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Home My WebLink AboutFOSSIL LAKE THIRD ANNEX ORDINANCE # 37 2002 - Filed A-ANNEXATIONS - 2002-08-09Page is too large to OCR. Page is too large to OCR. RCPTN a 200203i278 03/21/2002 13:03:00 # PAGES - i, FEE - $25.00 M RVUENBERGER RECORDER, LARIMER COUNTY CC) STATE DOC FEE - $.VU ORDINANCE NO. 036, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FOSSIL LAKE ANNEXATION NO. 3 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2002-006, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A parcel of land located in the West Half (WI/2) of Section Nine (9), the East Half (El /2) of Section Eight (8) and the Northwest Quarter (NW I /4) of Section Sixteen (16), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County ofLarimer, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter (Nl/4) Corner of said Section 9 and assuming the North line of said NW 1/4 to bear North 87059140" West with all bearings here in relative thereto: THENCE South 00°00'42" West along East line of the Northwest Quarter (NW I/4) of said Section 9 a distance of 2357.03 feet to a point on the South line of Fossil Lake PUD Second Filing as recorded in Larimer County Records under Reception No. 2001056410; THENCE North 88°05'14" West along said South line a distance of 86.60 feet to the POINT OF BEGINNING; THENCE along said Fossil Lake PUD Second Filing the following twenty-seven courses and distances: THENCE continuing North 88°05'14" West a distance of 1166.04 feet; THENCE South 00°00'42" West a distance of 282.47 feet; THENCE South 51 °30'51" East a distance of 561.47 feet; THENCE South 00°00'42" West a distance of 1033.88 feet; THENCE South 50°40'08" East a distance of248.66 feet; THENCE North 89°40'00" West a distance of 7.98 feet; THENCE South 07°25'00" West a distance of 185.00 feet; THENCE South 32°40'00" East a distance of 138.00 feet; / THENCE South 14°00'00" West a distance of 370.00 feet; ✓// CITY CLERK CITY OF FORT COLLINS a THENCE South 04°30'00" West a distance of 212.00 feet; THENCE South 01'10'00" West a distance of 253.25 feet to the South line of the Southwest Quarter of said Section 9; THENCE South 88°06'37" East along said South line a distance of 18.06 feet; THENCE South 66'1 V33" West a distance of 139.18 feet; THENCE South 89°07'33" West a distance of 291.00 feet; THENCE South 69°01'33" West a distance of 399.00 feet; THENCE South 23°00'33" West a distance of 225.00 feet; THENCE South l I°l5'27" East a distance of231.00 feet; THENCE South 33°28'27" East a distance of 230.00 feet; THENCE South 66°10'27" East a distance of 290.00 feet; THENCE South 79°13'27" East a distance of 202.00 feet; THENCE South 03°01'27" East a distance of 154.00 feet; THENCE South 27°56'33" West a distance of 316.00 feet; THENCE North 67051'27" West a distance of 242.00 feet; THENCE North 81037'27" West a distance of 489.00 feet; THENCE North 60°58'27" West a distance of 301.00 feet; THENCE North 66016'27" West a distance of 701.00 feet to the West line of said NW1/4 of said Section 16; THENCE North 00014'33" East along said West line a distance of 892.00 feet to the Northwest Corner of said Section 16; THENCE North 00°07'50" East along the West line of the Southwest Quarter of said Section 9 a distance of 1549.63 feet; THENCE North 89052'10" West a distance of 30.00 feet to the West Right -of -Way (ROW) of Ziegler Road; THENCE North 00007'50" East along said West ROW a distance of 1096.16 feet; THENCE North 89°59'50" East a distance of 63.00 feet; THENCE North 00°OO'l0" West a distance of 1395.55 feet; THENCE South 87°59'40" East a distance of 1009.43 feet; THENCE North 02°00'20" East a distance of 716.91 feet; THENCE South 87°59'40" East a distance of 1505.20 feet; THENCE South 00°00'42" West a distance of 2290.13 feet to the POINT OF BEGINNING. Said Parcel contains 280.262 acres more or less (f). Excepting from said Parcel: Tract B, Fossil Lake PUD Second Filing as recorded in Larimer County Records under Reception No. 2001056410, Northwest Quarter (NW 1 /4) of Section Nine (9), Township Six North (T.6N.), Range Sixty-eight West (R.68 W.) of the Sixth Principal Meridian (6th P.M.), County of Latimer, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter (N1 /4) Corner of said Section 9 and assuming the North line of said NW 1/4 to bear North 87°59'40" West with all bearings herein relative thereto: THENCE South 00°00'42" West along the East line of said NW 1/4 a distance of 2357.03 feet to a point on the South line of said Fossil Lake PUD Second Filing, THENCE North 88'05'14" West alone said line a distance of 975.48 feet; THENCE North 01 °54'47" East a distance of 27.22 feet to a point on the South line of said Tract B, said point being the POINT OF BEGINNING; THENCE