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HomeMy WebLinkAbout042 - 09/16/1965 - ANNEXING PROPERTY KNOWN AS THE FOURTH COLLEGE ANNEXATION i - r ORDINANCE NO 42 , 1965 BEING AN ORDINANCE ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE FOURTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF PURSUANT TO THE AUTHORITY CON- TAINED IN ARTICLE 10 CHAPTER 139, COLORADO REVISED STATUTES, 1953 WHEREAS, heretofore written petitions were presented to the Council of the City of Fort Collins in substantial compliance with the provisions of Article 10, Chapter 139, Colorado Revised Statutes, 1963 by the owners of more than fifty per cent (507) of the area and who comprise the majority of landowners residing in the area of land embraced in what is known as the Fourth College Annexation to the City of Fort Collins wherein and whereby said petitioners petitioned the City of Fort Collins for annexation of the territory embraced in what is known as the Fourth College Annexation to the City of Fort Collins, Colorado, comprising the lands shown in the plat thereof attached to said petitions and more particularly described as hereinafter set forth, and WHEREAS said petitions were accepted by the Council of the City of Fort Collins by resolution passed and adopted on July 15 1965, and WHEREAS, notice for hearing on the 26 " day of August 1965 on an ordinance approving the annexation of said territory and including the same within the limits and jurisdiction of the City of Fort Collins was duly published as provided by law and WHEREAS the Council of the City of Fort Collins has found that the petitions and the documents thereto attached meet the requirements of Article 10 Chapter 139 Colorado Revised Statutes 1963 and desires to annex all of the lands in the Fourth College Annexation to the City of Fort Collins except the below excepted portion thereof and WHEREAS no proceedings for an election to determine the question of annexation have been initiated by written counter-petition as provided by law and no objection to annexation has been made as to any of the property being annexed NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That all of the property described in the petition and plat of the Fourth College Annexation which is more particularly described as follows to-wit Beginning at the Nk corner of Section 23 Township 7 North Range 69 West of the 6 ° P M thence S 0 22 E along the West side of the NEk of said Section 2 646 7 feet to the center of the Section, thence N 89 40 W along the North line of the SWk of Section 23 Twp 7 N , R 69 W 2 653 7 feet to the West Quarter corner thence N 0 10 30 W along the West line of said Section, 2 646 7 feet to the NW Section corner thence N 89 28 W along the North line of the NEk of Section 22, Twp 7 N , R 69 W , 1 667 8 feet thence S 0 32 W 1 323 35 feet to a point on the North line of the S�, NE4 of said Section thence N 89 36 W along the North line of S� N� of Section 22, 2 292 25 feet to the NW corner SEk NWT Section 22 thence S 0 24 22 E along the West line SEk. NWk, of said Section 1 331 34 feet to the SW corner SEk NWk thence S 89 44 E along the South line A of Section 22 3 476 32 feet thence N 0 10 30 W 473 0 feet thence S 89 44 E 244 0 feet thence N 0 10 30 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 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 Ek corner thence S 0 26 E parallel and 30 0 feet West of said East line 1 324 68 feet thence N 89*53 30 W along the North line of the S� S� of Section 22 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, thence East long the South Section line 5 293 50 feet to the SE corner of said Section thence S 89 30 E along the South line of Section 23, 40575 47 feet to the east property line of the Colorado and Southern Railraod thence N 0 33 E 785 3 feet thence S 89 49 W 55 49 feet thence N 0 33 E 1 552 4 feet to a point on the North line of the S� Section 23 thence East 59 16 feet thence N 0 06 E 540 82 feet thence N 06 22 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 0 06 W 530 47 feet to a point on the North line of Section 23, thence West to a point 1 102 95 feet West of the NE corner Section 23 thence South 230 feet thence West 225 feet thence North 230 feet to the North line of Section 23 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 SWk of Section 23 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 66 33 E 88 72 feet, thence N 0 26 W 366 5 feet thence S 89 37 W 152 0 feet to a point on the West line of Section 23 thence S 0 26 E along the West section line 401 11 feet to the Point of Beginning be annexed and made a part of the City of Fort Collins and be included within the limits and jurisdiction thereof, excepting and excluding the following described portion thereof to-wit -2- Considering the North line of the Northeast Quarter (NEk) of Section 23, Township 7 North Range 69 West of the Eta P M as bearing due East and West and with all bearings herein relative thereto Beginning at a point which bears East 1779 35 feet from the North one-quarter corner of said Section 23 thence S 00 20 E 708 30 feet to the center of Spring Creek thence N 61*55 E 48 20 feet along the center line of said Spring Creek thence S 64 31 E 200 80 feet along the center line of Spring Creek thence S 13 07 E 97 28 feet to the intersection of the centerline of Spring Creek and the West line of the right of way of the Colorado and