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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/19/2017 - RESOLUTION 2017-086 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 19, 2017 City Council STAFF Kai Kleer, Associate Planner Cameron Gloss, Planning Manager Brad Yatabe, Legal SUBJECT Resolution 2017-086 Finding Substantial Compliance and Initiating Annexation Proceedings for the I-25 Third Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Highway I-25 Third Annexation. This is a voluntary annexation. The applicant, Colorado Department of Transportation Region Four Transportation Director, Johnny Olson, has submitted a written petition requesting a single annexation of approximately 282 acres of interstate right-of-way. The requested zoning for this annexation is a combination of Community Commercial (CC), Industrial (I), Public Open Lands (POL), and Rural Lands District (RUL). These are the zones that border I-25 and also conform to the City of Fort Collins Structure Plan. This annexation continues the City of Fort Collins' practice of annexing I-25 right-of-way. 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. BACKGROUND / DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by state law. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City agrees to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The 282-acre Highway I-25 Third Annexation contains two parcels referred to as “Area No. 1” and “Area No. 2.” The contiguous boundary for Area No. 1 is 27.17% and for Area No. 2 is 22.33%. The contiguity satisfies the one-sixth (1/6) area required by Colorado Revised Statutes. Contiguity is gained from the 11 previous annexations: 1. Highway 1-25 First Annexation, 1989 2. Highway I-25 Second Annexation, 1989 Agenda Item 12 Item # 12 Page 2 3. Frontage Road Industrial Associates, LTD. Annexation, 1990 4. Kirschner Annexation, 1993 5. Arapaho Bend Second Annexation, 1998 6. Interchange Business Park Third Annexation, 2005 7. Fossil Creek Reservoir Open Space Annexation, 2008 8. Riverwalk Annexation, 2009 9. Fossil Creek 392 Annexation, 2009 10. Lodge Pole Investments LLC Annexation, 2015 11. Maverik First Annexation, 2016 This annexation request is in conformance with 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. CITY FINANCIAL IMPACTS There are no City financial impacts associated with this request BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on October 19, 2017, and will make its recommendation at that time. The Board’s recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on November 7, 2017. Also, as noted, this is a voluntary annexation. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with state statues. ATTACHMENTS 1. Highway I-25 Third Vicinity Map (PDF) 2. I-25 Third Area No. 1 Structure Plan Map (PDF) 3. I-25 Third Area No. 2 Structure Plan Map (PDF) 4. Annexation Map (PDF) Harmony Rd Horsetooth Rd Drake Rd Prospect Rd Kechter Rd Carpenter Rd College Ave I-25 First Annexation March 31, 1989 I-25 Second Annexation September 29, 1989 Area No.2 of I-25 Third Annexation Area No. 1 of I-25 Third Annexation ATTACHMENT 1 a P o u d r e Re s e r vo ir I n l e t Box e l d e r C r e e k E County Road 48 E Mulberry St !"`$ ÕZYXW Highway I-25 Third Annexation Scale500 1:12, Structure Plan Land Use 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 0 0.05 0.1 0.2 0.3 0.4 Miles ° ! Highway Area I-No. 25 1 Third CC & I, Zoning Structure Plan Map - Area No. 1 ATTACHMENT 2 B ox e l d e r D i t c h oi r I n l e t C a c h e l a P o u d r e R i v e n e s e r v o i r R e s e r v o i r B o x el d e r D 6?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?3ODQQLQJ?,$QQH[DWLRQ?'HVLJQ?;;;;;;;;B&'?,UG$QQH[6KHHW6GZJ ATTACHMENT 4 6?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?3ODQQLQJ?,$QQH[DWLRQ?'HVLJQ?;;;;;;;;B&'?,UG$QQH[6KHHW6GZJ 6?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?3ODQQLQJ?,$QQH[DWLRQ?'HVLJQ?;;;;;;;;B&'?,UG$QQH[6KHHW6GZJ 6?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?3ODQQLQJ?,$QQH[DWLRQ?'HVLJQ?;;;;;;;;B&'?,UG$QQH[6KHHW6GZJ 6?(QJLQHHULQJ?'HSDUWPHQWV?6XUYH\?3URMHFWV?3ODQQLQJ?,$QQH[DWLRQ?'HVLJQ?;;;;;;;;B&'?,UG$QQH[6KHHW6GZJ -1- RESOLUTION 2017-086 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE I-25 THIRD ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the I- 25 Third Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the I-25 Third Annexation in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. 