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HomeMy WebLinkAbout2023-021-02/21/2023-FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE THOMPSON THRIFT SPAULDIRESOLUTION 2023-021 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE THOMPSON THRIFT SPAULDING ADDITION ANNEXATION WHEREAS,a written petition,together with four prints of an annexation map,have been filed with the City Clerk requesting the annexation of certain property to be known as the Thompson Thrift Spaulding Addition Annexation,as more particularly described below;and WHEREAS,the City Council desires to initiate annexation proceedings for the Thompson Thrift Spaulding Addition Annexation in accordance with the Municipal Annexation Act, Colorado Revised Statutes (“C.R.S.”)Section 31-12-101,et seq. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That the City Council hereby accepts the annexation petition for the Thompson Thrift Spaulding Addition Annexation,located off Terry Lake Road/Highway 1 on Spaulding Lane,closest to the Spaulding Lane and Valley View Lane intersection and more particularly described as situate in the County of Larimer,State of Colorado,to wit: A parcel of land situate in the Southwest Quarter of Section Thirty-six (36),Township Eight North (T.8N.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.)being more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 8 NORTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE WEST 150 FEET;THENCE SOUTH 959 FEET MORE OR LESS,TO THE NORTH LINE OF RIGHT OF WAY OF THE LARIMER AND WELD RESERVOIR COMPANY CANAL;THENCE EASTERLY ALONG SAID RIGHT OF WAY TO A POINT DUE SOUTH OF THE POINT OF BEGINNING;THENCE NORTH 975 FEET, MORE OR LESS TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO LARIMER COUNTY IN DEED RECORDED JULY 29,1986 UNDER RECEPTION NO.86040958,COUNTY OF LARIMER,STATE OF COLORADO. Being more particularly described as follows: A parcel of land being a part of the Southeast Quarter of the Southwest Quarter of Section 36,Township 8 North Range 69 West of the 6°’P.M.,City of Fort Collins,County of Larimer,State of Colorado,being more particularly described as follows: Considering the South line of the Southeast Quarter of the Southwest Quarter of said Section 36,as bearing North 89 17’Sl”West,an assumed bearing,and with all bearing contained herein relative thereto: Commencing at the Southwest corner of Willox Heights Annexation to the City of Fort Collins; THENCE along the West line of said Willox Annexation North 00 39’21”East a distance of 174.71 feet to the POINT OF BEGINNING; THENCE departing said line,North 51 19’10”West a distance of 56.19 feet; THENCE North 76 29’10”West a distance of 108.46 feet; THENCE North 00 39’2 1”East a distance of 1072.10 feet to a point on the South right of-way line of Spaulding Lane,said line also being the South line of Sherman-Lawler First Annexation to the City of Fort Collins; THENCE along said South line South 84 52’02”East a distance of 150.46 feet to a point on the West line of said Willox Heights Annexation; THENCE along said line West line South 00 39’2 I”West a distance of 1119.10 feet to the POINT OF BEGINNING. Said described track of land contains 163,045 square feet or 3.743 acres,more or less and may be subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Section 3.That the City Council hereby finds and determines that the annexation petition for the Thompson Thrift Spaulding Addition Annexation is in substantial compliance with the Municipal Annexation Act in that the annexation petition contains the following: (1)An allegation that it is desirable and necessary that such area be annexed to the municipality; (2)An allegation that the requirements of C.R.S.Sections 3112 104 and 31-12-105 exist or have been met; (3)An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (4)The signatures of such landowners; (5)A request that the annexing municipality approve the annexation of the area proposed to be annexed; (6)The mailing address of each such signer; (7)The legal description of the land owned by such signer; (8)The date of signing of each signature;and (9)The affidavit of the circulator of such petition that each signature therein is the signature of the person whose name it purports to be. Section 4.That the City Council hereby finds and determines that the annexation map, four copies total,accompanying the annexation petition for the Thompson Thrift Spaulding Addition Annexation is in substantial compliance with the Municipal Annexation Act in that the map contains the following: (1)A written legal description of the boundaries of the area proposed to be annexed; (2)A map showing the boundary of the area proposed to be annexed; (3)Within the annexation boundary