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Home My WebLink About183 - 01/06/1981 - ANNEXING THE FAIRWAY ESTATES BUSINESS ANNEXATION ORDINANCE No 181 1980 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of Fort Collins requesting the annexation of certain territory more particularly described below to the City, and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Section 31-12-107 of the Colorado Revised Statutes, 1973, as amended, and WHEREAS, the owners of 50/ of the property to be annexed have peti- tioned for said 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, none of the provisions of Section 31-12-105 of the Colorado Revised Statutes, 1973, as amended, are violated by the annexation of this territory to the City, and WHEREAS, no election is required under the provisions of Section 31-12-107(2) of the Colorado Revised Statutes, 1973, as amended, and no additional terms and conditions are to be imposed in connection with this annexation, and WHEREAS, the territory is eligible for annexation , and the City Council desires to annex the same to the City of Fort Collins NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 Statement of Annexation That all of the territory more particularly desciibeed as situate in the County of Larimer , State of Colorado, to-wit A tract of land located in the NW 1/4 of Section 1, T6N, R69W, of the 6th P M , of Larimer County, Colo- rado, being more particularly described as follows i Considering the North l ine of trre NW 1/4 of said Section 1 , as bearing N 89 52 ' 00" E and with all bearings contained herein relative thereto Commencing at the NW corner of said Section 1, thence, along the said North line N 890 52' 00" E, 1383 98 feet along the South line of the South College Properties Annexation, thence S 000 00' 00" W 199 49 feet to the Southeast Corner of Lot 2 in the Replat of part of Tract "B", Fairway Estates Third Filing, recorded with Larimer County, Clerk & Recorder, thence, N 900 00' 00" W, 130 71 feet along the south line of said Lot 2, thence, S 45° 00' 00" W, 102 98 feet to the Southwest Corner of said Lot 2, thence S 00° 00' 00" W, 270 00 feet along the east line of Lot 3 of said Replat of part of Tract "B", thence S 280 23 ' 30" E, 63 08 feet to the Southeast Corner of said Lot 3, thence, N 64° 10' 30" W, 245 35 feet to the Southwest Corner of said Lot 3, thence, N 56° 20' 00" W, 328 60 feet more or less, thence, S 360 05 ' 20" W, 97 48 feet to the Northwesterly Corner of Lot 26, Fairway Estates, recorded witn Larimer County, Clerk & Recorder, thence, N 82° 28' 00" W, 312 60 feet more or less to the east line of the most northerly tract of land in said Fairway Estates, said point also being the Northeast Corner of Mountain Bell Telephone Company Property, thence, S 00° 51 ' 00" W, 2287 74 feet to the Southeast Corner of the Replat of a part of Fairway Estates, recorded with Larimer County Clerk and Recorder, thence, N 890 44' 00" W, 351 61 feet to the SW corner of the NW 1/4 of said Section 1, thence, N 00" 47' 04" E, 2620 70 feet along the West Line of said NW 1/4, to the Point of Beginning The above tract contains 30 2 acres + up to 0 3 acres due to a 9 foot closing error The attached description and diagram were obtained by combining the Replat of a part of Tract "B", Fairway Estates Third Filing, the Fairway Estates, the Replat of a part of Fairway Estates, all recorded in Larimer County, Clerk and Recorders, Larimer County, and the existing description that describe the remainder of land in the Annexation There is a 9 foot + error in the attached description caused by the combination of said descriptions There has not been any field survey done to locate said 9 foot error -2- All annexation lines are intended to be contiguous be, and it hereoy is, annexed to the City of Fort Collins and made a part of said City, to be known as the Fairway Estates Business Annexation Section 2 Existing Commercial Structures - Connection to City Utilities A Intent A portion of the property included in the within annexation, is developed with commercial structures thereon These properties are currently being provided with electric service by Public Service Company, water service by a dis- trict, and sewer service by a district It is the intent of the Council of the City of Fort Collins that the following provisions of this Section 2 shall apply to commercial structures existing on the effective date of the within annexation and located on property included in the within annexation B Water Service The owners of existing commercial structures within the Fairway Estates Business Annexation are currently being provided water service by the Fort Collins-Loveland Water District It is not certain at this time whether the Fort Collins-Loveland Water District or the City of Fort Collins will ultimately be providing water service to the annexed area If the City of Fort Collins ultimately provides water service to the area, the following provisions shall be applicable upon disconnection from the District and connection to the