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HomeMy WebLinkAbout147 - 11/04/1986 - ANNEXING WASTEWATER TREATMENT PLANT #1 ANNEXATION ORDINANCE NO. 147, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WASTEWATER TREATMENT PLANT #1 ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Article II, Section 30 of the Constitution of the State of Colorado requires that one of the following conditions be met before an 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 Wastewater Treatment Plant #1 Annexation area 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 no additional terms and conditions are to be imposed in connection with this annexation; 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; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1 . That the following described property be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Wastewater Treatment Plant #1 Annexation. A tract of land located in the Northeast Quarter of Section 13, and the Southeast Quarter of Section 12, Township 7 North, Range 69 West of the Sixth P.M. , Larimer County, Colorado being further described as follows: Considering the south line of the said Southeast Quarter of the said Section 12 as bearing N 89038'00" W and with all bearings contained herein relative thereto. Beginning at the northeast corner of the said Section 13, thence along the north line of the Northeast Quarter of the said Section 13, N 89° 38'00" W, 687. 1 feet to a point on a tract of land described in Book 883, Page 320 (from J.M. Hoffman to the State Highway Department) as recorded with the Larimer County Clerk and Recorder, said point being the point of beginning of this described tract of land. Thence, along the boundary of the said tract of land described in the said Book 883, Page 320 on the following five courses: S 21'51 '00" W, 308.5 feet; thence, S 40°21'00" W, 60.0 feet; thence S 49°39'00" E, 100.0 feet; thence, S 40°21'00" W, 90. 1 feet to the northeasterly right-of-way of the Colorado and Southern Railroad; thence along the said right-of-way, N 49°39'00" W, 725.7 feet to a point on the north line of the said Section 13. Thence, continuing along the said railroad right-of-way and the westerly boundary of a tract of land described in Book 883, Page 317 (from J.M. Hoffman to the State Highway Department) as recorded with the Larimer County Clerk and Recorder, N 49°39'00" W, 77.8 feet to a point which is: a northwesterly corner of the tract in the said Book 883, Page 317; and a southwesterly corner of a tract of land described in Book 882, Page 50 (from City of Fort Collins to the Colorado State Highway Department) as recorded with the Larimer County Clerk and Recorder; and the starting point of a tract of land described in Book 794, Page 117 (from J.M. Hoffman to City of Fort Collins) as described with the Larimer County Clerk and Recorder; thence, along the said north- easterly railroad right-of-way, N 49°39'00" W 38.9 feet to the northwesterly corner of the tract of land described in the aforesaid Book 882, Page 50; thence, continuing, N 49039'00" W, 53.8 feet to southerly boundary of a tract of land described in Book 801 , Page 159 (from City of Fort Collins to Dreher Pickle Company) as recorded with the Larimer County Clerk and Recorder, thence, along the last course of the tract of land described in the said Book 801, Page 159 (with applied adjustments by the preponderance of evidence of the adjacent property course calls, section line measurements, and the non-closure of the geometry of the deeds) , S 89038'00" E, 173.82 feet (calculated - 173. 10 feet was the record call ) ; thence, continuing along the said boundary per said Book 801, Page 159 on the following four courses, N 45°00'00" E, 38.50 feet; thence, N 25°04'00" W, 140.30 feet; thence, N 28025'00" W, 360.80 feet; thence, N 43°20'00" W, 195.00 feet; thence, along the northerly boundary of the tract of land described in the said Book 794, Page 117 (from J.M. Hoffman to the City of Fort Collins) on the following five courses: N 41°15'00" E, 137.80 feet; thence S 88 15'00" E, 452.30 feet; thence, S 79°07'00" E, 251 .50 feet; thence, S 53 14'00" E, 287.20 feet; thence, S 28° 10'00" E, 227.42 feet to the westerly boundary of a tract of land described in a survey by the Engineering Department of the City of Fort Collins recorded in Book 2004, Page 511 (Said westerly boundary appears to be the correct proration of adjacent documents to the east of this property and defines a previously poorly defined line which describes the east boundary of this tract. Note that the east boundary may be up to 20 feet further east as one proceeds along the next course if this proration is deemed incorrect. ) ; thence, along the said westerly survey line, S 22030'35" W, 348.72 feet a point on the northerly boundary of the tract of land described in the aforesaid Book 882, Page 50; thence S 22°30'35" W, 80.99 feet to the south line of the South east Quarter of the said Section 12; thence, S 89°38'00" E, 20.01 feet to the said point of beginning. The above described tract of land contains 18.7 acres more or less and is subject to all easements and rights-of-way now of record or existing. The above description is for the use of this annexation plat and is not to be used for fee-simple property transfers or construction. Section 2. 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 3. That 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 21st day of October, A.D. 1986, and to be presented for final passage on the 4th day of November, A.D. 1986. Mayor ATTEST: )�4� . 6 City Clerk Passed and adopted on final reading this 4th day of November, A.D. 1986. _ Mayor ATTEST: City Clerk