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HomeMy WebLinkAboutMINUTES-07/08/1965-Regular322 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, Held Thursday, July 8, 1965, at 1:30 o'clock P.M. Present: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Interim City Manager Case, City Attorney March and City Engineer Fischer. Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that the reading of the minutes of the adjourned meeting held July.2, 1965, be dispensed with. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: July 7, 1965 Stanley R. Case Acting City Manager Re: °torm Drainage Study vicinity Shields and Elizabeth. The above study has been made by our office and is herewith submitted for your consideration. DRAINAGE AREA There are; about 106 acres of gnund which contribute surface runoff to the inter- section of Shields and Elizabeth, Almost all of the drainage area exists West of Shields with the western boundary being the Larimer No. 2 Ditch. Drainage is received within these East and West boundaries from as far North as Birch Street. Although a small ridge exists on Shields approximately 600 feet South of Lake Street. The total area being drained at this point is about 178 acres. About 80% of the area contributing to the runoff is within the City Limits. EXISTING STORM SEWERS There are only two sections of storm sewer existing within the drainage area. A small 12" drain (an old converted irrigation line) extends East on Plum from Bluebell to Shields and South on Shields approximately 150 feet where it is discharged onto the sur- face of Colorado State University property on the East side of Shields. A 24" storm sewer has also been constructed along Elizabeth between City Park and &hields. This line, which serves t he Campus West Shopping Center on both sides of Elizabeth, the private club and swimming pool and will serve the extensive apartment house development being planned by Bartran Homes, also discharges or the littlesurface the areaEast Universi ty property Shields ve on the East side of Shields. As stated earlier, rY discharges storm water onto Shields. This area, for the most part, is University land and is served by an existing storm drainage system of the school. PROPOSALS Two storm sewer systems could be constructed which would solve the drainage problem at the intersection. Line A. The logical receiving drainage course for the storm accumulation in this area is Spring -`reek. There are two routes by which the storm water could be carried to the Spring Creek channel. The most direct, and based on the preliminary studies that have been made by the Department, the most desirableie,ihat we have labeled e"Line A".eet iThis c would consist of a straight line connection, s Ifromtiz tion to Spring Creek. The total distance would be approximately 4,5feet. There are two significant problems that have to be considered in the construction of a storm sewer along this route. First, there is only about 7.5 feet difference Cveeke elevations of the flow lines of the storm sewer in Elizabeth at Shields and Spring at Shields. In a distance of 4,500 feet this amounts to a fall of about 1-213 feet per 1,900 feet ... a very flat slope. At this grade an unreasonably large sizecpipe would be required in order to carry Spring Creeknt of wouldstorm requiretexcessive cutser we can cinathe area between Lake line from Elizabeth to Spring line wouldrbepexpensiveaandiwouldnencounter tconsiderable interference ewith Aexisting ie this utilities in the street. In order to overcome these two obstacles we have given preliminary con- sideration to the proposition of constructing a lift station and raising the storm water toward the ridge between Lake and Prospect. Two arrangements are possible. One would wherestheflevelawouldlbeeraisedfrom Elizabeth vertically 6tto88pfeetmandlcontinae,eby grato a vity, tolift ttheon Creek. A second possibility would be to install aintrsectlift station near the Elizabeth Street ch d run ut 1,0 feet nd theeleveliapproximatelyr6efeetoabovpr essure thelexistingo24 inchOline. aTheraise latter is preferable for at least two reasons ... it would be an estimated $14,000.00 less expensive because excavations would not be as deep, grades would improve and the size of the gravity line could be decreased. Second, it would be eader to obtain ground to con- struct a lift station near Elizabeth Street than it would in the vicinity of Lake and Prospect. The one big disadvantage to this alternative would be the fact thatTcollection lines could not be discharged directly into the 1,800 feet of pressure line. first arrangement would cost an estimated $115,071.81 ... the second, $101,056.25. Line B. A second possible route to Spring Creek, would consist of a gravity th xsystem tat wold etend imatelyh2,800ufeetxwhereSittwouldSbeedischargedlds