map,a showing of the location of each ownership tract in unplatted land and,if part or all of the area is platted,the boundaries and the plat numbers of plots or of lots and blocks;and (4)Next to the boundary of the area proposed to be annexed,a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. Section 5.That the Notice attached hereto as Exhibit “A”is hereby adopted as a part of this Resolution.Said Notice establishes the date,time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above-described property.The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a ~ting of the Council of the City of Fort Collins this 21st day of February,2023.4 // ATtEST: City Clerk EXHIBIT A NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has initiated annexation proceedings for the Thompson Thrift Spaulding Addition Annexation,consisting of approximately 3.743 acres and generally located off Terry Lake Road Highway I on Spaulding Lane,closest to the Spaulding Lane and Valley View Lane intersection,and said Annexation being more particularly described in Resolution 2023-02 1,a copy of which is available from the City Clerk’s Office.The area to be annexed will be concurrently reviewed for zoning to the Low Density Mixed use (“L-M-N”)zone district.The area to be annexed is more particularly described as: A parcel of land situate in the Southwest Quarter of Section Thirty-six (36),Township Eight North (T.8N.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian (6th P.M.)being more particularly described as follows: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 8 NORTH RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE WEST 150 FEET;THENCE SOUTH 959 FEET MORE OR LESS,TO THE NORTH LINE OF RIGHT OF WAY OF THE LARIMER AND WELD RESERVOIR COMPANY CANAL;THENCE EASTERLY ALONG SAID RIGHT OF WAY TO A POINT DUE SOUTH OF THE POINT OF BEGINNING;THENCE NORTH 975 FEET, MORE OR LESS TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED TO LARIMER COUNTY EN DEED RECORDED JULY 29,1986 UNDER RECEPTION NO.86040958,COUNTY OF LARIMER,STATE OF COLORADO. Being more particularly described as follows: A parcel of land being a part of the Southeast Quarter of the Southwest Quarter of Section 36,Township 8 North Range 69 West of the 6~”P.M.,City of Fort Collins,County of Larimer,State of Colorado,being more particularly described as follows: Considering the South line of the Southeast Quarter of the Southwest Quarter of said Section 36,as bearing North 89 17’S 1”West,an assumed bearing,and with all bearing contained herein relative thereto: Commencing at the Southwest corner of Willox Heights Annexation to the City of Fort Collins; THENCE along the West line of said Willox Annexation North 00 39’21”East a distance of 174.71 feet to the POINT OF BEGINNING; THENCE departing said line,North 51 19’lO”West a distance of 56.19 feet; THENCE North 76 29’10”West a distance of 108.46 feet; EXHIBIT A THENCE North 00°39’21”East a distance of 1072.10 feet to a point on the South right- of-way line of Spaulding Lane,said line also being the South line of Sherman-Lawler First Annexation to the City of Fort Collins; THENCE along said South line South 84°52’02”East a distance of 150.46 feet to a point on the West line of said Willox Heights Annexation; THENCE along said line West line South 00 39’2 1”West a distance of 1119.10 feet to the POINT OF BEGINNING. Said described track of land contains 163,045 square feet or 3.743 acres,more or less and may be subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. That,on April 4,2023,at the hour of 6:00 p.m.,or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall,300 LaPorte Avenue,Fort Collins, Colorado,the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation.At such hearing,any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Low Density Mixed use (“L-M-N”)Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities.Please call 221-6515 (V/TDD:Dial 711 for Relay Colorado)for assistance. Dated this _____day of _______________,2023. City Clerk pon request,the City of Fort Collins will provide language access services for individuals who have limited English proficiency,or auxiliary aids and services for individuals with disabilities,to access City services,programs and activities.Contact 970.221.6515 (V/TDD:Dial 711 for Relay Colorado)for assistance.Please provide 48 hours advance notice when possible. A peticiOn,Ia Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés,o ayudas y servicios auxiliares para personas con discapacidad,para que puedan acceder a los servicios, programas y actividades de Ia Ciudad.Para asistencia,Ilame al 970.221.6515 (VITDD;Marque 711 para Relay Colorado).Por favor proporcione 48 horas de aviso previo cuando sea posible.