HomeMy WebLinkAbout2022-021-01/18/2022-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF THPARCEL #1
SPRINGER-FISHER ANNEXATION NO. 1
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16,
MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”;
THENCE NORTH 00°13'30" EAST FOR 37.00 FEET ON THE EAST LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE
STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT
AT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF
BEGINNING;
THENCE N89°12'17"W, A DISTANCE OF 640.46 FEET ON SAID NORTH RIGHT OF WAY LINE TO
THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER
COUNTY CLERK AND RECORDERS OFFICE;
THENCE ON SAID EAST LINE FOR THE FOLLOWING 6 COURSES;
1.THENCE N13°44'09"W, A DISTANCE OF 211.80 FEET;
2.THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET;
3.THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET;
4.THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET;
5.THENCE N43°21'09"W, A DISTANCE OF 362.79 FEET;
6.THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9;
THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON SAID WEST LINE TO THE SOUTH 1/16 TH
CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2 -1/2”
ALUMINUM CAP STAMPED “LS 7839, 2000”;
THENCE N00°17'04"E, A DISTANCE OF 1323.84 FEET ON THE WEST LINE OF NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST QUARTER OF SAID
SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995,
2016”;
THENCE S88°56'09"E, A DISTANCE OF 1323.29 FE ET ON THE NORTH LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER-WEST 1/16TH CORNER THEREOF
MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”;
THENCE S00°13'30"W, A DISTANCE OF 2604.35 FEET ON THE EAS T LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE POINT OF BEGINNING.
PARCEL CONTAINS 3,107,842 SQUARE FEET OR 71.346 ACRES
EXHIBIT A
PARCEL #2
SPRINGER-FISHER ANNEXATION NO. 2
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WITH NO. 6
REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”;
THENCE N00°17'21"E, A DISTANCE OF 37.00 FEET ON THE WEST LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE
COLORADO STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY
DEPARTMENT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT
OF BEGINNING;
THENCE N00°17'21"E, A DISTANCE OF 728.91 FEET ON THE WEST LINE OF THAT PARCEL
RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER COUNTY CLERK AND RECORDERS
OFFICE;
THENCE ON THE SOUTHWEST LINE OF THE AFORE REFERENCED BOOK 2300, PAGE 1701 FOR
THE FOLLOWING 4 COURSES;
7. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET;
8. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET;
9. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET;
10. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL
RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS
OFFICE;
THENCE S00°40'52"W, A DISTANCE OF 317.61 FEET ON SAID WEST LINE TO THE NORTH RIGHT
OF WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 14;
THENCE N89°12'17"W, A DISTANCE OF 459.01 FEET ON SAID NORTH RIGHT OF WAY LINE TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 237,828 SQUARE FEET OR 5.460 ACRES
EXHIBIT A
PARCEL #3
GIL BOYER ANNEXATION
A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of
the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows:
Basis of bearings: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the
6th Principal Meridian, assumed to bear N00°37'22"E.
Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M.,
Thence along the east line of the northeast quarter of said Section 9, N 00°37'22"E a distance of 520.78 feet;
Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way
of North Taft Hill Road, said point being the Point of Beginning;
Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation;
Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet;
Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00
feet to the aforesaid easterly right of way line;
Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning;
Containing a calculated area of 0.225 acres, more or less.