along said Tract B the following eleven courses and distances: THENCE North 01 °54'47" East a distance of 82.85 feet; THENCE North 60°02'33" West a distance of 398.77 feet: THENCE North 29°57'27" East a distance of 342.00 feet; THENCE South 60°02'33" East a distance of 720.21 feet to a Point of Curvature (PC); THENCE along the Arc of a Curve which is concave to the North a distance of 58.92 feet, whose Radius is 638.50 feet, whose Delta is 05' 17' 14" and whose Long Chord bears South 62°41'10" East a distance of 58.90 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a Curve which is concave to the West a distance of 22.63 feet, whose Radius is 15.00 feet, whose Delta is 86°26'49" and whose Long Chord bears South 22°06'23" East a distance of 20.55 feet to a Point of Tangency (PT); THENCE South 21 OT01" West a distance of 79.42 feet to a PC; THENCE along the Arc of a Curve which is concave to the West a distance of 33.10 feet, whose Radius is 214.50 feet, whose Delta is 08°50'25" and whose Long Chord bears South 25'32' 14" West a distance of 33.06 feet to a PT; THENCE South 29°57'27" West a distance of 69.64 feet; THENCE North 88°04'58" West a distance of 56.21 feet; THENCE South 88°27'38" West a distance of 378.41 feet to the POINT OF BEGINNING. Said Exception Parcel contains 6.026 acres more or less (±). Net acreage of Annexation 3 is 274.236 acres more or less (±). be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Fossil Lake Annexation No. 3. Section 2. That, in annexing said 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 the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 4. That the Fossil Lake Annexation No. 3 shall be permitted to develop in accordance with (I) the Final Plat and Utility Plans for Fossil Lake P.U.D., First Filing and Fossil Lake P.U.D., Second Filing, as approved by Larimer County; (ii) the terms and conditions of the Subdivision Development Agreement recorded June 7, 1999 at Reception No. 99049838, the Subdivision Improvement Agreement recorded June 7, 1999 at Reception No. 99049839, and Addendum A to Subdivision Improvement Agreement and Development Loan Agreement recorded June 7, 1999 at Reception No. 99049840, all regarding Fossil Lake P.U.D., First Filing, and the Subdivision Development Agreement recorded June 11, 2001 at Reception No. 2001056411 regarding Fossil Lake P.U.D., Second Filing (the 'Development Agreements"); (iii) the extended period of vesting as agreed to in the Development Agreements; and (iv) the terms of the Petition for Fossil Lake Annexation No. 3, Section 5. Existing signage approved by Larimer County and located on property within the Fossil Lake Annexation No. 3 on the effective date of the annexation of such property to the City shall not be subject to the provisions of Section 3.8.7 of the City's Land Use Code (the "Sign Code") including, but not limited to, provisions for amortization of signs. The City Council hereby finds and determines that such exemption from the provisions of the Sign Code is not a detriment to the public good and is warranted based upon the following factors: (1) this annexation is a voluntary annexation consistent with the terms of the Intergovernmental Agreement for the Fort Collins Urban Growth Area, adopted on May 5, 1998 between the City and Latimer County; (2) the City reviewed and commented upon the development plans for the property included within the Fossil Lake Annexation No. 3 prior to approval by Larimer County of such plans and did not request that signage thereon comply with the Sign Code; (3) the existing signage was approved by Larimer County in contemplation of the annexation of the Fossil Lake Annexation No. 3 to the City and such signage has only recently been installed on the property; (4) the intention of Latimer County, the City and the petitioners in connection with the property included within the Fossil Lake Annexation No. 3 is that such property would be allowed to develop under the approved Latimer County plans therefor and not be subject to the City's Land Use Code requirements; and (5) the existing signage complies with the intent of the Sign Code to protect and enhance the aesthetics of the City and deviations from the Sign Code regulations are de minimis. Nothing herein shall be construed to exempt signage within the Fossil Lake Annexation No. 3 which does not exist on the effective date of the annexation from compliance with the Sign Code and such signage shall fully comply with the same. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2002. and to be presented for final passage on the 5th day of March. A.D. 2002. Mayor�/� ATTEST: ^.City Clerk Passed and adopted on final reading this 5th day of March, A.D. 2002. Mayor =- ATTEST: %U\'rk City Cleik