from lintoethetArthurioraTownnd aDitch.st on PiTheretkin ao are both advantages and disadvantages to such an arrangement. The construction would be con- siderably cheaper than line "A" because it could not involve any pumping. It would follow 323 closely the contour of the ground, making a v ery desirable grade, thereby permitting us to hold the pipe size to a minimum. It would, however, require that very careful conaidera- tion be given to the available ditch capacity. A detailed investigation has not been made, but random checks along the ditch indicate that by discharging the storm sewer into the ditch, as we are proposing, we will, in places, exceed the capacity of it by as much as 50%. While the University plans to make some improvements, as indicated on the attached exhibit, additional improvements would have to be incorporated into the project in order to avoid serious flooding at cart a.iin points ... most notable of which would be at the inter- section of the ditch and Lake Street. We have not, as stated, made a detailed investigatioi of the improvements that would be required in the ditch. We will do so if you desire. It has been the feeling of the department that incorporation of the ditch into a solution of the problem, should be avoided if at all .possible. The estimated cost of making this con- struction (not counting improvements to t he ditch) would be $il,333.75- FINANCING The most feasible method of financing the improvement would be the establishment of an improvement district composed of the 'benefited properties. Generally those propertie: would be the ones included within the two shaded area s labeled "General Drainage "rea" and "Drainage along Route to Outlets" on the attached exhibits. Before an absolute "property owner cost" can be derived it is necessary that a decision be reached regarding the exact oonstruction that is to be made; a more detailed plan and estimate prepared on the basis Of it; and a careful delineation be made of the exact area being benefited. On the basis Of preliminary work to date, we would estimate that if the alternate of Line "A" were con- structed the assessment to the area shown on the exhibit as contributing runoff would be around $0.02 per square foot. SUMMARY The construction of a storm sewer system to serve his area is of vital importance We cannot continue to permit development in this section of our City to discharge storm wa- ter onto the surface of the University property. C.S.0 is presently constructing a fieldhoi and associated parking area which preclude our continuing the present arrangement. Shields Street is an arterial street andvery important in the traffic circulation pattern of the City ... it's importance will be increased with the completion of the new University fac- ility. Widening and improvement of the street is of top priority, but before this can be done the drainage problem must be solved. The general area is developing rapidly, and as bas as the siituation is now it is going to become much worse with the completion of con- struction in the area that has already started. RECOMMENDATIONS That the Engineering Department be directed to proceed with the formulation of a storm sewer improvement district in this area. That the improvement provide for the con- struction of the storm sewer according to Alternate Line "A". That a detailed study be made of the exact area benefited and that having established these things the various pro- perty owners be approached in the matter in an attempt to obtain the names of if of the owners to be assessed on a petition for the improvement as required by Section 15-55, of the City ordinance. /s/ C. Adam Fischer Public Works Director. The following communication was presented and read at length: COLORADO STATE UNIVERSITY Mr. Harvey Johnso Mayor City of Fort Collins Fort Collins, Colorado July 8, 1965 SUBJECT: Storm Sewer to Serve Area West of Shields Street from the CSU Campus Dear Mr. Johnson: This letter is to bring to the further attention of the City Council a'problem that has been discussed for a considerable time in regard to adequate storm sewer facilities for the city area immediately west of the campus from Shields Street. As you may be aware, discussions have been underway for several years in regard to the need for an adequate storm sewer facility to serve the area west of Shields Street to avoid the runoff from this area passing over onto the University and thereby causing flop ing of the campus. During the heavy rain of June 17, 1965, the observation of the flow of water during the course of the heavy rain indicated beyond question that good deal of the su Sequent damage incurred on the campus wqs due to the runoff coming from the city area locat- ed west of Shields Street. This runoff crossed the street onto the campus, thereby