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HomeMy WebLinkAbout022 - 02/21/1984 - CALLING A SPECIAL MUNICIPAL ELECTION ON MAY 1, 1984, AND REFERRING AN ANNEXATION AND ZONING ORDINANC ORDINANCE NO. 22 , 1984 OF THE COUNCIL OF THE C=OF FORT COLLINS BEING AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION ON MAY 1, 1984, AND REFERRING AN ANNEXATION AND ZONING ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY WHEREAS, under Section 8, Article XVII of the Charter of the City of Fort Collins, the Council of the City of Fort Collins has the power to refer an adopted ordinance to a vote of the people at a special election called therefor; and WHEREAS, the City Council has adopted Ordinance No. 21 1984, which ordinance annexes and zones property known as the Allen-Lind-Moore Annexa- tion to the City of Fort Collins; and WHEREAS, in the considered opinion of the City Council said adopted ordinance should be herewith referred to a vote of the people of the City of Fort Collins; and WHEREAS, the Council of the City of Fort Collins wishes to call a special City election and refer said annexation and zoning ordinance to a vote of the qualified electors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That a special municipal election in the City of Fort Collins is hereby called for Tuesday, the 1st day of May, 1984. Section 2. That there is hereby submitted to the qualified voters of the City of Fort Collins at said special election the question of whether or not the following proposed annexation and zoning ordinance should be adopted: ORDINANCE N0. pp�� 1984 OF THE COUNCIL OF THE CITY-OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE ALLEN-LIND-MOORE ANNEXATION TO THE CITY OF FORT COLLINS (A PORTION OF WHICH IS UNDER CONTRACT OF PURCHASE BY ANHEUSER- BUSCH, INC. FOR USE AS A BREWERY FACILITY) AND AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE ALIEN-LIND-MOORE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Article II, Section 30 of the Constitution of the State of Colorado requires that one of the following conditions be met before an unincorporated area can be annexed to a municipality: 1. The question of annexation be submitted to a vote of the landowners and registered electors of the area to be annexed and the majority of such persons voting, vote in favor of annexation; or 2. The annexing municipality receive a petition for annexation signed by more than 50% of the landowners in the area who own more than 50% of the land; or 3. The area to be annexed be entirely surrounded by or be solely owned by the annexing municipality; and WHEREAS, 100% of the owners in the Allen-Lind-Moore Annexation area have signed a petition for annexation; and WHEREAS, not less than one-sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins; and the territory to be annexed is urban or will be urbanized in the near future; and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, no election is required and no additional terms and condi- tions are to be imposed in connection with this annexation; and WHEREAS, the Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the annexa- tion laws of the State of Colorado and that the territory is eligible for annexation, and the City Council desires to annex the same to the City of Fort Collins; and WHEREAS, the Council has determined that the property to be annexed shall be zoned I-P, Industrial Park District, to be developed as a Planned Unit Development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the property described in Exhibit "A", attached hereto and incorporated herein by this reference is annexed to the City of Fort Collins and made a part of said City, to be known as the Allen-Lind- Moore Annexation. Section 2. That in annexing said territory to the City of Fort Col- lins, the City of Fort Collins does not assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. -2- Section 3. That the Zoning District Map adopted by Chapter 118 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Allen-Lind-Moore Annexation to the City of Fort Collins, in the I-P, Industrial Park District. Section 4. That the zoning granted herein is expressly conditioned upon keeping the present use until the land is developed. Section 5. That the zoning granted herein is expressly conditioned upon the property being developed only as a Planned Unit Development. Section 6. That the City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with the Ordinance." Section 3. That Ordinance No. 21 , 1984 of the Council of the City of Fort Collins is hereby submitted to the qualified electors of the City of Fort Collins at the Special Election to be held in the several precincts of the City on Tuesday, May 1, 1984, in substantially the following form: REFERRED ORDINANCE ORDINANCE 21 , 1984 OF THE COUNCIL OF THE CITY OF FORT COLLINS, ADOPTED ON FEBRUARY 21, 1984, ANNEXING AND ZONING PROPERTY KNOWN AS THE ALLEN-LIND-MOORE ANNEXATION (A PORTION OF WHICH IS UNDER CONTRACT OF PURCHASE BY ANHEUSER-BUSCH, INC. FOR USE AS A BREWERY FACILITY) For the Ordinance Against the Ordinance Section 4. That at such special election, there shall be submitted any additional matters, including proposed ordinances or resolutions, which the Council may refer or submit to the qualified electors of the City. Introduced, considered favorably on first reading, and ordered pub- lished this 7th day of February, A. D. 1984, and to be presented for final passage on the 21st day of February, A. D. 1984. lam, gr• ,�- Myr AT\�T,ESTn:, City Clerk -3- Passed and adopted on final reading this 21st day of February, A.D. 1984. a ors ATTEST: tyCerc -4- EXHIBIT A The Allen-Lind-Moore Annexation is described as follows: A tract of land situate in the County of Larimer, State of Colorado to-wit: A portion of the North One-half of Section 4, Township 7 North, Range 68 West of the 6th P.M. ; AND the East One-half of Section 32 and a portion of Section 33 , all in Township 8 North, Range 68 West of the 6th P.M. which considering the South line of the East 1/2 of said Section 32 as bearing 89°57'46" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the South 1/4 corner of said Section 32 and run thence N 00°33'14" W 5290.09 feet along the West line of said East 1/2 to the North 1/4 corner of said Section 32; thence S 89°43'08" E 2637.69 feet along the North line of said East 1/2 to the Northwest corner of said Section 33; thence S 89°53'24" E 4432.26 feet along the North line of said Section 33 to a point on the Westerly right-of-way line of the Colorado State Highway Department; thence along said Westerly right-of-way line on the following courses and distances: S 00006'36" W 30.00 feet, and again S 85000' E 593.60 feet, and again S 00*33' E 2564.90 feet, and again S 00021 ' E 2529 . 10 feet, and again S 84056' W 769.30 feet, and again S 00*09' W 60.00 feet, and again S 84038' E 769.70 feet, and again S 00026' W 1948.98 feet to a point on the Northerly right-of-way line of the Larimer and Weld Canal ; thence along said Northerly right-of- way line on the following courses and distances: N 88025'45" W 92.96 feet, and again S 86°34' 15" W 1900.00 feet, and again S 68034'15" W 100.00 feet, and again S 55054'15" W 200.00 feet, and again S 36054' 15" W 200.00 feet; thence S 89034' 15" W 15.00 feet to a point on the North-South Center line of said Section 4; thence S 00003 ' 25" W 140 .00 feet to the Center 1/4 corner of said Section 4; thence N 89015'23" W 2627 .54 feet to the West 1/4 corner of said Section 4; thence N 00020'02" E 2580.04 feet to the Southwest corner of said Section 33; thence N 89057'46" W 2639.51 feet along the South line of the East 1/2 of said Section 32 to the point of beginning, EXCEPT that tract of land described and recorded in Book 1336 at page 298 in the records of the Clerk and Recorder of Larimer County, more particularly described as follows: Begin at a point on the East right-of-way line of County Road No. 9, which point bears S 00035'40" E 823.13 feet, and again N 89024'20" E. 30.00 feet from the Northwest corner of said Section 33 and run thence S 35000140" E 64.22 feet; thence S 29°56'40" E 114.42 feet; thence S 14022'40" E 95.50 feet; thence S 02°34'40" E 16 .92 feet; thence S 89024'20" W 115 .72 feet to a point on the East right-of-way line of County Road No. 9; thence N 00°35'40" W 262.37 feet to the point of beginning. The above described annexation contains 1197 .74 acres, more or less.