconds West for a distance of 2286 . 52 feet to the westerly boundary of the Plat of Skyview South Second Filing; THENCE along the said westerly boundary, North 24 degrees 34 minutes 52 seconds East for a distance of 325 . 02 feet; THENCE leaving the said boundary, North 00 degrees 51 minutes 39 seconds East for a distance of 156 . 86 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 24 degrees 21 minutes 36 seconds East for a distance of 1411 . 39 feet to the boundary of the said Southwest Enclave Annexation Phase Three; THENCE along the said boundary the following twenty five (25) courses and distances, (1) North 24 degrees 25 minutes 10 seconds East for a distance of 1424 . 69 feet; (2) North 88 degrees 49 minutes 00 seconds East for a distance of 40 . 55 feet; (3) North 24 degrees 32 minutes 47 seconds East for a distance of 252 . 69 feet; (4) along a curve to the left having a radius of 2936 . 14 feet and an arc length of 239 . 13 feet, being subtended by a chord of North 22 degrees 06 minutes 32 seconds East for a distance of 239 . 06 feet; (5) along a curve to the left having a radius of 1532 . 70 feet and an arc length of 374 . 51 feet, being subtended by a chord of North 12 degrees 46 minutes 32 seconds East for a distance of 373 . 58 feet; (6) along a curve to the left having a radius of 2936 . 14 feet and an arc length of 239 . 13 feet, being subtended by a chord of North 03 degrees 26 minutes 32 seconds East for a distance of 239 . 06 feet; (7) North 01 degrees 06 minutes 32 seconds East for a distance of 1533 . 77 feet; (8) South 69 degrees 53 minutes 32 seconds West for a distance of 106 . 37 feet; (9) North 01 degrees 06 minutes 46 seconds East for a distance of 181 . 79 feet; Page 14 of 19 (10) South 88 degrees 36 minutes 28 seconds East for a distance of 99 . 52 feet; (11) North 01 degrees 01 minutes 31 seconds East for a distance of 433 . 98 feet; (12) South 88 degrees 36 minutes 29 seconds East for a distance of 247 . 45 feet; (13) North 01 degrees 14 minutes 01 seconds East for a distance of 29 . 91 feet; (14) North 88 degrees 40 minutes 53 seconds West for a distance of 446 . 67 feet; (15) North 00 degrees 56 minutes 41 seconds East for a distance of 1577 . 89 feet; (16) South 85 degrees 53 minutes 14 seconds West for a distance of 208 . 76 feet; (17) North 00 degrees 43 minutes 15 seconds East for a distance of 459 . 81 feet; (18) North 89 degrees 54 minutes 45 seconds West for a distance of 557 .47 feet; (19) South 00 degrees 18 minutes 15 seconds West for a distance of 1271 . 00 feet; (20) South 89 degrees 27 minutes 15 seconds West for a distance of 729 . 36 feet; (21) South 00 degrees 35 minutes 41 seconds West for a distance of 1351 . 66 feet; (22) South 89 degrees 49 minutes 32 seconds West for a distance of 615 . 26 feet; (23) South 00 degrees 37 minutes 35 seconds West for a distance of 741 . 39 feet; (24) South 88 degrees 59 minutes 00 seconds West for a distance of 700 . 88 feet; (25) South 00 degrees 26 minutes 39 seconds West for a distance of 1933 . 24 feet; THENCE continuing along the said boundary and its westerly extension, South 88 degrees 46 minutes 47 seconds West for a distance of 1311 . 60 feet to the west line of the northwest quarter of the said Section 11; THENCE along the said west line, South 00 degrees 00 minutes 19 seconds West for a distance of 1935 . 61 feet to the south line of the Plat of Lawrence Patterson MLD S-45-87; THENCE along the said south line, North 88 degrees 57 minutes 19 seconds East for a distance of 731 . 95 feet to the west line of the Plat of Scenic Knolls Subdivision; THENCE along the said west line, South 00 degrees 02 minutes 41 seconds East for a distance of 9 . 67 feet to the south line of the said Plat of Scenic Knolls Subdivision; THENCE along the said south line, North 88 degrees 44 minutes 52 seconds East for a distance of 1910 . 03 feet to the east line of the west half of the said Section 11; Page 15 of 19 THENCE along the said east line, South 00 degrees 32 minutes 08 seconds East for a distance of 768 . 47 feet to the centerline of the said BNSF Railway; THENCE along the said centerline, South 24 degrees 28 minutes 52 seconds West for a distance of 2620 . 98 feet; THENCE continuing along the said centerline, along a curve to the left having a radius of 4161 . 38 feet and an arc length of 195 . 98 feet, being subtended by a chord of South 23 degrees 26 minutes 23 seconds West for a distance of 195 . 96 feet to the south line of the said southwest quarter of Section 11; THENCE along the said south line, non-tangent from the previous curve, North 88 degrees 46 minutes 29 seconds East for a distance of 1192 . 51 feet to the point of beginning. Containing 431 . 084 acres more or less . TOGETHER WITH: Area No. 2 A Tract of Land located in the east half of Section 10 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the east line of the Northeast Quarter of Section 10 as bearing North 00 degrees 00 minutes 19 seconds East between. a 2 . 5" Aluminum Cap Monument, PLS 34176, at the east quarter corner of Section 10, and a 2 . 5" Aluminum Cap Monument, PLS 34176 at the Northeast Corner of Section 10, based upon GPS Observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said East Quarter Corner of Section 10, the said East Quarter Corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the said east line of the northeast quarter, North 00 degrees 00 minutes 19 seconds East . for a distance of 236 . 