over- loading the facilities on the campus beyond their capacity. It is my understanding that before t he flood Mr. Harry Hepting, Director of CSU Physical Plant, and Mr. Adam Fisher, City Engineer, had been discussing the need for such a storm sewer. The discussions involving Mr. Hepting were due partly to the fact that it is anticipated such a storm sewer will serve in a limited way certain area of the campus. This direct benefit of such a storm sewer justifies CSU providing part of the financing for this storm sewer. In order to help expedite installation of this sewer CSU is requesting of the coming session of the legislature some $22,000 as its share of the cost of the installation. If we can provide any further information which would help in expediting installa- tion of this storm sewer for the mutual benefit of Colorado State University and the City of Fort Collins, please let me know. ie i Sincerely yours, /s/ A. R. Chamberlain Vice President for Administration C) b-) 024 After considerable discussion, motion was made by Councilman McMillan, seconded by Councilman Carson, that the report be accepted and that further investigation to deter- mine the costs be made and the City Engineer proceed to attempt to form a Storm Sewer Impro ment District. Roll Was alled resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion dopted. Mr. Ronald 0: Roberts, Trustee of the Rockwell Ranch for the Cities of Fort Col- lins and Greeley, was present and requested approval of a Right -of Way easement to be Electric granted the Poudre Valley Rural/Association, Inc., over and across a portion of the Rockwell Ranch properties. He advised the Council that the Council of the city of Greeley had acted favorably upon the granting of the easement, subject to the approval of the Council of the City of Fort Collins. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS A PROVING THE GRANT OF A RIGHT OF WAY EASEMENT TO THE POUDRE VALLF'i' RURAL ELECTRIC ASSOCIATION, INC. AND AUTHORIZING RONALD 0. ROBERTS, AS TRUSTEE FOR THE CITIES OF FORT COLLINS AND GREELEY, TO EXECUTE SUCH RIGHT OF WAY EASEMENT WHEREAS, the Poudre Valley Rural Electric Association, Inc. has requested the grant of a right of way easement over and across the SW4 of Section 25, Township 8 North, Range 73 West of the 6th P.M. ( a portion of the Rockwell Ranch properties) which said land is jointly owned by the Cities of Fort Collins and 'Greeley, and WHEREAS, said easement would authorize said association to place, construct, operate, repair, maintain, relocate and replace thereon and in or upon all streets, roads or highways abutting said lands, an electric transmission or distribution line or system, and to cut and trim trees and shrubbery to the extent necessary to keep them clear of said electric line or system, and to out down from time to time all dead, weak, leaning or dan- gerous trees that are tall enough to strike the wires in falling, and WHEREAS, it is the opinion of the City Council that it will be to the best inter- ests of the City of Fort Collins that Ronald 0. Roberts, Trustee for the Cities of Fort Collins and Greeley, be authorized to execute said requested right of way easement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a grant of the requested right of way easement to the Poudre Valley Rural Electric Xsso- ciation, Inc., be and the same is herewith authorized and approved, subject to like grant of authority by the City of Greeley. BE IT FURTHER RESOLVED that Ronald 0. Roberts be and he is herewith authorized to execute such right of way easement as Trustee for the Cities of Fort Collins and Greeley, provided like authorization is given by the Council of the City of Greeley. Passed and adopted at a regular meeting of the City Council of the City of Fort Collins held this 8th day of July, A. D, 1965. Harvev G. Johnso ATTEST: /s/ Miles F. House City ulerk Motion was made by Councilman Carson, seconded by Councilman Bennett, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the ,motion adopted. The following communication was presented and read at length: July 8, 1965 Members of the City Council City of Fort Collins Fort Collins, Colorado Dea4 Sirs and Madam: You have requested an opinion foom this office regarding the legality of the City lighting facilities on tennis courts owned by the Poudre R-1 School District. This office has studied this matter and has examined the Charter and ordinances of the City and the pro- fisions of State law applicable to tis question, and particularly we have examined Sections 16 and 17 of Chapter V of the City harter. 