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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2017 - ITEMS RELATING TO THE I-25 THIRD ANNEXATIONAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY November 7, 2017 City Council STAFF Kai Kleer, Associate Planner Brad Yatabe, Legal SUBJECT Items Relating to the I-25 Third Annexation. EXECUTIVE SUMMARY A. Resolution 2017-097 Setting Forth Findings of Fact and Determinations Regarding the I-25 Third Annexation. B. Public Hearing and First Reading of Ordinance No. 151, 2017, Annexing Property Known as the I-25 Third Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex approximately 282 acres of I-25 right-of-way. This is a 100% voluntary annexation and zoning of two parcels owned and administered by the Colorado Department of Transportation. Area No. 1 is approximately one and a third (1.33) miles in length and spans north to south from East Vine Drive to Smithfield Drive, just south of the I-25 East Mulberry interchange. Area No. 2 is approximately four and a half (4.50) miles in length and spans north to south from East Harmony Road to the boundary of the Growth Management Area which terminates south of Carpenter Road. Contiguity with the existing municipal boundary is gained with 11 previous annexations that surround portions of the north, east, south and west side of the I-25 Third annexation. A related item to zone the annexed property is presented as the next item on this agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Contiguity Area No. 1 and Area No. 2 of the I-25 Third Annexation each gain the necessary one-sixth contiguity through abutting previous annexations. Area No. 1 has 27% contiguity and Area No. 2 has 22% contiguity. Therefore, each substantially exceeds the required minimum of 16.66% (one-sixth). Area No. 1 and Area No. 2 therefore comply with the requirements of the Municipal Annexation Act of 1965 and are eligible for annexation. Agenda Item 14 Item # 14 Page 2 Enclave Implications Annexing the two parcels contained within the I-25 Third Annexation does not create (nor does it contribute to creating) an enclave. Pursuant to Colorado Revised Statutes 31-12-106(1.1)(I) an enclave that is created by public right-of-way may not be annexed by any municipality. Exclusion of City Property The original annexation petition included a small portion of City owned property abutting the CDOT right-of- way northeast of, and adjacent to, the intersection of I-25 and Harmony Road. This City owned property has been removed from the annexation since the focus of the I-25 annexation is CDOT right-of-way and the City did not sign the original annexation petition. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its October 19, 2017, regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of the annexation. Further, the Board recommended that the parcels be placed into the Community Commercial (CC), Industrial (I), Public Open Lands (POL) and Rural Lands District (RUL) zone districts. This unanimous action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH There was no neighborhood meeting for this annexation and zoning. Please note, however, that all required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been followed. ATTACHMENTS 1. Vicinity Map-Parcel No. 1 (PDF) 2. Vicinity Map-Parcel No. 2 (PDF) 3. Zoning Map-Parcel No. 1 (PDF) 4. Zoning Map-Parcel No. 2 (PDF) 5. Structure Plan Map-Parcel No. 1 (PDF) 6. Structure Plan Map-Parcel No. 2 (PDF) ÕZYXW !"