EXHIBIT A
PARCEL #4
NORTHEAST FRONTAGE ROAD ANNEXATION
PROPERTY DESCRIPTION
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7
NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE
POINT OF BEGINNING;
THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS
INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE
RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES:
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A
DISTANCE OF 194.78 FEET;
THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET;
THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET;
THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET;
THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE;
THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF
333.39 FEET;
THENCE N71°13'36”W, A DISTANCE OF 142.46 FEET;
THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET;
THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A
CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHORD BEARS N57°23'41"W, A DISTANCE OF 105.47
FEET;
THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET;
THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET;
THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET;
THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET;
THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET;
THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET;
THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE;
THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF
334.43 FEET;
THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET;
THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET;
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26
FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF
405.63 FEET;
THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET;
THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET;
THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS
EXHIBIT A
Page 4 of 7
PARCEL #1
SPRINGER-FISHER ANNEXATION NO. 1
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST 1/16TH CORNER, COMMON TO SECTION 9 AND 16,
MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”;
THENCE NORTH 00°13'30" EAST FOR 37.00 FEET ON T HE EAST LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE
STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY DEPARTMENT
AT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT OF
BEGINNING;
THENCE N89°12'17"W, A DISTANCE OF 640.46 FEET ON SAID NORTH RIGHT OF WAY LINE TO
THE EAST LINE OF THAT PARCEL RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIMER
COUNTY CLERK AND RECORDERS OFFICE;
THENCE ON SAID EAST LINE FOR THE FOLLOWING 6 COURSES;
1. THENCE N13°44'09"W, A DISTANCE OF 211.80 FEET;
2. THENCE N15°22'09"W, A DISTANCE OF 112.04 FEET;
3. THENCE N57°53'09"W, A DISTANCE OF 181.02 FEET;
4. THENCE N49°41'09"W, A DISTANCE OF 146.77 FEET;
5. THENCE N43°21'09"W, A DISTANCE OF 362.79 FEET;
6. THENCE N60°03'09"W, A DISTANCE OF 100.57 FEET TO THE WEST LINE OF SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9;
THENCE N00°17'21"E, A DISTANCE OF 477.22 FEET ON SAID WEST LINE TO THE SOUTH 1/16 TH
CORNER COMMON TO SECTION 9 AND 8 MONUMENTED WITH NO. 6 REBAR WITH 2 -1/2”
ALUMINUM CAP STAMPED “LS 7839, 2000”;
THENCE N00°17'04"E, A DISTANCE OF 1323.84 FEET ON THE WEST LINE OF NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9 TO THE WEST QUARTER OF SAID
SECTION 9 MONUMENTED WITH NO. 6 REBAR WITH 3-1/4” ALUMINUM CAP STAMPED “LS 34995,
2016”;
THENCE S88°56'09"E, A DISTANCE OF 1323.29 FEET ON THE NORTH LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE CENTER-WEST 1/16TH CORNER THEREOF
MONUMENTED WITH NO. 6 REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “PLS 23503, 2007”;
THENCE S00°13'30"W, A DISTANCE OF 2604.35 FEET ON THE EAST LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE POINT OF BEGINNING.
PARCEL CONTAINS 3,107,842 SQUARE FEET OR 71.346 ACRES
EXHIBIT B
Page 5 of 7
PARCEL #2
SPRINGER-FISHER ANNEXATION NO. 2
PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 9, MONUMENTED WIT H NO. 6
REBAR WITH 2-1/2” ALUMINUM CAP STAMPED “LS 34174, 2015”;
THENCE N00°17'21"E, A DISTANCE OF 37.00 FEET ON THE WEST LINE OF SAID WEST HALF OF
THE SOUTHWEST QUARTER OF SECTION 9 TO THE NORTH RIGHT OF WAY LINE OF THE
COLORADO STATE HIGHWAY NO. 14 AS RECORDED IN THE COLORADO STATE HIGHWAY
DEPARTMENT FEDERAL AID PROJECT NO. F 44 (8) STATE HIGHWAY NO. 14 AND THE POINT
OF BEGINNING;
THENCE N00°17'21"E, A DISTANCE OF 728.91 FEET ON THE WEST LINE OF THAT PARCEL
RECORDED AT BOOK 2300, PAGE 1701 IN THE LARIME R COUNTY CLERK AND RECORDERS
OFFICE;
THENCE ON THE SOUTHWEST LINE OF THE AFORE REFERENCED BOOK 2300, PAGE 1701 FOR
THE FOLLOWING 4 COURSES;
7. THENCE S60°03'09"E, A DISTANCE OF 50.43 FEET;
8. THENCE S43°21'09"E, A DISTANCE OF 356.39 FEET;
9. THENCE S49°41'09"E, A DISTANCE OF 155.67 FEET;
10. THENCE S57°53'09"E, A DISTANCE OF 61.41 FEET TO THE WEST LINE OF A PARCEL
RECORDED AT BOOK 1290, PAGE 520 IN THE LARIMER COUNTY CLERK AND RECORDERS
OFFICE;
THENCE S00°40'52"W, A DISTANCE OF 317.61 FEET ON SAID WEST LINE TO THE NORTH RIGHT
OF WAY LINE OF SAID COLORADO STATE HIGHWAY NO. 14;
THENCE N89°12'17"W, A DISTANCE OF 459.01 FEET ON SAID NORTH RIGHT OF WAY LINE TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 237,828 SQUARE FEET OR 5.460 ACRES
EXHIBIT B
Page 6 of 7
PARCEL #3
GIL BOYER ANNEXATION
A portion of the southeast quarter of the northeast quarter of Section 9, Township 7 North, Range 69 West of
the 6th Principal Meridian, County of Claimer, State of Colorado, being described as follows:
Basis of bearings: The east line of the northeast quarter of Section 9, Township 7 North, Range 69 West of the
6th Principal Meridian, assumed to bear N00°37'22"E.