325 It is our opthl6 n that such action would be permissible on the following con- ditions: The City should obtain from the School District a written statement that the tennis courts in question will be open for the general use of all citizens of the City of Port Collins; and , in addition, it should be understood in writing between the City and the School District that any lighting or other equipment installed remains the property of the City of Fort Collins and may be removed by it at any time. Isl arthur E. March City Attorney Motion was made by Councilwoman Quinn, seconded by Councilman "ennett, that this report of the City Attormy be accepted and the matter tabled to a later date. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: July 8, 1965 TO: The Fort Collins City Council FROM: The Planning and ZoningBoard SUBJECT: #46-65 The South Taft Hill Fourth annexation, containing 3.09 acres. On July 6, 1965, the Board considered this request for annexation and submits a favorable recommendation, with "A" Residential District zoning. During the process of annexation, before final reading of the ordinance, transfer of usable water rights and dedication of an additional ten feet on Taft Hill Road should be accomplisl ed, Respectfully submitted, Fort Collins Planning and Zoning Board A/ by Gene Allen Secretary Motion was made by Councilman McMillan, seconded by Councilman Bennett, that this matter be referred to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillat Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following report was presented and read at length: July 8, 1965 To: The Fort Collins City Council FROM:The Planning and Zoning Board 'SUBJECT: #47-85 The 'Jest Prospect Second Annexation, containing 61.17 acres This request was presented to the Board on July 6, 1965, and following discussion two motions were passed. Anne -on It is recommended for City Council to act favorably on the petition. Dedications to the City of an additional twenty feet along Prospect Road and Overland Trail and a 60, connect- ing street (Cypress) between Prospect and Lake Street extended are needed and should be a condition of this annexation. The last mentioned street dedication would connect directly to the new elementary school site on Prospect and be another link in a needed through street between Prospect Road and West Elizabeth Street. Water rights should be transferred at this time also. Zoning A recommendation is made to zone both sides of Cypress extended as "B" Residential and both sides of Banyan extended as "A" Residential. The three tracts at the southeast corner of Overland Trail and Prospect Road are recommended for D Commercial and C Residential as requested and the remainder' of the annexation should be "A" Residential. Respectfully submitted, Fort Collins Planning and Zoning Board Gene Allen Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this natter be referred to the City Attorney to prepare the necessary resolution and notice of Bennt leering. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan Ind Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The following petition was presented: (Page 328) 326 The following report was presented and read at length: July 7, 1965 TO: The Fort Collins City Council FROM: The Planning and Zoning Board SUBJECT: #42-65 The Fourth College Annexation, containing approximately 745.13 acres This request was considered by the Planning and Zoning Board in the regular meeting held July 6, 1965. It was also discussed in their meeting held June 1. The annexation and zoni of land within it were acted upon separately as follows: Annexation i The petition for annexation is recommended to the City Council, with a stipulation that right-of-ways for included Major Arterial Streets be dedicated for public use and Water Rights owned by the petitioners be made available for purchase by the City at established prices. A separate arrangement relative to water rights and consumption for domestic and irrigation purposes is being worked out with Colorado State University at this time. Zoning of Gilsdorf property The recommendation is made to zone as "C" Residential the portion of the Gilsforf tract, consisting of about 24.5 acres, which is located between Shields Street and Canal Number 2. The remainder of the 108 acres is recommended to be zoned "A" Residential, with an under- standing that' more detailed studies on street plans and zoning of the entire tract will be done in a cooperative manner at an early date. Zoning of other properties It is recommended to zone the property owned by Mr. Pat Griffin (the Gasamat) and the Colo- rado and Southern Reilroad tract on Drake east of the railroad as "E" Commercial. Zoning of other land included in the annexation is recommended as "A" Residential. Due to the late date of filing the Watts petition, notification to owners adjoining this particular tract was not given. For this reason, a hearing on Zoning of this parcel will be held by the Planning and Zoning Board at the August meeting. In order to avoid delay on the