HomeMy WebLinkAbout049 - 04/18/2023 - ANNEXING THE PROPERTY KNOWN AS THE THOMPSON THRIFT SPAULDING ADDITION ANNEXATION TO THE CITY OF FORTORDINANCE NO.049,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
THOMPSON THRIFT SPAULDING ADDITION ANNEXATION
TO THE CITY OF FORT COLLINS,COLORADO
WHEREAS,on February 21,2023,City Council adopted Resolution 2023-021 finding
substantial compliance and initiating annexation proceedings for the Thompson Thrift Spaulding
Addition Annexation,as defined therein and described below;and
WHEREAS,Resolution 2023-031 setting forth findings of fact and determinations
regarding the Thompson Thrift Spaulding Addition Annexation was adopted concurrently with the
first reading of this Ordinance;and
WHEREAS,the City Council has determined that it is in the best interests of the City to
annex the property to be known as the Thompson Thrift Spaulding Addition Annexation as
described below (the “Property”)to the City.
NOW,THEREFORE,BE IT ORDAINED 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 incorporates the findings of Resolution 2023-
021 and Resolution 2023-031 and further finds that it is in the best interests of the City to annex
the Property to the City.
Section 3.That the Property,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 6T~~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°1 7’5 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;
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
PONT 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,
is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the
Thompson Thrift Spaulding Addition Annexation,which annexation shall become effective upon
completion of the conditions contained in Colorado Revised Statutes (“C.R.S.”)Section 3 1-12-
113,including,without limitation,all required filings for recording with the Larimer County Clerk
and Recorder.
Section 4.That,in annexing the Property to the City,the City 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 Property hereby annexed except as
may be provided by ordinances of the City.
SectionS.That the City hereby consents,pursuant to C.R.S.Section 37-45-136(3.6),
to the inclusion of the Property into the Municipal Subdistrict,Northern Colorado Water
Conservancy District,to the extent the Property is not already included.
Section 6.That the petitioner reserves the sole,exclusive and unilateral right,for the
benefit of,and to be exercised solely by Thompson Thrift Development,Inc.,or its successors and
assigns,to withdraw the annexation petition and terminate annexation proceedings by notifying
the City Clerk in writing at any point prior to the latest to occur of:
(a)The final,non-appealable approval of this Ordinance and the associated annexation
findings resolution referenced in Section 2 of this Ordinance;
(b)The final,non-appealable approval of the associated zoning ordinance of the Property
to the LMN zone district;or
(c)The final,non-appealable resolution of any legal challenge or other action that directly
or indirectly challenges the approvals set forth in (a)or (b)or any petition for a
referendum seeking to reverse or nullify any of the approvals set forth in (a)or (b).
The petitioner may waive its right to withdraw the annexation petition set forth in this Section at
any time by notifying the City Clerk in writing of such waiver.
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Introduced,considered favorably on first reading and ordered published this 4th day of
April 2023,and to be presented for final~oass~ge on the 18th da~of April,2023.
Passed and adopted on final rea ing this 18th day of nI,2023.