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HomeMy WebLinkAbout066 - 05/05/1998 - ANNEXING THE SCHAULIN ANNEXATION ORDINANCE NO. 66, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SCHAULIN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Frederick S. Schaulin("Schaulin") is the record owner of that certain property located in Larimer County, Colorado, as more particularly described in Section 1 of this Ordinance (hereinafter sometimes referred to as the"Schaulin Property"); and WHEREAS, Schaulin desires that the Schaulin Property be annexed to the City and further desires to use the Schaulin Property for an auto wrecking yard; and WHEREAS,certain neighboring landowners have expressed concerns to the City that the use of the Schaulin Property for an auto wrecking yard may cause certain deleterious effects to their nearby properties; and WHEREAS, in order to induce the City to annex the Schaulin Property, Schaulin has proposed certain measures which Schaulin believes are appropriate to address the concerns of the neighboring landowners; and WHEREAS, a pre-annexation agreement has been entered into by the City and Schaulin which reduces to writing the measures that Schaulin has promised to take as an inducement to the City's annexation of the Schaulin Property; and WHEREAS, the Council has determined that the pre-annexation agreement is appropriate and that the approval of this annexation should be subject to the terms and conditions of said agreement; and WHEREAS, Resolution 98-36, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: TRACT ONE: A PORTION OF THE SW 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M.,WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2, BLOCK 1, EAST MULBERRY SUBDIVISION, LARIMER COUNTY, COLORADO,AND RUN THENCE S. 00 DEGREES 34'W.503.59 FEET;THENCE S. 89 DEGREES 23'W.243.23 FEET;THENCE N.00 DEGREES 24' E. 503.59 FEET TO THE SW CORNER OF SAID LOT 2; THENCE N. 89 DEGREES 23'30"E.244.70 FEET TO THE POINT OF BEGINNING,COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR LESS. TRACT TWO(including Right-of-Way): A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23' E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH BEARS N 710 34,E 1324.90 FEET AND AGAIN N 00024'E 410.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 000 24' E 503.59 FEET;THENCE N 89' 23'E 120.12 FEET; THENCE N 00' 38' E 844.91 FEET TO A POINT ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29' 10' 30" E 100.00 FEET; THENCE S 60' 49'30" E 22.76 FEET ALONG THE NORTHERLY LINE OF LINCOLN AVENUE; THENCE S 29' 10'30" W 100.00 FEET TO THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE S 00' 38' W 833.59 FEET;THENCE S 00' 24'W 503.59 FEET;THENCE S 89' 23' W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING 2.05 ACRES MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Schaulin Annexation. Section 2. That this annexation shall be subject to the provisions of the pre-annexation agreement between the City and Frederick Schaulin,attached hereto as Exhibit"A,"which is on file in the office of the City Clerk and incorporated herein by this reference. Section 3. That, in annexing said 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 the ordinances of the City. Section 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered pu d this 21 st d f April, A.D. 1998, and to be presented for final passage on the 5th d of M�3y;�A.D. 19 ayor ATTEST: 1ALk ��k .' City Clerk Passed and adopted on final reading this 5th day of May, A.D. 199.-: -j ayor j cf ATTEST: NU4.-- City Clerk Exhibit "A" PRE-ANNEXATION AGREEMENT THIS PRE-ANNEXATION AGREEMENT, is executed this day of 1998, by and between THE CITY OF FORT COLLINS, COLORADO (hereinafter referred to as "City") and FREDERICK S. SCHAULIN(hereinafter referred to as"Schaulin'). WITNESSETH: WHEREAS, Schaulin is the record owner of that certain property located in Larimer County, Colorado,as more particularly described on Exhibit"A"attached hereto and incorporated herein(the "Schaulin Property"); and WHEREAS, Schaulin desires that the Schaulin Property be annexed to the City and further desires to use the Schaulin Property for an auto wrecking yard; and WHEREAS,certain neighboring landowners have expressed concerns to the City that the use of the Schaulin Property for an auto wrecking yard may cause certain deleterious effects to their nearby properties; and WHEREAS, in order to induce the City to annex the Schaulin Property, Schaulin has proposed certain measures which Schaulin believes are appropriate to address the concerns of the neighboring landowners; and WHEREAS, the purpose of this Pre-Annexation Agreement is to reduce to writing the measures that Schaulin promises to take as an inducement to the City's annexation of the Schaulin Property. NOW, THEREFORE, for good consideration, the mutual receipt of which is hereby acknowledged, the parties agree as follows: 1. Within one hundred twenty(120)days after the Schaulin Property is annexed into the City, Schaulin shall install the following: a. An eight(8)foot solid metal privacy fence of earthtone colors along the east property line of the Schaulin Property. Such fence shall be properly maintained by Schaulin on a permanent basis. b. An eighteen(18) inch berm consisting of compacted road base material from a point twenty-five (25) feet west of the southeast corner of the Welty Property (which property is described on Exhibit`B" attached hereto), to a point seventy-five (75) feet north of the southwest corner of the Taylor Property(which property is described on Exhibit"C"attached hereto). Such berm shall be properly maintained to protect the neighboring properties from storm drainage crossing, or originating on, the Schaulin Property. C. An eight(8)foot solid metal privacy fence from a point twenty-five (25)feet west of the southeast corner of the Welty Property west along the line between the Welty Property and the Schaulin Property to Block Drive. Such fence shall be properly maintained by Schaulin on a permanent basis. 