HomeMy WebLinkAbout130 - 10/14/2008 - AUTHORIZING THE DISCONNECTION OF PORTIONS OF THE ARAPAHO BEND NATURAL AREA AND PORTIONS OF HARMONY R i
EMERGENCY ORDINANCE NO. V, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE DISCONNECTION OF PORTIONS
OF THE ARAPAHO BEND NATURAL AREA AND PORTIONS OF HARMONY ROAD,
STRAUSS CABIN ROAD AND KECHTER ROAD
WHEREAS,on this same date,the City Council has adopted Emergency Ordinance No.W),
2008,authorizing the conveyance of the Arapaho Bend Natural Area(the"Natural Area")to the Fort
Collins Leasing Corporation(the"Corporation")and has subsequently received from the Corporation
an application to disconnect from the City certain portions of the Natural Area,which portions are
included in the property description attached hereto as Exhibit "A" and incorporated by this
reference,and has also received from the City Manager an application to disconnect certain portions
of Harmony Road,Strauss Cabin Road and Kechter Road that are also shown on Exhibit"A,"; and
WHEREAS, on this same date, the City Council has also adopted Emergency Ordinance
No.X, 2008, amending Divisions 2.12 of the City's Land Use Code to establish a procedure for
disconnecting land from the City; and
WHEREAS, in order to prevent the Town of Timnath's annexation of a critical gateway to
the City that has,for twenty-eight years,been contained in the City's Growth Management Area,and
for the various reasons stated in Emergency Ordinance Nol,;J� , 2008, the City Council believes
it to be in the best interests of the City, and necessary in order to protect the health, safety and
welfare of the residents of the City, to immediately grant such applications and to also disconnect
from the City those portions of Harmony Road, Strauss Cabin Road and Kechter Road also shown
on Exhibit"A;" and
WHEREAS, under Section 2.12.6 of the City's Land Use Code, when the owner of a tract
of land within and adjacent to the boundary of the City desires to have that tract disconnected from
the City,the owner may apply to the City Council for the enactment of an ordinance disconnecting
the tract of land from the City; and
WHEREAS, on receipt of such an application, it is the duty of the City Council to give due
consideration to the application, and, if the City Council is of the opinion that the best interests of
the City will not be prejudiced by the disconnection of the tract,it shall enact an ordinance effecting
such disconnection; and
WHEREAS,if such an ordinance is enacted,it shall be immediately effective upon filing the
original and two certified copies thereof with the Larimer County Clerk and Recorder to accomplish
the disconnection, who shall file one certified copy with the Division of Local Government in the
Department of Local Affairs,as provided by Section 24-32-109,C.R.S.,and the other copy with the
Department of Revenue, as provided by Section 31-12-113(2)(a.5), C.R.S.; and
i
WHEREAS, Article It, Section 6 of the Charter of the City authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of the
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the disconnection from the City of the real property described in Exhibit
"A"is in the best interests of the City and will not prejudice such interests.
Section 2. That said property is hereby disconnected.
Section 3. That the City Clerk is hereby directed to forthwith file an original and two
certified copies of this Ordinance in the Office of the Larimer County Clerk and Recorder.
Section 4. That the City Clerk is hereby directed to cause the publication of this
Ordinance in the Fort Collins Coloradoan no later than October 21, 2008.
Introduced, considered favorably by five (5) members of the Council of the City of Fort
Collins and finally passed as an emergency ordinance and ordered published this 14th day of
October, A.D. 2008.