`$ S SUMMIT VIEW DR E MULBERRY ST I-25 Third Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 26, 2017 0 0.1 0.2 0.3 0.4Miles Scale 1:15,000 © Vicinity Map - Parcel No. 1 Growth Management Area Boundary - Outline City Limits I-25 Third Annexation I-25 Third Annexation ATTACHMENT 1 !"`$ S TIMBERLINE RD ZIEGLER RD KECHTER RD E HARMONY RD E COUNTY ROAD 38 STATE HIGHWAY 392 E HORSETOOTH RD MAIN ST S COUNTY ROAD 3 E COUNTY ROAD 36 CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 5 S ROAD COUNTY 7 STRAUSS CABIN RD S COUNTY ROAD 9 S COUNTY LINE RD I-25 Third Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 18, 2017 0 0.4 0.8 1.2 1.6Miles Scale 1:45,000 © Vicinity Map - Parcel No. 2 Growth Management Area Boundary - Outline City Limits I-25 Third Annexation I-25 Third Annexation ATTACHMENT 2 !"`$ ÕZYXW E VINE DR E PROSPECT RD S VIEW SUMMIT DR E MULBERRY ST E COUNTY ROAD 48 S COUNTY ROAD 5 N COUNTY ROAD 5 T POL CSU E MMN LMN CG CG LMN UE E RC CCR T MMN E T UE LMN UE UE I LMN T I POL E LMN I POL E E UE LMN I-25 Third Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 18, 2017 0 0.2 0.4 0.6 0.8Miles Scale 1:24,000 © Zoning Map - Parcel No. 1 City Limits I-25 Third Annexation Community Commercial Poudre River (CCR) General Commercial (CG) !"`$ S TIMBERLINE RD ZIEGLER RD KECHTER RD E HARMONY RD E COUNTY ROAD 38 STATE HIGHWAY 392 E HORSETOOTH RD MAIN ST S C UN R CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 5 S ROAD COUNTY 7 STRAUSS CABIN RD S COUNTY ROAD 9 S COUNTY LINE RD UE T UE UE UE UE RUL LMN HC CG UE T RL MMN LMN POL LMN UE UE T LMN LMN POL RC NC RL CSU E POL POL NC T UE MMN RL MMN LMN RL POL LMN UE RC I-25 Third Annexation !"`$ ÕZYXW E VINE DR E PROSPECT RD S VIEW SUMMIT DR E MULBERRY ST E COUNTY ROAD 48 S COUNTY ROAD 5 N COUNTY ROAD 5 I-25 Third Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 18, 2017 0 0.2 0.4 0.6 0.8Miles Scale 1:24,000 © Structure Plan Map - Parcel No. 1 City Limits I-25 Third Annexation Commercial Corridor District Neighborhood Commercial District Employment District Industrial District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Open Lands, Parks and Stream Corridors Adjacent Planning Areas I-25 Third Annexation ATTACHMENT 5 !"`$ S TIMBERLINE RD ZIEGLER RD KECHTER RD E HARMONY RD E COUNTY ROAD 38 STATE HIGHWAY 392 E HORSETOOTH RD MAIN ST S COUNTY ROAD 3 E COUNTY ROAD 36 CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 5 S ROAD COUNTY 7 STRAUSS CABIN RD S COUNTY ROAD 9 S COUNTY LINE RD I-25 Third Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 18, 2017 0 0.4 0.8 1.2 1.6Miles Scale 1:45,000 © Structure Plan Map - Parcel No. 2 Growth Management Area Boundary - Outline City Limits I-25 Third Annexation Commercial Corridor District Neighborhood Commercial District Employment District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Community Separator Open Lands, Parks and Stream Corridors Adjacent Planning Areas I-25 Third Annexation Community Commercial (CC) Rural Lands District (RUL) Public Open Land (POL) Community Commercial (CC) Public Open Land (POL) ATTACHMENT 6 -1- RESOLUTION 2017-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE I-25 THIRD ANNEXATION WHEREAS, pursuant to Resolution 2017-086, annexation proceedings were initiated by the City Council for property comprised of Area No. 1 and Area No. 2 (collectively, the “Property”), as described in Resolution 2017-086, to be known as the I-25 Third Annexation; and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation November 7, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and Area No. 1; that a community of interest exists between Area No. 1 and the City; that Area No. 1 is urban or will be urbanized in the near future; and that Area No. 1 is integrated with or is capable of being integrated with the City. Section 4. