HomeMy WebLinkAbout005 - 04/12/1956 - ANNEXING PROPERTY KNOWN AS THE WESTERN SUBDIVISION ANNEXATION 1
ORDINANCE NO 5 , 1956
ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE
WESTERN SUBDIVISION TO THE CITY OF FORT COLLINS, COLORADO,
AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EM-
BRACED IN SAID PLAT TO THE CITY OF FORT COLLINS, THE SAME
TO BE MADE A PART OF THE CITY OF FORT COLLINS AND TO BE
INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF PUR-
SUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER
139, COLORADO REVISED STATUTES 1953
WHEREAS, heretofore written petitions have been presented to the Council
of the City of Fort Collins in substantial compliance with the provisions of
Article 11, Chapter 139, Colorado Revised Statutes 1953, by 126 persons purporting
to be the owners of 67 912 percent of the land embraced in what is known as the
Western Subdivision City of Fort Collins wherein and whereby saia petitioners
and applicants petitioned the City of Fort Collins for the annexation of all the
territory embraced in what is known as the Western Subdivision to the City of
Fort Collins, Colorado, cotyprising the lands shown in the plat thereof annexed
to said petitions and more particularly described as follows
A portion of the North 2 of Section 15, Township 7 North,
Range 69 West of the 6th P M , Larimer County, Colorado, and
considering the North line of said Section 15 as bearing due
East and with all bearings herein relative thereto, contained
within boundary lines beginning at a point on the South line
of Birch Street in the Alvin L Miller Subdivision, according
to the plat dated April 21, 1952 which point is 990 feet
South of the North line of said Section 15 and 1088 feet Tiest
of the East line of saki Section 15, and running thence West
232 00 feet, to the SW corner of said Alvin L Miller sub-
division on the centerline of City Park Avenue, which point
is also the SE corner of the Miller Brothers Second Subdivision
according to the plat datea August 31 1954 thence West 340 00
feet thence S 0 201 E 5 00 feet thence West 400 69 feet,
thence S 0 201 E 160 00 feet, thence West 579 31 feet, to the
SW corner of said Miller Brothers Second Subdivision, thence
West 19 98 feet, more or less, to the West line of the NE4 of
said Section 15, thence S 0 261 E 462 60 feet, along the West
line of the NE4 of said Section 15, to a point which is S 0 26,
E 1617 60 feet from the NW corner of the NE4 of said Section
15, thence West 1329 58 feet, more or less, to the Nest line
of the E2 of the NW4 of said Section 15, thence N 0 291 W 22 70
feet, along the 4Test line of the E2 of the NW4 of said Section
15, thence West 666 52 feet, thence North 198 00 feet, thence
West 664 93 feet, more or less, to a point on the West line of
the hW4 of said Section 15, which point is S 0 321 E 1396 90
feet from the NW corner of said Section 15, thence N 0 321 W
1396 90 feet, to the NW corner of said Section 15, thence
East 2386 52 feet, along the North line of said Section 15,
to the Northeasterly line of the County Road right-of-way, as
described in a quit claim deed, dated April 29, 1948, and re-
corded in Larimer County records in Book 852 on page 182,
thence S 58 041 E 417 36 feet, along the Northeasterly line
of said County Road, thence S 89 431 E 247 06 feet, along the
Northern line of said County Road, thence N 64 141 E 117 80
feet more or less, along the Northwesterly line of said
County Roan, to a point which is due North of the NE corner
of Lot 9 in the Slade Acres Subdivision, according to the plat
dated May 1, 1948, thence South 324 24 feet, more or less, to
the SE corner of Lot 9 in saia Slade Acres Subdivision, thence
West 288 96 feet, more or less, to the NW corner of Lot 14 in
the Miller Brothers Subdivision, according to the plat dated
May 5 1954, which subdivision is now a part of the City of
Fort Collins Colorado, thence S 57 531 E 87 05 ieet, thence
s 51 531 E 127 70 feet, thence S 49 051 E 190 70 feet, to the
SW corner of Lot 13 in said Miller Brothers Subdivision, thence
East 683 76 feet, to the SE corner of Lot 4 in said Miller
Brothers Subdivision, thence N 0 231 W 250 00 feet, to the NE
corner of Lot 1 in said Miller Brothers Subdivision, thence
East 10 57 feet, thence S 0 201 E 330 00 feet, thence East 423 00
feet, and thence S 0 201 E 165 00 feet, to the point of beginning
AND, WHEREAS, in the said applications and petitions the applicants for
themselves and their grantees covenanted and agreed to and with the City of Fort
Collins that upon the acceptance of said applications, it is expressly agreed and
understood that the applicants and their grantees expressly covenant and agree
that they will be bound by and will observe and obey the ordinances in effect at
the time of the acceptance of said annexation of the subdivision respecting the
installation and payment for local public improvements, and
WHEREAS, said petitions were accepted by the Council of the City of Fort
Collins by resolution passed and adopted on the 9th day of February A D 1956 and
WHEREAS, notice for hearing on the 22nd day of March, A D 1956, on an
ordinance approving the annexation of the above described 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 peti-
tions and the documents attached thereto meet the requirements of Article 11,
Chapter 139 Colorado Revised Statutes 1953, and
WHEREAS, a written counter-petition has been filed with the Clerk of the
City of Fort Collins executed by persons who would have been qualified to sign
the petition for annexation in a number of not less than two-thirds of the number
of signatures on that petition, which said counter-petition is in substantial
compliance with the provisions of Colorado Revised Statutes 1953, 139-11-3 and
139-11-4
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That after due consideration of the petitions for annexation
that the petitions for the annexation of all the territory embraced in what is
known and described as the Western Subdivision to the City of Fort Collins,
Colorado, as shown by the plat thereof annexed to said petitions, be accepted and
approved and that the said territory be annexed and made a part of the City of
Fort Collins and be included within the limits and jurisdiction thereof, subject
to decree of the County Court of Larimer County, Colorado as hereinafter provided
Section 2 That in accepting and approving the plat of the Western Sub-
division to the City of Fort Collins, the City of Fort Collins does not assume any
obligations respecting the construction of water mains, sewer lines, gas mains,
electric light lines or other services or utilities with respect to the service of
said subdivision except as may be required and provided by the owners of property
within the limits of said subdivision at their own expense and except as may be
initiated by the owners of property within the limits of said subdivision in com-
pliance with the terms and provisions of Ordinance No 7, 1921, relating to local
public improvements as amended
Section 3 That pursuant to the provisions of Colorado Revised Statutes
19533 139-11-4, the City Attorney shall petition the County Court of Lari.mer County,
Colorado, for a decree annexing the above described territory to the City of Fort
Collins, Colorado
Introduced, considered favorably on first reading and ordered published
this 22nd day of March, A D 1956, and to be presented for final passage on
April 12, A D 1956
Mayor
ATTEST
�-�y C1er
^naed on final reading this 12th day of April, A D 1956
Mayor
ATTEST
City Cierk