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HomeMy WebLinkAbout114 - 09/02/1986 - ANNEXING FORT COLLINS BUSINESS CENTER ANNEXATION ORDINANCE NO. 114, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FORT COLLINS BUSINESS CENTER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, heretofore a written petition, together with four prints of an annexation map, was filed with the City Clerk requesting the annexation of certain property more particularly described below; and WHEREAS, Article II, Section 30 of the Constitution of the State of Colorado requires that one of the following conditions be met before unincorporated area be annexed to a municipality: 1 . The question of annexation be submitted to a vote of the landowners and registered electors of the area to be annexed and the majority of such persons voting, vote in favor of annexation; or 2. The annexing municipality receive a petition for annexation signed by more than 50% of the landowners in the area who own more than 50% of the land; or 3. The area to be annexed be entirely surrounded by or be solely owned by the annexing municipality; and WHEREAS, 100% of the landowners in the Fort Collins Business Center Annexation have signed a petition for annexation; and WHEREAS, not less than one-sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins; and the territory to be annexed is urban or will be urbanized in the near future; and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, no election is required; and WHEREAS, on July 28, 1986, the Planning and Zoning Board approved the annexation contingent upon the approval by City Council of the waiver of certain street improvement requirements in exchange for the dedication of the rights-of-way necessary for the realignment of Lemay Avenue; and WHEREAS, the Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the annexation laws of the State of Colorado and that the territory is eligible for annexation, and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That the waiver of certain Lemay Avenue and Lemay Avenue Extension street improvement requirements for the development of the land to be annexed (in exchange for the dedication of the rights-of-way necessary for the Lemay Avenue realignment) is approved as said waiver is described in that certain Annexation Agreement dated August 19, 1986 between the City and Fort Collins Business Center, Ltd. on file with the City Clerk. Section 2. That the following described property, to wit: A tract of land situate in the West 112 of Section 7, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, which considering the West line of said Section 7 as bearing S 02° 04'03" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears S 02°04'03" W 80.00 feet along the West line of said Section 7, and again S 89°36'37" E 370. 15 feet along the south right-of-way line of the Burlington Northern Railroad from the Northwest corner of said Section 7 and run thence along said South right-of-way line S 89°36'37" E 872.85 feet; thence S 02° 04'03" W 420.81 feet; thence S 89°36'58" E 58.51 feet; thence S 50001'54" E 914.21 feet to the most Northerly corner of Fort Collins Business Center, 2nd Filing, thence along the boundary line of said 2nd Filing S 39°58'06" W 658.00 feet to the Northwest corner of Fort Collins Business Center, Third Filing; thence along the boundary line of said Third Filing S 34°09'38" W 556.45 feet and again S 59°22'32" E 100.57 feet and again S 300 37'28" W 300.00 feet and again S 59°22'32" E 206.10 feet and again S 30°37'28" W 510.00 feet to a point on the North right-of-way line of East Lincoln Avenue; thence along said right-of-way line N 59°22'32" W 299.90 feet and again along the arc of a 1206.00 foot radius curve to the left a distance of 133.13 feet, the long chord of which bears N 62°32'17" W 133.07 feet; thence N 02°04'03" E 1022.53 feet; thence N 87°55'57" W 318.00 feet to a point on the West line of said Section 7; thence along said West line N 02004'03" E 30.00 feet; thence S 87°55'57" E 370.00 feet; thence N 02°04'03" E 1250.83 feet to the point of beginning; containing 60.0554 acres, more or less. be, and it hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Fort Collins Business Center Annexation. Section 3. That in annexing said territory to the City of Fort Collins, the City of Fort Collins 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 territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 4. That within ninety (90) days from the date this Ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first reading and ordered published this 19th day of August, A.D. 1986, and to be presented for final passage on the 2nd day of September, A.D. 1986. tires-- Mayor ATTEST: l City Clerk Passed and adopted on final reading this 2nd day of September, A.D. 1986. Mayor TTEST: City Clerk