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and Area No. 2; that a community of interest exists between Area No. 2 and the City; that Area No. 2 is urban or will be urbanized in the near future; and that Area No. 2 is integrated with or is capable of being integrated with the City. Section 5. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 6. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 7. That the City Council concludes that Area No. 1 and Area No. 2 are individually eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th day of November A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 151, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE I-25 THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2017-086, finding substantial compliance and initiating annexation proceedings for the I-25 Third Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2017-097 setting forth findings of fact and determinations regarding the I-25 Third Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the I-25 Third Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2017-086 and Resolution 2017-097 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: Area No. 1: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 9, THE WEST HALF OF SECTION 10, THE NORTHWEST QUARTER OF SECTION 15, AND THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 TO BEAR N00°07'35"E, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, N89°13'59"W, A DISTANCE OF 1,422.60 FEET TO THE POINT OF BEGINNING; THENCE N00°46'01"E, A DISTANCE OF 37.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING THIRTEEN (13) COURSES: 1. N67°20'31"E, A DISTANCE OF 163.70 FEET; 2. N81°40'31"E, A DISTANCE OF 506.05 FEET; 3. N58°25'01"E, A DISTANCE OF 177.58 FEET; -2- 4. N38°18'01"E, A DISTANCE OF 497.10 FEET; 5. N16°51'31"E, A DISTANCE OF 208.80 FEET; 6. N00°09'31"E, A DISTANCE OF 37.00 FEET; 7. N00°07'59"W, A DISTANCE OF 905.30 FEET; 8. N00°06'04"W, A DISTANCE OF 784.45 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF THE BNSF RAILWAY, SAID POINT HEREINAFTER KNOWN AS POINT “A”; 9. N00°04'42"W, A DISTANCE OF 50.01 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF SAID RAILWAY; 10. N02°02'16"E, A DISTANCE OF 214.80 FEET; 11. N01°58'07"E, A DISTANCE OF 660.41 FEET TO THE SOUTHEAST CORNER OF THE FRONTAGE ROAD INDUSTRIAL ASSOCIATES, LTD. ANNEXATION TO THE CITY OF FORT COLLINS; 12. ALONG THE EAST LINE OF SAID ANNEXATION, N01°56'17"E, A DISTANCE OF 423.94 FEET; 13. CONTINUING ALONG THE EAST LINE OF SAID ANNEXATION, N00°08'13"W, A DISTANCE OF 600.00 FEET TO THE SOUTHWEST CORNER OF THE HIGHWAY I-25 FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE SOUTH LINE OF SAID HIGHWAY I-25 FIRST ANNEXATION, N89°42'16"E, A DISTANCE OF 220.58 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 9 FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N00°07'40"E, A DISTANCE OF 687.88 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE OF THE HIGHWAY I-25 FIRST ANNEXATION, N89°42'16"E, A DISTANCE OF 39.18 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE WESTERLY BOUNDARY OF THE KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWELVE (12) COURSES: 1. ALONG SAID WESTERLY BOUNDARY OF THE KIRSCHNER ANNEXATION, S00°07'20"E, A DISTANCE OF 500.00 FEET; 2. CONTINUING ALONG SAID WESTERLY BOUNDARY, S04°06'37"E, A DISTANCE OF 1,410.52 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE BNSF RAILWAY; 3. S00°06'11"E, A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY LINE OF SAID RAILWAY; 4. ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S89°02'25"E, A DISTANCE OF 10.00 FEET; 5. S05°33'58"W, A DISTANCE OF 294.27 FEET; 6. S03°36'58"W, A DISTANCE OF 451.00 FEET; 7. S00°14'02"E, A DISTANCE OF 940.70 FEET; 8. S00°03'28"W, A DISTANCE OF 37.90 FEET; 9. S13°59'02"E, A DISTANCE OF 206.20 FEET; 10. S38°05'41"E, A DISTANCE OF 442.05 FEET; 11. S58°25'02"E, A DISTANCE OF 233.20 FEET; 12. S81°25'02"E, A DISTANCE OF 290.70 FEET TO A POINT ON THE WEST LINE OF THE INTERCHANGE BUSINESS PARK THIRD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID WEST LINE AND CROSSING THE RIGHT OF WAY OF STATE HIGHWAY 14, S00°36'58"W, A DISTANCE OF 403.26 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE NORTHEAST CORNER OF THE MAVERIK FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1. ALONG THE NORTHERLY LINE OF SAID MAVERIK FIRST ANNEXATION, S82°10'17"W, A DISTANCE OF 189.70 FEET; 2. CONTINUING ALONG SAID NORTHERLY LINE, S66°30'41"W, A DISTANCE 19.01 FEET -3- TO THE NORTHWEST CORNER OF SAID MAVERIK FIRST ANNEXATION; 3. S66°30'41"W, A DISTANCE OF 200.21 FEET; 4. S42°25'00"W, A DISTANCE OF 56.07 FEET TO A CORNER OF THE INTERCHANGE BUSINESS PARK THIRD ANNEXATION; 5. ALONG THE NORTHWESTERLY BOUNDARY OF SAID INTERCHANGE BUSINESS PARK THIRD ANNEXATION, S42°25'00"W, A DISTANCE OF 444.41 FEET; 6. CONTINUING ALONG THE NORTHWESTERLY BOUNDARY OF SAID INTERCHANGE BUSINESS PARK THIRD ANNEXATION, S19°54'34"W, A DISTANCE OF 380.42 FEET; 7. S19°54'34"W, A DISTANCE OF 15.41 FEET; 8. S00°11'35"W, A DISTANCE OF 1,538.04 FEET TO THE NORTHEAST CORNER OF THE HIGHWAY I-25 SECOND ANNEXATION TO THE CITY OF FORT COLLINS, FROM WHENCE THE WEST QUARTER CORNER OF SECTION BEARS S51°53’12"W, 70.09 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID HIGHWAY I-25 SECOND ANNEXATION, S89°19'03"W, A DISTANCE OF 249.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SIX (6) COURSES: 1. N00°11'01"E, A DISTANCE OF 1,314.65 FEET; 2. N10°48'59"W, A DISTANCE OF 509.26 FEET; 3. N28°13'29"W, A DISTANCE OF 286.40 FEET; 4. N54°14'29"W, A DISTANCE OF 427.20 FEET; 5. N82°23'29"W, A DISTANCE OF 503.60 FEET; 6. N67°25'59"W, A DISTANCE OF 161.60 FEET; THENCE N00°46'01"E, A DISTANCE OF 213.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ANY PORTION OF THE ABOVE DESCRIBED TRACT THAT LIES WITHIN THE RIGHT OF WAY OF THE BNSF RAILWAY, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE AFOREMENTIONED POINT “A”, SAID POINT BEING ON THE SOUTH BOUNDARY OF SAID RIGHT OF WAY; THENCE N00°04'42"W, A DISTANCE OF 50.01 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID RIGHT OF WAY; THENCE ALONG SAID NORTH BOUNDARY, S88°57'18"E, A DISTANCE OF 259.98 FEET; THENCE CONTINUING ALONG SAID NORTH BOUNDARY, S89°02'25"E, A DISTANCE OF 145.23 FEET; THENCE S00°06'11"E, A DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID RIGHT OF WAY; THENCE ALONG SAID SOUTH BOUNDARY, N89°02'25"W, A DISTANCE OF 146.20 FEET; THENCE CONTINUING ALONG SAID SOUTH BOUNDARY N88°57'18"W, A DISTANCE OF 259.04 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 86.12 ACRES, MORE OR LESS Area No. 2: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 27, AND IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., AND IN SECTIONS 3, 10, AND 15, AND IN THE NORTH HALF OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 3, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 TO BEAR S01°46’53"E, -4- BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, N89°29'53"W, A DISTANCE OF 633.75 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, N89°29'53"W, A DISTANCE OF 20.81 FEET; THENCE N00°30'07"E, A DISTANCE OF 231.24 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING FOURTEEN (14) COURSES: 1. N54°12'15"E, A DISTANCE OF 85.99 FEET; 2. N25°05'34"E, A DISTANCE OF 473.23 FEET TO THE SOUTHEAST CORNER OF THE ARAPAHO BEND SECOND ANNEXATION TO THE CITY OF FORT COLLINS; 3. ALONG THE EAST BOUNDARY OF SAID ANNEXATION, N25°05'34"E, A DISTANCE OF 178.22 FEET; 4. CONTINUING ALONG SAID EAST BOUNDARY, N02°05'53"W, A DISTANCE OF 554.86 FEET; 5. CONTINUING ALONG SAID EAST BOUNDARY, 1,027.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 5,565.00 FEET, A CENTRAL ANGLE OF 10°35'00", AND A CHORD WHICH BEARS N07°23'23"W A DISTANCE OF 1,026.47 FEET; 6. CONTINUING ALONG SAID EAST BOUNDARY, N12°40'53"W, A DISTANCE OF 876.04 FEET; 7. S75°05'30"E, A DISTANCE OF 17.16 FEET; 8. N12°46'30"W, A DISTANCE OF 622.70 FEET; 9. N43°00'30"W, A DISTANCE OF 202.60 FEET; 10. N12°46'30"W, A DISTANCE OF 450.00 FEET; 11. N12°20'00"E, A DISTANCE OF 193.30 FEET; 12. N12°31'00"W, A DISTANCE OF 400.00 FEET; 13. N15°21'54"W, A DISTANCE OF 700.66 FEET; 14. N12°46'30"W, A DISTANCE OF 246.40 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, S56°49'30"E, A DISTANCE OF 175.51 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 355.61 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,814.82 FEET, A CENTRAL ANGLE OF 07°14'18", AND A CHORD WHICH BEARS S53°12'21"E A DISTANCE OF 355.37 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING ELEVEN (11) COURSES: 1. ALONG THE WESTERLY BOUNDARY OF THOMPSON ANNEXATION NO. 3 TO THE TOWN OF TIMNATH AND THE NORTHERLY AND SOUTHERLY PROLONGATIONS THEREOF, S09°37'30"E, A DISTANCE OF 951.33 FEET ; 2. S57°12'00"E, A DISTANCE OF 140.00 FEET; 3. N77°13'30"E, A DISTANCE OF 200.00 FEET TO A CORNER OF SAID THOMPSON ANNEXATION NO. 3; 4. ALONG THE WESTERLY BOUNDARY OF SAID THOMPSON ANNEXATION NO. 3, S12°46'30"E, A DISTANCE OF 550.00 FEET; 5. S77°13'30"W, A DISTANCE OF 223.10 FEET; 6. ALONG THE WESTERLY BOUNDARY OF SAID THOMPSON ANNEXATION NO. 3 AND THE NORTHERLY PROLONGATION THEREOF, S12°57'16"E, A DISTANCE OF 874.72 FEET; 7. S72°23'30"W, A DISTANCE OF 77.93 FEET; 8. S12°46'30"E, A DISTANCE OF 619.46 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 34; -5- 9. ALONG SAID NORTH LINE, S89°24'22"E, A DISTANCE OF 237.74 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 34, WHICH IS ALSO THE NORTHWEST CORNER OF FLATIRON ANNEXATION NO. 2 TO THE TOWN OF TIMNATH; 10. THENCE S00°49'53"W, A DISTANCE OF 1,821.81 FEET; 11. THENCE ALONG THE WEST BOUNDARY OF FLATIRON ANNEXATION “NO. 1” AND ITS NORTHERLY PROLONGATION, S16°49'29"E, A DISTANCE OF 460.14 FEET TO THE NORTHWEST CORNER OF THE HARMONY ROAD SECOND ANNEXATION TO THE TOWN OF TIMNATH; THENCE ALONG THE WEST BOUNDARY OF SAID ANNEXATION AND CROSSING THE RIGHT OF WAY OF HARMONY ROAD THE FOLLOWING THREE (3) COURSES: 1. S16°49'23"E, A DISTANCE OF 292.33 FEET; 2. S00°29'41"W, A DISTANCE OF 171.54 FEET; 3. S89°30'19"E, A DISTANCE OF 147.08 FEET TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 25, WHICH IS ALSO THE NORTHWEST CORNER OF THE I-25 AND HARMONY ROAD ANNEXATION TO THE TOWN OF TIMNATH; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 25 THE FOLLOWING TWENTY-NINE (29) COURSES: 1. ALONG THE WESTERLY BOUNDARY OF SAID I-25 AND HARMONY ROAD ANNEXATION, S14°35'10"W, A DISTANCE OF 1,216.81 FEET; 2. CONTINUING ALONG SAID WESTERLY BOUNDARY AND ITS SOUTHERLY PROLONGATION, S01°46'53"E, A DISTANCE OF 1,406.49 FEET TO THE CENTER QUARTER CORNER OF SECTION 3; 3. ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 3, S01°46'51"E, A DISTANCE OF 2,052.09 FEET; 4. S19°54'15"E, A DISTANCE OF 537.16 FEET; 5. S83°16'05"E, A DISTANCE OF 415.26 FEET; 6. S00°55'32"W, A DISTANCE OF 30.00 FEET; 7. S89°04'28"E, A DISTANCE OF 199.98 FEET; 8. S00°55'26"W, A DISTANCE OF 30.00 FEET; 9. S86°29'56"W, A DISTANCE OF 777.90 FEET; 10. S00°00'26"W, A DISTANCE OF 438.57 FEET; 11. N89°54'34"W, A DISTANCE OF 1.27 FEET; 12. S00°08'57"W, A DISTANCE OF 2,112.45 FEET; 13. S00°13'57"W, A DISTANCE OF 666.58 FEET; 14. S00°14'02"W, A DISTANCE OF 660.65 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10; 15. ALONG SAID NORTH LINE, N89°07'41"W, A DISTANCE OF 19.28 FEET TO THE CENTER-SOUTH SIXTEENTH CORNER OF SECTION 10; 16. S00°27'19"W, A DISTANCE OF 1,316.25 FEET TO THE SOUTH QUARTER CORNER OF SECTION 10; 17. ALONG THE WEST BOUNDARY OF THE FOSSIL CREEK MEADOWS ANNEXATION TO THE TOWN OF WINDSOR AND ITS NORTHERLY PROLONGATION, WHICH IS ALSO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, S00°29'36"W, A DISTANCE OF 2,133.81 FEET; 18. DEPARTING THE QUARTER SECTION LINE AND CONTINUING ALONG THE WEST BOUNDARY OF SAID ANNEXATION, S17°24'05"E, A DISTANCE OF 161.51 FEET; 19. CONTINUING ALONG SAID WEST BOUNDARY, S00°11'44"W, A DISTANCE OF 1,620.73 FEET TO THE NORTHWEST CORNER OF THE PTARMIGAN BUSINESS PARK SECOND ANNEXATION TO THE TOWN OF WINDSOR; 20. ALONG THE WESTERLY BOUNDARY OF SAID PTARMIGAN BUSINESS PARK SECOND ANNEXATION, S00°17'07"W, A DISTANCE OF 226.69 FEET; 21. CONTINUING ALONG SAID WESTERLY BOUNDARY AND ALONG THE WESTERLY BOUNDARY OF THE PTARMIGAN BUSINESS PARK FIRST ANNEXATION TO THE TOWN OF WINDSOR, S16°06'53"E, A DISTANCE OF 1,085.40 FEET; 22. CONTINUING ALONG THE WESTERLY BOUNDARY OF SAID PTARMIGAN BUSINESS -6- PARK FIRST ANNEXATION, N89°41'07"E, A DISTANCE OF 50.00 FEET; 23. CONTINUING ALONG SAID WESTERLY BOUNDARY, S42°35'23"E, A DISTANCE OF 148.70 FEET; 24. CONTINUING ALONG SAID WESTERLY BOUNDARY, S00°35'41"E, A DISTANCE OF 79.98 FEET TO A CORNER OF THE WINDSOR HIGHLANDS ANNEXATION NO. 7 TO THE TOWN OF WINDSOR; 25. ALONG THE WESTERLY BOUNDARY OF SAID WINDSOR HIGHLANDS ANNEXATION NO.7, S58°43'19"W, A DISTANCE OF 116.81 FEET; 26. CONTINUING ALONG SAID WESTERLY BOUNDARY, S89°40'35"W, A DISTANCE OF 49.83 FEET; 27. CONTINUING ALONG SAID WESTERLY BOUNDARY, S22°37'04"W, A DISTANCE OF 658.50 FEET; 28. CONTINUING ALONG SAID WESTERLY BOUNDARY, S05°25'32"W, A DISTANCE OF 803.31 FEET; 29. CONTINUING ALONG SAID WESTERLY BOUNDARY, S00°12'32"W, A DISTANCE OF 1,151.94 FEET TO A CORNER OF SAID WINDSOR HIGHLANDS ANNEXATION NO. 7 WHICH LIES ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 22; THENCE S89°41’23"W, A DISTANCE OF 78.66 FEET TO THE CENTER QUARTER CORNER OF SECTION 22; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 22, S89°42'56"W, A DISTANCE OF 170.96 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. N00°11'31"E, A DISTANCE OF 1,163.34 FEET; 2. N04°06'12"W, A DISTANCE OF 165.88 FEET TO THE SOUTHEAST CORNER OF THE LODGEPOLE INVESTMENTS LLC ANNEXATION TO THE CITY OF FORT COLLINS; 3. ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION, N04°06'12"W, A DISTANCE OF 523.98 FEET; 4. CONTINUING ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION AND ALONG THE EASTERLY BOUNDARY OF THE FOSSIL CREEK 392 ANNEXATION TO THE CITY OF FORT COLLINS, N18°24'30"W, A DISTANCE OF 264.10 FEET; 5. CONTINUING ALONG SAID EASTERLY BOUNDARY OF THE FOSSIL CREEK 392 ANNEXATION, N31°12'26"W, A DISTANCE OF 553.67 FEET TO THE SOUTHEAST CORNER OF THE INTERSTATE LAND HOLDINGS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE EASTERLY BOUNDARY OF SAID INTERSTATE LAND HOLDINGS ANNEXATION THE FOLLOWING NINE (9) COURSES: 1. ACROSS THE RIGHT OF WAY OF STATE HIGHWAY 392, N00°42'38"W, A DISTANCE OF 156.17 FEET; 2. CONTINUING ACROSS SAID RIGHT OF WAY, N33°26'08"E, A DISTANCE OF 90.10 FEET; 3. CONTINUING ACROSS SAID RIGHT OF WAY, N18°01'38"E, A DISTANCE OF 11.45 FEET; 4. N83°57'33"E, A DISTANCE OF 113.22 FEET; 5. N44°48'39"E, A DISTANCE OF 118.86 FEET; 6. N08°32'02"E, A DISTANCE OF 337.31 FEET; 7. N13°27'15"E, A DISTANCE OF 514.74 FEET; 8. N04°40'04"E, A DISTANCE OF 216.25 FEET; 9. N83°20'26"W, A DISTANCE OF 55.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF INTERSTATE HIGHWAY 25; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE THE FOLLOWING SIXTEEN (16) COURSES: 1. N06°11'23"E, A DISTANCE OF 478.00 FEET; 2. N00°13'59"E, A DISTANCE OF 714.83 FEET; 3. N16°28'12"W, A DISTANCE OF 104.39 FEET; 4. N00°13'59"E, A DISTANCE OF 2,695.26 FEET; -7- 5. N08°45'59"E, A DISTANCE OF 202.18 FEET; 6. N00°13'59"E, A DISTANCE OF 4,595.38 FEET; 7. N18°08'36"W, A DISTANCE OF 463.76 FEET; 8. N82°50'36"W, A DISTANCE OF 534.40 FEET TO A CORNER OF THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS; 9. ALONG THE EASTERLY BOUNDARY OF SAID RIVERWALK ANNEXATION, N00°55'24"E, A DISTANCE OF 30.00 FEET; 10. CONTINUING ALONG SAID EASTERLY BOUNDARY, S89°04'36"E, A DISTANCE OF 100.00 FEET; 11. CONTINUING ALONG SAID EASTERLY BOUNDARY, N00°55'24"E, A DISTANCE OF 30.00 FEET; 12. CONTINUING ALONG SAID EASTERLY BOUNDARY, N84°55'54"E, A DISTANCE OF 574.58 FEET; 13. CONTINUING ALONG SAID EASTERLY BOUNDARY, 135.77 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 11,295.00 FEET, A CENTRAL ANGLE OF 00°41'19", AND A CHORD WHICH BEARS N01°43'13"W A DISTANCE OF 135.77 FEET; 14. CONTINUING ALONG SAID EASTERLY BOUNDARY, N02°02'35"W, A DISTANCE OF 4,185.35 FEET; 15. CONTINUING ALONG SAID EASTERLY BOUNDARY, N24°15'59"W, A DISTANCE OF 793.35 FEET; 16. CONTINUING ALONG SAID EASTERLY BOUNDARY, N56°56'01"W, A DISTANCE OF 82.86 FEET; THENCE N00°30'07"E, A DISTANCE OF 105.59 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 195.67 ACRES, MORE OR LESS, is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the I- 25 Third Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 4. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the Property hereby annexed except as may be provided by ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. -8- Introduced, considered favorably on first reading, and ordered published this 7th day of November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of November, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: October 18, 2017 0 0.4 0.8 1.2 1.6Miles Scale 1:45,000 © Zoning Map - Parcel No. 2 Growth Management Area Boundary - Outline City Limits I-25 Third Annexation General Commercial (CG) CSU Employment (E) Harmony Corridor (HC) Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) River Conservation (RC) Low Density Residential (RL) Rural Lands District (RUL) Transition (T) Urban Estate (UE) I-25 Third Annexation ATTACHMENT 4 CSU Employment (E) Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Public Open Lands (POL) River Conservation (RC) Transition (T) Urban Estate (UE) I-25 Third Annexation ATTACHMENT 3