The URL can be used to link to this page

Home My WebLink About2024-061-04/16/2024-Finding Substantial Compliance and Initiating Annexation Proceedings for the I-25 & Mulberry AnnexatRESOLUTION 2024-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE 1-25 &MULBERRY ANNEXATION A.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 1-25 &Mulberry Annexation,as more particularly described below. B.The City Council desires to initiate annexation proceedings for the 1-25 & Mulberry Annexation in accordance with the Municipal Annexation Act,Colorado Revised Statutes (“C.R.S.”)Section 31 -1 2-1 01,et seq. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council hereby accepts the annexation petition for the 1-25 &Mulberry Annexation,located at the northeast corner of East Mulberry Street and Interstate 25 and more particularly described as situate in the County of Larimer,State of Colorado,to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3”BRASS CAP STAMPED”LS23503 2007”IN A RANGE BOX, AND AT THE WEST QUARTER CORNER BY A 2”ALUMINUM CAP STAMPED” LS 5028 1998”ASSUMED TO BEAR N00°09’34”W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THFNCE N70 26’24”E A DISTANCE OF 648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25,AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE,THE FOLLOWING SIX (6) COURSES: 1.N58 4220W A DISTANCE OF 212.59 FEET; 2.N38 22’59”W A DISTANCE OF 442.05 FEET; 3.N14°16’20”W A DISTANCE OF 206.20 FEET; 4.N00 1350W A DISTANCE OF 37.90 FEET; s.N00 3120W A DISTANCE OF 940.70 FEET; 6.N03°19’40’E A DISTANCE OF 245.20 FEET,TO THE SOUTHWESTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.20050043464; THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY,589°19’40”E A DISTANCE OF 1241.28 FEET,TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO.2002051529; THENCE ON SAID WESTERLY LINE,S00°20’18’W A DISTANCE OF 1727.08 FEET,TO THE NORTHEASTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.20120069518; THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4)COURSES: 1.N69°41 ‘20W A DISTANCE OF 224.55 FEET; 2.N81 °42’20”W A DISTANCE OF 504.90 FEET; 3.N58°42’20”W A DISTANCE OF 20.61 FEET; 4.S00°19’40”W A DISTANCE OF 300.00 FEET,TO THE POINT OF BEGINNING.CONTAINING A CALCULATED AREA OF 2,043,904 SQUARE FEET OR 46.9216 ACRES. Section 2.The City Council hereby finds and determines that the annexation petition for the 1-25 &Mulberry 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 31-12-104 and 31-1 2-1 05 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; -2- (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 3.The City Council hereby finds and determines that the annexation map,four copies total,accompanying the annexation petition for the 1-25 &Mulberry 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 planed,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 4.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 on April 16,2024..1 ATTEST: Interim City Clerk Effective Date:April 16,2024 Approving Attorney:Brad Yatabe EXHIBIT A TO RESOLUTION 2024-061 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2024-061 initiating annexation proceedings for the 1-25 &Mulberry Annexation, consisting of approximately 47 acres and generally located at the northeast corner of East Mulberry Street and Interstate 25,and said Annexation being more particularly described in Resolution 2024-06 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 General Commercial (C-G)zone and Industrial (I)zone districts.The area to be annexed is more particularly described as: GENERAL COMMERCIAL ZONE DISTRICT: A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO.2009006924 EN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER,LOCATED [N THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN;COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3”BRASS CAP STAMPED “LS23503 2007”IN A RANGE BOX,AND AT THE WEST QUARTER CORNER BY A 