20 feet to the easterly extension of the boundary of the said Southwest Enclave Annexation Phase Three; THENCE along the said extension and along the said boundary the following thirteen (13) courses and distances, (1) North 89 degrees 58 minutes 10 seconds West for a distance of 465 . 60 feet; (2) South 00 degrees 00 minutes 19 seconds West for a distance of 200 . 00 feet; (3) North 89 degrees 58 minutes 10 seconds West for a distance of 639 . 90 feet; Page 16 of 19 (4) South 00 degrees 00 minutes 19 seconds West for a distance of 36 . 20 feet; (5) South 89 degrees 58 minutes 10 seconds East for a distance of 293 . 89 feet; (6) South 00 degrees 01 minutes 50 seconds West for a distance of 390 . 00 feet; (7) North 89 degrees 58 minutes 10 seconds West for a distance of 995 .40 feet; (8) North 00 degrees 48 minutes 05 seconds East for a distance of 390 . 04 feet; (9) North 89 degrees 58 minutes 10 seconds West for a distance of 871 . 98 feet; (10) South 00 degrees 35 minutes 34 seconds West for a distance of 929 . 63 feet; (11) North 87 degrees 23 minutes 59 seconds East for a distance of 1428 . 66 feet; (12) North 22 degrees 09 minutes 02 seconds East for a distance of 187 . 03 feet; (13) North 82 degrees 41 minutes 02 seconds East for a distance of 508 . 39 feet; THENCE continuing along the said boundary and its easterly extension, South 77 degrees 07 minutes 58 seconds East for a distance of 695 . 22 feet to the east line of the said southwest quarter of Section 10; THENCE along the said east line, North 00 degrees 16 minutes 02 seconds East for a distance of 780 . 20 feet to the point of beginning. Containing 43 . 296 acres more or less . FURTHER TOGETHER WITH: Area No. 3 A Tract of Land located in the southwest quarter of Section 12 of Township 6 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows; Considering the east line of the said Southwest Quarter of Section 12 as bearing North 00 degrees 27 minutes 20 seconds East between a 3 . 5" Aluminum Cap Monument, PLS 20123 , at the south quarter corner of Section 12 , and a 3 . 25" Aluminum Cap Monument, PLS 17502 at the center quarter corner of Section 12, based upon GPS Observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Page 17 of 19 Commencing at the said south quarter corner of the said Section 12, the said south quarter corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the said east line of the southwest quarter, the said east line is also the west line of the Fuqua Annexation, North 00 degrees 27 minutes 20 seconds East for a distance of 1744 . 16 feet to the southerly line of the Village Grove Annexation; THENCE along the said southerly line the following fifteen (15) courses and distances, (1) North 89 degrees 45 minutes 10 seconds West for a distance of 368 . 48 feet; (2) South 00 degrees 27 minutes 20 seconds West for a distance of 316 . 12 feet; (3) North 89 degrees 45 minutes 10 seconds West for a distance of 208 . 71 feet; (4) North 00 degrees 27 minutes 20 seconds East for a distance of 316 . 12 feet; (5) along a non-tangent curve to the left having a radius of 206 . 96 feet a central angle of 45 degrees 45 minutes 43 seconds and an arc length of 165 . 30 feet, being subtended by a chord of South 67 degrees 22 minutes 00 seconds West for a distance of 160 . 94 feet; (6) South 44 degrees 29 minutes 10 seconds .west for a distance of 76 . 87 feet; (7) South 00 degrees 14 minutes 50 seconds West for a distance of 407 . 17 feet; (8) South 89 degrees 45 minutes 10 seconds East for a distance of 200 . 00 feet; (9) South 00 degrees 27 minutes 20 seconds West for a distance of 417 . 42 feet; (10) North 89 degrees 45 minutes 10 seconds West for a distance of 360 . 00 feet; (11)North 00 degrees 27 minutes 20 seconds East for a distance of 1 . 29 feet; (12) North 89 degrees 45 minutes 10 seconds West for a distance of 837 . 92 feet; (13)North 00 degrees 27 minutes 20 seconds East for a distance of 166 . 18 feet; (14) along a curve to the right having a radius of 40 . 19 feet a central angle of 89 degrees 53 minutes 05 seconds and an arc length of 63 . 05 feet, being subtended by a chord of North 45 degrees 24 minutes 05 seconds East for a distance of 56 . 78 feet; (15) non-tangent from the previous curve, North 00 degrees 20 minutes 50 seconds East for a distance of 60 . 00 feet to the southerly line of the Sheridan First Annexation; THENCE along the said southerly line, along a non-tangent curve to the left having a radius of 100 . 19 feet a central angle of 89 degrees 53 minutes 30 seconds and an arc length of 157 . 19 feet, Page 18 of 19 being subtended by a chord of South 45 degrees 24 minutes 00 seconds West for a distance of 141 . 56 feet; THENCE continuing along the said southerly line, non-tangent from the previous curve, North 89 degrees 45 minutes 10 seconds West for a distance of 359 . 13 feet to the east line of the Southwest Enclave Annexation Phase One; THENCE along the said east line South 00 degrees 02 minutes 16 seconds East for a distance of 967 . 01 feet to the south line of the said southwest quarter of Section 12 ; THENCE along the said south line, South 89 degrees 41 minutes 05 seconds East for a distance of 2185 . 90 feet to the point of beginning. Containing 55 . 241 acres more or less . The above described UE Zones contains a total of 529 . 621 acres more or less and is subject to all easements and rights of ways now existing or of record. The above description is based upon previously recorded Plats and Deeds and not upon an actual field survey. Page 19 of 19