2. Schaulin shall insure that the primary access to the Schaulin Property remains Block Drive and not the access easement which benefits the Schaulin Property on the east boundary of the Welty Property. Schaulin shall erect a locked gate for emergency vehicles at the northeast corner of the Schaulin Property along the south boundary of the access easement benefitting the Schaulin Property on the east side of the Welty Property. Schaulin shall insure that the locked gate in properly maintained on a permanent basis. 3. Schaulin shall contain appropriately all pollutants produced by the auto wrecking business, including without limitation, gasoline, petroleum, antifreeze and freon, on the Schaulin Property, so that no contamination occurs on or beneath the neighboring properties. 4. If at any time,the Schaulin Property is brought up to the grade of adjacent properties on either the east boundary line of the Schaulin Property or the south boundary line of the Schaulin Property, Schaulin shall install an eighteen (18) inch berm of compacted road base material in and along such places it at such time, the auto wrecking yard use is continuing on the Schaulin Property. 5. In his use of the Schaulin Property for an auto wrecking yard, Schaulin shall comply with all applicable governmental requirements, including, without limitation, fire code requirements, weed control requirements, and environmental protection requirements. If Schaulin should be required by any governmental entity to take more stringent precautions or actions than this Agreement calls for,then Schaulin shall comply with those higher requirements in lieu ofthose herein. 6. This Agreement shall be binding upon the successors and assigns of the parties, and shall constitute running with the land. 7. In the event of breach hereof by a party, the nonbreaching party or parties may, in addition to all other remedies, seek and obtain specific performance hereof and may, in addition, recover the costs and reasonable attorney fees incurred by reason of such breach or enforcement. 8. This Agreement will become null and void in the event the Schaulin Property is not annexed into the City by August 1, 1998. The Agreement will become null and void when the Schaulin Property is developed according to the terms of a site specific development plan processed and approved pursuant to the Land Use Code of the City (as said Code may be amended from time to time). 2 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective 1998. L-j -D, Frederick S. Schaulin, Property Owner STATE OF COLORADO ) ss. COUNTY OF LARIIVIER ) The foregoing instrument was subscribed, sworn to and acknowledged before me this- rh= day of Q2 CL� l - . 1998, by Frederick S. Schaulin. My commission expires: Not Public THE CITY OF FORT COLLINS, a Colorado municipal corporation By: John F. Fischbach, City Manager ATTEST: City Clerk 3 ,c: p rov Form Deputy City Attorney EXHIBIT "A" TRACT ONE: A PORTION OF THE SW 1/4 OF SECTION 7,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2, BLOCK 1,EAST MULBERRY SUBDIVISION, LARIMER COUNTY, COLORADO,AND RUN THENCE S. 00 DEGREES 34'W. 503.59 FEET;THENCE S. 89 DEGREES 23'W. 243.23 FEET;THENCE N.00 DEGREES 24'E.503.59 FEET TO THE SW CORNER OF SAID LOT 2; THENCE N. 89 DEGREES 23'30"E.244.70 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER,STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR LESS. TRACT TWO(including Right-of-Way): A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23, E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH BEARS N 710 34'E 1324.90 FEET AND AGAIN N 00 024'E 410.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 000 24'E 503.59 FEET;THENCE N 89' 23'E 120.12 FEET;THENCE N 00' 38'E 844.91 FEET TO A POINT ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29' 10'30"E 100.00 FEET;THENCE S 60' 49'30"E 22.76 FEET ALONG THE NORTHERLY LINE OF LINCOLN AVENUE;THENCE S 29' 10'30"W 100.00 FEET TO THE SOUTHERLY LINE OF LINCOLN AVENUE;THENCE S 00' 38'W 833.59 FEET;THENCE S 00' 24'W 503.59 FEET;THENCE S 89' 23'W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING 2.05 ACRES MORE OR LESS. EXHIBIT "B" Lct 2, RePlat of Lots 14, 15, and 16, cf t e Fc�lat of Lti s 11 th uc� 1� of Fast D*sl *^- Sutd:v_s:cn. Accardlnc tc t^e recordedPla_ t'-r F of T ^ " -��-� nl �.���.., -=�—, St<...._. cf C.,_cradc. . . also known as street and number 1405 Fast Ol_,e St_ t, part Cc1 ins, co 3Q521 EXHIBIT "C" Lot 13, of the Replat of Lots 11 through 16 of the EAST MULBERRY SUSDIVISI03f, County of Larimer, State of Colorado. u kzsoaa by 3c and n=ber as: 1409 EST OLIVE COURT FORT,COLLINS, CO 80524 .