entire larger annexation, proceedings should start on same. Respectfully submitted, Fort Collins Planning and Zoning Board /s/ Gene Allen Secretary The petition and application of the Watts property to be included on the above Fourth College Annexation, which was referred to the Planning and Zoning Board at the July 2, 1965, meeting, requested a "C" residential zone and inasmuch as the Planning and Zoning Board had not time to send notification to adjoining property owners concerning his request for a "C" Residential zone of this annexation, Mr. Gene Allen, Director of the Planning and Zoning Board, advised the Council that a hearing would be held on this petition for "C" Residential zone at their first meeting in August and requested that the proceedings for the entire Fourth College Annexation be started at once. The City Attorney advised the Council that it would not be possible to include the Watts petition with a "C" Residential zone until a hearing had been held by the Planning and Zoning board on same. After dis- cussion, motion was made by Councilman Carson, seconded by Councilwoman Quinn, that the Fourth College Annexation petition,with the Watts petition excluded, be refeaed to the City Attorney to prepare the necessary resolution and notice of hearing. Roll was called result- ing as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Mr. Ronald Strahle again appeared before the Council in reference to his request to connect a second sewer service line at 1710 Peterson Street to an existing sewer service line at 1716 Peterson Street. He presented further arguments on the matter, stating that he understood that the sewer line from the Columbine Rest Home had been reduced from a 6" to a 4" when this sanitary sewer was installed, but that this connection to these lines woul, not be as feasible as to connect to the 4" line at 1710 Peterson property. There was consi- derable discussion by the City Engineer and Mr. Strahle and the Council members regarding this matter, and after which motion was made by Councilwoman Quinn, seconded by Councilman Carson, that the matter be tabled for one additional week to allow the City Engineer to make 327 a study of the sewer line from the Columbine Rest Home and other details concerning build - ling permits issued. Roll was called resulting as follows: Ayes: Councilmen Johnson, (Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported that the Mayor had reported an offer from George C. hand Delora June Jardine to sell to the City 19 shares of the Capital stock of the North Poudre Irrigation Company at $500.00 per share. After discussion, the following resolution (was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PURCHASE OF NINETEEN SHARES OF THE CAPITAL STOCK OF THE NORTH POUDRE IRRIGATION COMPANY FROM GEORGE C. JARDINE AND DELORA JUNE JARDINE WHEREAS, George C. Jardine and Lelora June Jardine have offered to sell to the City of Fort Collins nineteen (19) shares of the capital stock of the North Poudre Irri- gation Company at a price of Five Hundred end No/100 Dollars 3500.00) per share and upon certain other terms and conditions, and WHEREAS, it is the opinion of the City Council that it is in the best interests of the City of Fort Collins to purchase said water rights, and a contract has been prepared by the City Attorney providing for the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said contract be and the same hereby are accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are authorized and directed to execute said agreement on behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 8t1a day of July, A. D. 1965. sl Harvev G. Johnson or ATTEST: /s/ Miles F. House City ulerk Motion was made by Councilwoman Quinn,, seconded by Councilman Carson, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. the President declared the motion adopted. The City Attorney presented a uniform agreement for reimbursements for subdivide for oversize sewer line installations for study. He advised the Council that the City Cle had requested a resolution authorizing the Mayor and City Clerk to execute a right-of-way agreement and deed for both water and sewer construction which will be obtained for the improvements being construction at this time. The following resolution was presented and read at length: RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING RIGHT OF WAY AGREEMENTS AND DEEDS WHEREAS, it is necessary for the City of Fort Collins to acquire rights of way in connection with the extension and improvement of its sewage and water facilities,and WHEREAS, the City Attorney has prepared standard agreements for such purpose, and WHEREAS, numerous agreements have been executed by property owners involved and further agreements will be obtained from other property owners for the required rights of way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms of such agreements be and they are approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they hereby are auth- crized and directed to execute the agreements heretofore negotiated and also those agree- ments hereafter negotiated in connection with, the obtaining of such rights of way for and On behalf of the City of Fort Collins. Passed and adopted at a regular meeting of the Council held this 8th day of July, A. D. 1965. 