2”ALUMINUM CAP STAMPED”LS 5028 1998”ASSUMED TO BEAR N00 09’34”W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10,THENCE N70°26’24”E A DISTANCE OF 648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25,AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE,THE FOLLOWING SIX (6) COURSES: 1.N58 4220W A DISTANCE OF 212.59 FEET; 2.N38 22’59”W A DISTANCE OF 442.05 FEET; 3.NI4 I6’20”W A DISTANCE OF 206.20 FEET; 4.N00 I3’50”W A DISTANCE OF 37.90 FEET; 5.THENCE N00 31 ‘20”W A DISTANCE OF 940.70 FEET; EXHIBIT A TO RESOLUTION 2024-061 6.N03°I 9’40”E A DISTANCE OF 245.20 FEET,TO THE SOUTHWESTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.20050043464; THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY,THENCE S89 I9’40”E A DISTANCE OF 400.00 FEET;THENCE DEPARTING SAID SOUTHERLY LINE,THE FOLLOWING FIVE (5)COURSES: 1.500 40’20’W A DISTANCE OF 591.74 FEET; 2.S44 3021 “WA DISTANCE OF 127.98 FEET; 3.S00 29’39”E A DISTANCE OF 256.82 FEET,TO A POINT OF CURVE; 4.ON THE ARC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 88 5235”AND AN ARC LENGTH OF 930.71 FEET,TO A POINT OF TANGENT; 5.S89 2214’E A DISTANCE OF 333.27 FEET; THENCE ON SAID WESTERLY LINE,S00 20 18’W A DISTANCE OF 198.69 FEET,TO THE NORTHEASTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO.20120069518; THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY,THE FOLLOWING FOUR (4)COURSES: 1.N69 41’20”W A DISTANCE OF 224.55 FEET; 2.N81 42’20’W A DISTANCE OF 504.90 FEET; 3.N58 4220W A DISTANCE OF 20.61 FEET; 4.S00 19’40W A DISTANCE OF 300.00 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 753,127 SQUARE FEET OR 17.2894 ACRES. INDUSTRIAL ZONE DISTRICT: A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO.2009006924 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER,LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST 2 EXHIBIT A TO RESOLUTION 2024-061 OF THE 6TH PRINCIPAL MERIDIAN;COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3”BRASS CAP STAMPED” LS23503 2007”IN A RANGE BOX,AND AT THE WEST QUARTER CORNER BY A 2”ALUMINUM CAP STAMPED LS 5028 1998”ASSUMED TO BEAR N00 09’34”W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10,THENCE N3°41’03”E A DISTANCE OF 2153.64 FEET TO A POINT TO A POINT ON THE SOUTHERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20050043464 AND THE POINT OF BEGINNING; THENCE ON SAID SOUTHERLY LINE,S89 19’40”E A DISTANCE OF 841.28 FEET,TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO.2002051529; THENCE ON THE SAID WESTERLY LINE,S00 2018W A DISTANCE OF 1528.39 FEET; THENCE DEPARTING SAID WESTERLY LINE THE FOLLOWING FIVE (5)COURSES: 1.N89°22’14”W A DISTANCE OF 333.27 FEET,TO A POINT OF CURVE; 2.ON THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 600.00 FEET,A CENTRAL ANGLE OF 88 52’35”AND AN ARC LENGTH OF 930.71 FEET,TO A POINT OF TANGENT; 3.N00 29’39”W A DISTANCE OF 256.82 FEET; 4.N44 30’2I”EA DISTANCE OF 127.98 FEET; 5.N00 40’20”E A DISTANCE OF 591.74 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,290,778 SQUARE FEET OR 29.6322 ACRES. That,on May 21,2024,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. 3 EXHIBIT A TO RESOLUTION 2024-061 The Petitioner has requested that the Property included in the Annexation be placed in the General Commercial (“C-G”)and Industrial (I)zone district. Individuals who wish to address Council via remote public participation can do so through Zoom at https:zoom.us/i/98241416497.(The link and instructions are also posted at www.fc ov.com councilcomments .Individuals participating in the Zoom session should watch the meeting through that site,and not via FCTV,due to the streaming delay and possible audio interference. Dated this _____day of ,2024. Interim City Clerk Upon 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 petición,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 (V/TDD:Marque 711 para Relay Colorado).Por favor proporcione 48 horas de aviso previo cuando sea posible.