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 accepts the annexation petition for the I-25 Third Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: 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; 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 -2- 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 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; -3- 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 EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3 TO BEAR S01°46’53"E, 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; -4- 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; 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. ALONG THE WEST BOUNDARY OF SAID ANNEXATION AND ALONG THE WEST BOUNDARY OF FLATIRON ANNEXATION “NO. 1”, S00°10'51"W, A DISTANCE OF 1,889.31 FEET; -5- 11. ALONG THE WEST BOUNDARY OF FLATIRON ANNEXATION “NO. 1”, S16°49'29"E, A DISTANCE OF 389.43 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-EAST 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 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 -6- 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; 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, -7- 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 196.12 ACRES, MORE OR LESS Section 3. That the City Council hereby finds and determines that the annexation petition for the I-25 Third Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1) An allegation that it is desirable and necessary that such area be annexed to the municipality; (2) An allegation that the requirements of Colorado Revised Statutes sections 31-12- 104 and 31-12-105 exist or have been met; (3) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4) The signatures of such landowners; (5) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6) The mailing address of each such signer; (7) The legal description of the land owned by such signer; (8) The date of signing of each signature; and (9) The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. -8- Section 4. That the City Council hereby finds and determines that the annexation map, four copies total, accompanying the annexation petition for the I-25 Third Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1) A written legal description of the boundaries of the area proposed to be annexed; (2) A map showing the boundary of the area proposed to be annexed; (3) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (4) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5. That the Notice attached hereto as Exhibit “A” is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of September, A.D. 2017. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2017-086 initiating annexation proceedings for the I-25 Third Annexation, with Area No. 1 consisting of approximately 86 acres located along Interstate Highway 25 extending approximately 4620’ north and 2640’ south from the intersection of E. Mulberry Street/State Highway 14 and Interstate Highway 25, and Area No. 2 consisting of approximately 196 acres located along Interstate Highway 25 extending approximately 6060’ north and 18,650’ south from the intersection of E. Harmony Road and Interstate Highway 25, said Annexation being more particularly described in Resolution 2017-086. That, on November 7, 2017, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Community Commercial (“C-C”) Zone District, the Industrial (“I”) Zone District, the Public Open Land (“P-O-L”) Zone District and the Rural Lands (“R-U-L”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Dated this 19th day of September, A.D. 2017. _______________________________ Interim City Clerk i t c h E Harmony Rd Kechter Rd E County Road 38 S County Road 7 E Horsetooth Rd Main St Strauss Cabin Rd State Hig h way 392 S County Road 5 E Harmon y Rd Strauss Cabin Rd E County Road 38 Main St E County Road 36 S County Road 5 !"`$ ôZYXW ARCHERY RANGE Highway I-25 Third Annexation Scale 1:25,901 Highway_I25_Annexation Growth Management Area Boundary - Outline Railroad Lines Structure Plan Land Use Commercial Corridor District Employment District Urban Estate Low Density Mixed-Use Neighborhoods Rural Lands Community Separator Open Lands, Parks and Stream Corridors Adjacent Planning Areas 0 0.15 0.3 0.6 0.9 1.2 Miles ° ! Public Open Lands (POL) Structure Plan Map - Area No. 2 Community Commercial (CC) Rural Lands District (RUL) Community Commercial (CC) ATTACHMENT 3