328 Harvev G. Johnson ATTEST: Isl Miles F. House City ulerk Motion was made by Councilman McMillan, seconded by Councilwoman Quinn, that this resolution be adopted. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. The City Attorney reported to the Council that the District Court had upheld decision in denying the application of Ram's Horn, Inc., for a non -intoxicating malt Bever license in the Campus West Shopping Center. The Mayor informed the Council that Mr. J. D. Forney had requested the City to consider directionAl signs for the benefit of tourists to his museum on Laporte Avenue where he has a large display of antique cars. There was dis- cussion of the matter between members of the Council, but no action was taken regarding same The Interim City Manager presented an appeal for a hearing before the Personal Board of the City of Fort Collins of the case of suspension of Andrew Chismar by the Chief of Police. Said appeal was served upon the City Clerk as Clerk of the Council, the City Attorney and the City Manager. The Interim City Manager advised the Council that the appeal had been filed within the time limit set forth in the personal rules. The City Attorney advised the Council that they should not act as a Personal Board, and as the Personal Board had not as yet been appointed, the matter should be tabled until such action had been taken. The Mayor stated that the members of the Council had been advised to submit names of citizens who would serve on such a board and that it was possible that a Board could be appointed within the next week. He asked the members of the Council if any one of them was ready to present the name of the citizen who would serve on said board. Councilman Carson nominated Mr. Joe Price, an official of the Ideal Cement Company; Councilman McMillan nominated Mr. Courtland Hotchkiss of the University and Coun- cilman and Bennett nominated, Mr. W. J. Galyard, Insurance Agent, but advised the Council that he had not as yet obtained Mr. Galyard's statement that he would serve on said board. It was the opinion of the Council that the matter should be tabled for one week to allow the City Attorney to prepare a resolution confirming appointments to the Personel Board and that the newly appointed Board proceed to hear the appeal which has been presented by Andrew Chismar. ;,.atar Refer to Page 325 PETITION AND APPLICATION FOR ANNEXATION STATE OF COLORADO) ss. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, We the undersigned are the owners of more than 50% of the area and com- prise the majority of land owners residing in the area which is describedas situate in the County of Larimer, State of Colorado, to -wit: BEGINNING at the N4 Corner of Section 23-7-69; Thence S. 0022t E. along the west aide of the NE4 of said Section 2,646.7 feet to the center of the Section; Thence N. 89040, W, along the North line of the SW4 of Section 23-7-69, 2,653.7 feet to the West Quarter Corner. Thence N. 0°10' 30" W. along the West line of said Section 2,646.7feet Sectiono22h7- NW Section Corner; Thence N. 89028' W. along the North line of the NE4 of 69 1,667.8 feet; Thence S. 0032' W. 1,323.35 feet to a point on the North line of the S21 NEI of said Section; Thence N. 89036' W. alon� the North line of the S2, N2, of Section 22-7-69, 2,292.25 feet tot he NW Corner SET, NW4, Section 22-7-69; Thence S. 32911 0024122" E. along the West line SE4, NW4, of said Section 1,331.34 feet to the SW Corner, SE4, NW4; Thence S. 89044' E. along the South line N2" of Section 22-7-69 3,476.32 feet; Thence N. 0'10130" W. 473.0 feet; Thence S. 89°44' E. 244.0 feet; Thence N. 0°10130 " W, 447.0 feet; Thence S. 89°44' E. 226.0 feet to a point 30.0 feet West of the East line of Section 22-7-69; Thence S. 0°10'30" E. parallel and 30.0 feet West of said East line, 920.0 feet to a point 30.0 feet West of the E4 Corner; Thence S. 0°26, E. parallel and 30.0 feet West of said East line, 1,325.68 feet; Thence N. 89°53'3O" W. along the North line of the Si, Si, of Section 22=7-69 5,264.76 feet to the West Section line; Thence S. 0°29' E. along the West Section line 1,334.75 feet to the SW Corner of Section 22-7-69; Thence East albgg the South Section line 5,293.50 feet to the SE Corner of said Section; Thence S. 89030' E. along the South Line of Section 23-7-69, 4,575.47 feet to the east property line