Commencing at the east quarter corner of Section 9, Township 7 North, Range 69 West of the 6th P.M.,
Thence along the east line of the northeast quarter of said Section 9, N00°37'22"E a distance of 520.78 feet;
Thence departing said section line, N89°11'08"W a distance of 40.00 feet, to a point on the easterly right of way
of North Taft Hill Road, said point being the Point of Beginning ;
Thence N89°11'08"W a distance of 140.00 feet to the east line of Sanctuary on the Green Annexation;
Thence N00°37'22"E, along the east line of said Sanctuary on the Green Annexation, a distance of 70.00 feet;
Thence S89°11'08"E, along the south line of said Sanctuary on the Green Annexation, a distance of 140.00
feet to the aforesaid easterly right of way line;
Thence S00°37'22"E a distance of 70.00 feet along said easterly right of way line to the Point of Beginning;
Containing a calculated area of 0.225 acres, more or less.
EXHIBIT B
Page 7 of 7
PARCEL #4
NORTHEAST FRONTAGE ROAD ANNEXATION
PROPERTY DESCRIPTION
A TRACT OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 7
NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE N89º57'48“W
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 1250.51 FEET TO THE
POINT OF BEGINNING;
THENCE ALONG THE EXCEPTED TRACT OF LAND SHOWN ON THE "GALATIA ANNEXATION" AS
INTERSTATE FRONTAGE ROAD AND ALSO BEING DESCRIBED AT RECEPTION NO. 88059158 OF THE
RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER (LCCR) THE FOLLOWING COURSES:
THENCE CONTINUING N89°57'48"W ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER, A
DISTANCE OF 194.78 FEET;
THENCE N00°02'12"E, A DISTANCE OF 30.00 FEET;
THENCE N89°57'48"W, A DISTANCE OF 85.22 FEET;
THENCE N43°50'15"E, A DISTANCE OF 138.55 FEET;
THENCE N03°22'20"W, A DISTANCE OF 73.50 FEET TO A POINT OF CURVATURE;
THENCE 345.90 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°40'15”, AND WHOSE CHORD BEARS N37°17'58”W, A DISTANCE OF
333.39 FEET;
THENCE N71°13'36”W, A DISTANCE OF 142.4 6 FEET;
THENCE N74°38'09”W, A DISTANCE OF 494.43 FEET;
THENCE N71°03'19”W, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 105.71 FEET ALONG THE ARC OF A CURVE TO RIGHT, HAVING A RADIUS OF 449.26 FEET, A
CENTRAL ANGLE OF 13°28'55”, AND WHOSE CHOR D BEARS N57°23'41"W, A DISTANCE OF 105.47
FEET;
THENCE S78°39'00"W, A DISTANCE OF 63.21 FEET;
THENCE S11°21'00"E, A DISTANCE OF 200.00 FEET;
THENCE N26°21'00"W, A DISTANCE OF 100.00 FEET;
THENCE N09°09'00"W, A DISTANCE OF 202.70 FEET;
THENCE N00°13'00"E, A DISTANCE OF 573.50 FEET;
THENCE S54°51'00"E, A DISTANCE OF 24.37 FEET;
THENCE S00°13'00"W, A DISTANCE OF 359.17 FEET TO A POINT OF CURVATURE;
THENCE 347.06 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 369.26
FEET, A CENTRAL ANGLE OF 53°51'07", AND WHOSE CHORD BEARS S37°12'34"E, A DISTANCE OF
334.43 FEET;
THENCE S71°13'36”E, A DISTANCE OF 142.46 FEET;
THENCE S74°38'09”E, A DISTANCE OF 494.43 FEET;
THENCE S71°03'19”E, A DISTANCE OF 157.09 FEET TO A POINT OF CURVATURE;
THENCE 420.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 449.26
FEET, A CENTRAL ANGLE OF 53°40'21", AND WHOSE CHORD BEARS S37°17'52"E, A DISTANCE OF
405.63 FEET;
THENCE S03°32'38”E, A DISTANCE OF 88.12 FEET;
THENCE S46°10'16"E, A DISTANCE OF 144.50 FEET;
THENCE S00°02'12"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 174,693 SQUARE FEET, 4.01 ACRES MORE OR LESS
EXHIBIT B
Page 1 of 7
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT, is made and entered into on _____________, by and between the
CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation (the “City”), and
the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory district within the
State of Colorado (the “District”);
WHEREAS, the City has recently filed pursuant to Secti on 32-1-502(1)(a), C.R.S., a
Petition with the District Court in and for Larimer County, Colorado for an Order excluding certain
properties from the territory of the District, which properties are shown on Exhibit “A” (the
“Properties”) hereto attached, the contents of which are incorporated by reference herein; and