Southern Railroad, said point being 50 00 feet westerly from the centerline of the main track of said railroad thence N 1 03 E 376 90 feet along the West line of the right of way of said rail- road, thence N 00 22h W 489 30 feet along the West line of the right of way of said railroad to the North line of the NEk of said Section thence West 253 10 feet to the point of beginning containing 4 244 acres Section 2 That the City Engineer is hereby directed to amend the plat of the Fourth College Annexation so as to show the excluded portion thereof described above, and the City Clerk is hereby authorized and directed to prepare certified copies of this ordinance to each of which shall be attached a plat of said Fourth College Annexation to the City of Fort Collins Colorado, as amended by the City Engineer, and to file a copy thereof with the Clerk and Recorder of the County of Larimer, and another copy thereof in the office of the Clerk of the City of Fort Collins, together with certified copies of said petitionsand another copy thereof with the Secretary of State of the State of Colorado together with certified copies of said petitions Section 3 That said lands shall be included in the following zoning districts of the City of Fort Collins, Colorado a The following described portion, to-wit fd E.�y That portion of the S� of the 1 of Section 22, Township 7 North Range 69 West of the 6 ° P M which is within the property being annexed and which lies East of the boundary of the Larimer County No 2 Canal in a C Residential District b The following described portion, to-wit �r^^ IA ?l-- Commencing at a point which is N 89*30 W_Aalong the South line of Section 23, Township 7 North, Range 69 West of the 6te P M from the SE corner of said Section 23, thence N 0 33 E 785 3 feet, thence S 89*49 W 55 49 feet more or less to the right of way of the Colorado and Southern Rail- way Company thence Southerly along said right of way to the South line of said Section 23, thence Easterly along the South line of said Section 23 to the point of beginning -3- in an E Commercial District c The remainder of said lands except those owned by the State Board of Agriculture in an A Residential District d All lands owned by the State Board of Agriculture - unzoned Section 4 That as to any lands owned by the State Board of Agriculture the annexation does notin any way convey to the City of Fort Collins any right, title or interest in and to the same, nor does it convey any right to establish new streets or extend existing streets on or across said lands, nor does it convey to the City of Fort Collins any rights to require sale or transfer of title of irrigation water, 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 said lands so long as title thereto shall remain in the State Board of Agriculture, provided however that by this annexation, the City of Fort Collins does obtain jurisdiction on said lands in the following particulars, to-wit the City traffic ordinances the City ordinances relating to police enforcement of the traffic code, and the City ordinances relating to offenses against the person offenses against inhabitants and dwellings, offenses against public peace, offenses relating to morals and offenses relating to 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 said land provided however, the Colorado State University officials shall retain authority to impose on its students and employees any supplementary traffic regulations or restrictions and to impose such other penalties as are consistent with their status with respect to the University Section 5 That the lands owned by the State Board of Agriculture are more particularly described as follows The W� of the NEk and the W� of the SEk of the NE} of Section 23 Township 7 North Range 69 West of the 6b6 P M and that portion of the SEk of Section 23, Township 7 North Range 69 West of the 6 ' P M lying West of the railroad right of way consisting of 94 tillable acres, and the SWk of Section 23, Township 7 North, Range 69 West of the 61 P M except a parcel of land described as follows to-wit -4- v 1 a parcel of land in the SWk 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 00*23 East 366 50 feet, thence South 66 33 West 88 72 feet, and thence South 87 47 West 39 80 feet to the point of beginning, and which contains 1 112 acres, more or less and that portion of the SEk of Section 23, Township 7 North Range 69 West of the 6 ' P M lying West of the railroad right of way consisting of 94 tillable acres Section 6 That in accepting and approving the plat of the Fonrth College Annexation to the City of Fort Collins, the City of Fort Collins does not assume obligations respecting the construction of water mains, sewer lines, gas mains, electric light lines or other services or utilities with respect to service of said addition, except as may be required and provided by the owners of the property within the limits of said addition in compliance with the terms and provisions of Chapter 15, Code of Ordinances of the City of Fort Collins Colorado 1958, as amended, relating to local and public improvements Introduced, considered favorably on first reading, and ordered published this 26 ' day of August A D 1965, and to be presented for final passage on the 16 ' day of September A D 1965 Aayor ATTEST City Cle I k Passed and adopted on final reading this 161 day of September A D 1965 Mayor ATTEST t City Cle -5-