of the Colorado and Southern Railroad; Thence N. 0033' E. 785.3 feet; Thence S. 89049W. 55.49 feet; Thence N. 00 33' E. 1,552.4 feet to a point on the North line of the 52 Section 23-7-69; Thence East 59.16 feet; Thence N. 0006' E. 540.82 feet; Thence N. 061P22' E. 1,075.02 feet; Thence N. 03°08' E. on a long radius curve to the left a chord distance of 506.49 feet (R 4490,); Thence N°-6' W. 530.47 feet to a point on the North line of Section 23-7-69; Thence West to a point 1J02.95 feet West of the NE Corner, Section 23-7-69; Thence South 230 feet; Thence West 225 feet; Thence North 230 feet to the North line of Section 23-7-69; Thence West along said North line 1,327.95 feet to the Point of Beginning, containing 729.46 acres, more or less, which excludes a parcel of land in the SW4 of Section 23-7-69; more particularly described as follows: BEGINNING at a point on the west line of said ,Section which bears N. 0°26' W. 234.63 feet from the SW Corner; Thence N. 87°47' E• 69.8 feet; Thence N. 66033' E. 88.72 feet; Thence N. 01 26, W. 366.5 feet; Thence S. 89037' W. 152.0 feet to a point on the West line of Sec- tion 23-7-69; Thence S. 0026' E. along the West Section line 401.11 feet to the Point of Beginning. containing 729.46 acres, more or less. AND WHEREAS said lands are contiguous with the City Limits of the City of Fort Collins Colorado and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of the City of Fort Collins, 6 copies of Which said plat is herewith submitted. THEREFORE it is respectfully petitioned that said plat comprising the above NOW described lands , and approved, that the territory embraced therein, to be known be FOREaccepted as theFourth Colle e Annexation to the City of Fort Collins, Colorado, be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the (see attached) zone underthe zoning Ordinance of the City of Fort Collins. Dated at Fort Collins, Colorado, this 8th day of July, 1965, A. D. Respectfully submitted: DRAKE COMPANY /s/ Howard E. Jones Darrel T. Blake James Coutts M. S. McClaran STATE OF COLORADO) ) ss. COUNTY OF LARIMER) this The foregoing instrument was acknowb dged before ne,8, James12thCouttsday f July, 1965 8y Darrel T. Blake, M. S. McClaran, Howard ferthe purposes therein set forth. M7 commission expires Feb. 27, 1966. /s/ Herschel N. Downing Notary Public Petitions from the following property owners are combined with the forgoing peti- tition to complete the above discription of this annexation. g a foregoing instrument was acknowledged before. Cunning his as day of June, 1Colo A. D. y J° W. Terrill as Vice President and R. Cunningham as Secretary of the Colorado and Sowtharn RailwayCompany, a corporation. /s/ Donna W. McKeever My commission expires Nov. 211 1966. Notary Public p The foregoing instrument was acknowledged before purposesethereintsettay of forthwith.1965, by rVille H. Elliott and Helen Gail Elliott, for the p /s/ William C. Stover My commission expires: 7-1-67 Notary Public ?h® cknowlethwith. dged before me this 29th day of May, 1965, by Sam C. foregoing instrument was a anei, for the purposes therein set for /s/ Charles L. Rhoades My commission expires: 9-7-65 Notary Public thedgesetore me eforthwiththis 28th day of May, 1965, by Margaret foregoing instrument was acknowle Michaelson, for the purposes therein /s/ Eugene E. Mitchell ly commnission expires: July 1, 1967 Notary Public 3 U July 8. 1965 The foregoing instrument was acknowledged before me this 20th day of May, 1965, by Victor A. Gilsdorf, for the purposes therein set forthwith. My commission expires: 9-7-65 /s/ Charles L. Rhea Notary Public STATE OF COLORADO) as. COUNTY OF LARIMER) CITY COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS, COLORADO GENTLEMEN: WHEREAS, the undersigned is the owner of all of the area described below, and WHEREAS, there are no land owners residing in the area which is described below, such area being described as situate in the County of Larimer, State of Colorado, to -wit: The W2 of the Nil and the W2 of the SE4 of the NE4 of Section 23� Township 7 North, Range 69 West of the 6th P.M.; and that portion of the SE4-of Section 23, Township 7 North, Range 69 West of the 6th P.M. lying West of the railroad right- of-way consisting of 94 tillable acres; and the SW4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., except e parcel of land described as follow, to -wit: a parcel of land in the SW4 of Section 23, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, contained within boundary lines which begin at a point which is North 00°23' West 234.63 feet and North 89°37' East 30 feet from the SW corner of said Section 23 and running thence North 00' 23' West 401.11 feet, parallel to the West line of said Section 23, thence North 89°37' East 122 feet, thence South 000231 East 366.50 feet, thence South 