WHEREAS, said Petition is premised upon the prior annexation and inclusion of the
Properties within the municipal boundaries of the City; and
WHEREAS, it is the mutual desire of the City and the District to set forth their
understanding and agreement with regard to the continuation of fire protection services to the
Properties, as well as remaining properties within the boundaries of the District and Poudre Fire
Authority, as defined below.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and obligations
herein contained, the parties agree:
1.From and after the effective date of any Order of Exclusion issued by the District
Court in response to the City’s Petition, filed pursuant to Section 32-1-502(1)(a), which effective
date is anticipated to be January 1, 2023, the City will continue to assume full and complete
responsibility for fire protection services to the Properties. Such fire protection services shall be
provided by Poudre Fire Authority (“PFA”) pursuant to that certain Amended and Restated
Intergovernmental Agreement effective July 15, 2014, by and between the City and the District.
2.From and after the effective date of the Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District shall have no further liability or
responsibility with regard to the provision of fire protection services for the Properties or any
improvements thereon, other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire services.
3.From and after the effective date of any Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District agrees that the Properties shall be free
from taxation by the District, other than mill levies assessed for purposes of paying outstanding
bonded indebtedness and interest thereon, owed by the District effective immediately prior to the
effective date of such Exclusion Order. Exclusion of the Properties from the District and entry of
an Exclusion Order by the District Court shall not affect any claim the District may have or the
EXHIBIT B
Page 2 of 7
District's ability to make such claim for taxes which were certified by the District prior to the
effective date of the Exclusion Order.
4. The District will retain ownership of all equipment and facilities now owned by the
District, including such facilities as may be located within the Properties, if any.
5. The District will, through its agreement with PFA, continue to provide fire
protection services to those properties located within the boundaries of the District, as modified
by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the District
Court.
6. In the event that any bonded indebtedness exists as of the effective date of the
anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a
proportional mill levy against the Properties, together with other properties within the boundaries
of the District, sufficient to repay the principal and accrued interest on any such bonded
indebtedness in accordance with the terms and provisions of the instruments pursuant to which
said obligations have been created and incurred.
7. Nothing within this Agreement shall modify or terminate any obligations of the
City or the District with respect to existing obligations under the intergovernmental agreement
forming the PFA, including any future amendments or modifications thereto as the parties may
hereafter agree.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first
above written.
CITY OF FORT COLLINS, COLORADO,
ATTEST: a municipal home-rule corporation
______________________ ____________________________
____________, City Clerk Kelly DiMartino, Interim City Manager
Approved as to form:
________________________
Adam Stephens, Assistant City Attorney
EXHIBIT B
Page 3 of 7
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
__________________________________
By: ________________
Chairman, Board of Directors
Approved as to form:
__________________________________
By: Robert G. Cole
Attorney for Poudre Valley Fire Protection
District
EXHIBIT B