City of Fort Collins water system (a) A parkland fee shall not be required (b) Property located within the boundaries of the Fort Collins-Loveland Water District and receiving water service frorn such district on the effective date of the within annexation shall be exempt from the require- ment to pay the City' s Water Plant Investment Fee and Water Tap Fee (c) Raw water rights shall not be required for such connec- tion and service (d) The property shall be subject to no► mal service rates and charges for water service on the same basis as all other in-City customers Owners of the property may elect either flat-rate or metered water service unless the -3- City requires that all City residents convert to a metered system (e) Nothing in this Section B shall be construes as reliev- ing a property owner from the obligation of satisfying all City charges and requirements relating to water service if the existing structure is re yodeled or an addition constructed thereto, in which evert no building permit shall be issuea until all code requirements have been satisfiea C Sewer Service (1) The owners of developed property within the Fairway Estates Business Annexation are currently being provided sewer service by the South Fort Collins Sanitation District The City of Fort Collins will not require that the owners of such structures connect to the City sewer system upon annexation of the property to the City (2) It is not certain, at this time, whether the South Fort Collins Sanitation District or the City of Fort Collins will ultimately be providing sewer service to the annexed area If the City of Fort Collins ultimately provides sewer service to the area, the following provisions shall be applicable upon disconnection from the District and connection to the City of Fort Collins sewer system (a) Property located within the boundaries of the South Fort Collins Sanitation District and receiving sewer service from such district on the effective date of the within annexation shall be exempt froia the requirement to pay the City' s Sewer Plant Investment Fee and Sewer Tap Fee (b) The property shall be subject to normal service rates and charges for sewer service on the same basis as all other in-City customers (e) Nothing in this Section C shall be construed as reliev- ing a property owner from the obligation of satisfying all City charges and requirements relating to sewer service if the existing structure is remodeled or an addition constructed thereto, in which event no building permit shall be issued until all code requirements have been satisfied -4- D Electric Service (1) Owners of existing structures within the annexed area are currently being provided with electric service by a service entity other thai the City of Fort Collins On the effective date of the within annexation, the City shall require all such owners to connect to the City electric system (2) Upon connection to the City electric system, such owners shall be exempt from the requirement to pay primary charge, secondary service charge, ana main feeder charge normally required at the time of such connection Such owners shall De subject to all other normal service rates and charges for electric service on the same basis as other in-City customers Section 3 Undeveloped Proderties - Connection to City Utilities A Intent A portion of the property included in the within annexation is undeveloped These properties are not provided with utility service by either special districts or the City of Fort Collins It is the intent of the Council of the City of Fort Collins that the following provisions of this Section 3 shall apply to the undeveloped property located in the within annexation B Water and Sewer Service It is not certain at this time whether the Fort Collins-Loveland Water District or the City of Fort Collins will ultimately provide water service to the annexed area and whether the City of Fort Collins or the South Fort Collins Sanitation District will ultimately provide sewer service to the annexed area If the City provides service to the undeveloped properties , any new development will be subject to all City fees and cooe re- quirements relating to the provision of water service C Electric Service On the effective date of the within annexation, a 1 new development will be required to take electrical service from the City of Fort Collins Section 4 That in annexing said territory to the City of Fort Collins, the City of Fort Collins 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 territory hereby annexed except as may be provided herein of by other ordinances of the City of Fort Collins -5- Section 5 Within ninety (90) days from the date this Ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordi- nances of the City Introduced, considered favoraoly on first reading, and ordered pub- lisned this 16th day of December_, A D 1980, and to be presented for final passage on the 6th_ oay of Janua_rY , 1981 Mayor ATTEST City Clerk Passed and adopted on second read ng this 6th day of January, A D 1981 Ma ATTEST k City Clerk < -6-