66033' West 88.72 feet, and thence South 87047' West 39.80 feet to the point of beginninj and which contains 1.112 acres, more or less; and that portion of the SE4 of Sec- tion 23, Townshi; 7 North, Range 69 West of the 6th P.M. lying West of the rail- road right-of-way consisting of 94 tillable acres. and WHEREAS, said lands are contiguous with the City Limits of the City of Fort Col- lim , Colorado, and more than one -sixth of the aggregate external boundaries of said lands coincide with the existing boundaries of the City of Fort Collins, and WHEREAS, a plat of said lands has been prepared in accordance with the provisions of the Colorado State Statutes and the Ordinances of he City of Fort Collins, 4 copies of which said plat are herewith submitted. NOW, THEREFORE, it is respectfully petitioned that said plat comprising t he above described lands, be accepted and approved, and that the territory embraced therein, to be known as the Fourth College Addition Annexation to the City of Fort Collins, Colorado, be included within the limits and jurisdiction of the City of Fort Collins, Colorado, and further that said lands be included in the "A" Residence zone under t he zoning Ordinance of the City of Fort Collins, provided, however, and on the express condition that the annex ing ordinance expressly state that such annexation does not in any way convey to the City of Fort Collins any right, title or interest in and to any of said property, nor does it convey any right to establish new streets or extend existing streets on or actoss said prop- erty, nor does it convey to the City of Fort Collins any right to require sale or transfer of title of irrigation water to the City as a condition of annexation, nor does it grant any right to apply the provisions of any municipal ordinance and specifically any building code, zoning code, or licensing ordinance upon the above described property so long as titl thereof shall remain in the State Board of Agriculture, provided, however, that the above exclusion shall not affect the jurisdiction of the City of Fort Collins and such jurisdic- tion shall apply on the property annexed in the following particulars: the City traffic ordinances, the City ordinances relating to police enforcement of the traffic code and City ordinances relating to offenses against the person, offenses against inhabitations and dwellings, offenses against public peace, offenses relating to morals and offenses relating to the public health and safety, and the jurisdiction of the municipal court shall extend to and include violation of ordinances included in the foregoing items occurring on the lands annexed by such ordinance, provided, however, that the University officials shall retain authority to impose on its students and employees any supplementary traffic regula- tions or restrictions and to impose such other penalties as are consistent with their sta- tus with respect to the University. Dated at Fort Collins, Colorado, this 14th day of June, A. D. 1965. ATTEST Is/ C. L. Terrell, Secretary STATE OF COLORADO as. COUNTY OF LARIMER Respectfully submitted: THE STATE BOARD OF AGRICULTURE Is/ Arthur C. Sheely, President The foregoing instrument was acknowledged before me t his 14t1h day �f June, A. D. 1965, by Arthur C. Sheely as President and C. L. Terrell as Secretary of the State board of Agriculture, for the purposes therein set forth. My commission expires: June 26, 1968 Is/ Bernadine R. Simon Notary Public 33t July 6, 1965 Mr. Gene Allen City Planner City Hall Fort Collins, Colorado Dear Gene: This letter will confirm our telephone conversation this morning, July 6, 1965, regarding the annexation of the Juhl-Durrell tract into the city. The annexation of this property was approved by the Executive Committee of the State Board. of Agriculture July 2, 1965. This property consists of 50 acres of land, located at the southwest corner of the inter- section of South Shields and Prospect Streets. It is understood that the annexation of this property will be in accordance with the peti- tion and applicatiotmsubmitted by the Board for the annexation of the Bay, the Hahn and the Laidlaw farms, and the same conditions with respect to provisions of city ordinances will extend to this property. Sincerely, C. L. Terrell Secretary Motion was made by Councilwoman Quinn, seconded by Councilman Bennett, that this petition be referred to the Planning and Zoning Board for their recommendation. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motion adopted. Motion was made by Councilwoman Quinn, seconded by Councilman McMillan, that the Council adjourn. Roll was called resulting as follows: Ayes: Councilmen Johnson, Carson, McMillan, Bennett and Councilwoman Quinn. Nayes: None. The President declared the motior adopted, and the Council adjourned. ATTEST: City erk