Mayor
ATTEST
City Clerk
2
i
EXHIBIT A
DESCRIPTION OF THE AREAS TO BE DISCONNECTED FROM THE CITY OF FORT
COLLINS
Three tracts of land located in Sections 3, 4 , 9 and 10 in Township
6 North, Range 68 West and in Section 34 of Township 7 North, Range
68 West, all of the Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, more particularly described as follows;
Considering the south line of the southwest quarter of the said
Section 34 as bearing South 89 degrees 29 minutes 53 seconds East
between a 3. 25" Aluminum Cap monument at the southwest corner of
Section 34 and a 3. 25" Aluminum Cap monument, PLS 24307, at the
south quarter corner of Section 34 , based upon GPS observation and
the City of Fort Collins coordinate base, and with all bearings
contained herein relative thereto;
Commencing at the said southwest corner of Section 34 ;
THENCE along the west line of the said southwest quarter of
Section 34 , North 00 degrees 07 minutes 36 seconds East for a
distance of 100 . 01 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 30 . 02 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE North 00 degrees 07 minutes 36 seconds East for a
distance of 50 . 00 feet to the north right of way of East Harmony
Road;
THENCE along the said north right of way, South 89 degrees 32
minutes 52 seconds East for a distance of 15 . 00 feet;
THENCE leaving the said north right of way, North 00 degrees
07 minutes 23 seconds East for a distance of 5094 . 45 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5069. 86 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5069 . 95 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5070 . 36 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5070 . 45 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
Page 1 of 5
i
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5070 . 86 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5070 . 95 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5071 . 36 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10. 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5071 . 45 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5071 . 86 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5071 . 95 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5072 . 36 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5072 . 45 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 50 . 00 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5072 . 86 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10. 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5072 . 95 feet;
THENCE North 89 degrees 58 minutes 30 seconds East for a
distance of 32 . 78 feet;
THENCE South 34 degrees 23 minutes 59 seconds East for a
distance of 30 . 38 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 5048 . 29 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 5033 . 81 feet;
Page 2 of 5
I
THENCE South 34 degrees 23 minutes 59 seconds East for a
distance of 88 . 23 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 4961. 40 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 4946. 92 feet;
THENCE South 34 degrees 23 minutes 59 seconds East for a
distance of 88 . 23 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 4874 . 51 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10. 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 4860. 03 feet;
THENCE South 34 degrees 23 minutes 59 seconds East for a
distance of 88 . 23 feet;
THENCE South 00 degrees 07 minutes 12 seconds West for a
distance of 4787 . 62 feet;
THENCE South 89 degrees 32 minutes 52 seconds East for a
distance of 10 . 00 feet;
THENCE North 00 degrees 07 minutes 12 seconds East for a
distance of 4773. 14 feet;
THENCE South 34 degrees 23 minutes 59 seconds East for a
distance of 1200. 28 feet;
THENCE South 57 degrees 39 minutes 29 seconds East for a
distance of 261 . 65 feet;
THENCE South 43 degrees 33 minutes 08 seconds East for a
distance of 421. 57 feet;
THENCE South 11 degrees 46 minutes 08 seconds East for a
distance of 263 . 00 feet;
THENCE South 74 degrees 05 minutes 08 seconds East for a
distance of 1. 25 feet;
THENCE South 13 degrees 09 minutes 46 seconds East for a
distance of 849 . 49 feet;
THENCE along a curve to the right having a radius of 5550 . 00
feet, a central angle of 10 degrees 34 minutes 58 seconds and an
arc length of 1025. 11 feet, being subtended by a chord of South 07
degrees 52 minutes 15 seconds East for a distance of 1023 . 65 feet;
THENCE South 02 degrees 34 minutes 45 seconds East for a
distance of 551 . 31 feet;
THENCE South 25 degrees 05 minutes 38 seconds West for a
distance of 181 . 25 feet to the north line of the State Board of
Land Commissioners tract;
THENCE along the said north line, North 89 degrees 32 minutes
49 seconds West for a distance of 601 . 64 feet;
THENCE leaving the said north line, North 00 degrees 27
minutes 09 seconds East for a distance of 183 . 53 feet;
Page 3 of 5
i
THENCE South 85 degrees 06 minutes 33 seconds West for a
distance of 499 . 10 feet;
THENCE South 00 degrees 30 minutes 07 seconds West for a
distance of 402 . 69 feet;
THENCE South 63 degrees 30 minutes 52 seconds West for a
distance of 220 . 89 feet;
THENCE South 00 degrees 30 minutes 06 seconds West for a
distance of 145 . 81 feet;
THENCE South 46 degrees 09 minutes 19 seconds West for a
distance of 70 . 13 feet to the said north right of way of East
Harmony Road;
THENCE along the said right of way, South 89 degrees 32
minutes 52 seconds East for a distance of 684 . 40 feet to the east
line of the Apapaho Bend Natural Area annexation to the said City
of Fort Collins;
THENCE along the said east line, South 00 degrees 27 minutes
20 seconds West for a distance of 50 . 00 feet;
THENCE leaving the said east line, North 89 degrees 32 minutes
52 seconds West for a distance of 1544 . 96 feet to the point of
beginning. Containing 180 . 206 acres more or less .
TOGETHER WITH:
Considering the west line of the southwest quarter of the said
Section 3 as bearing North 01 degrees 49 minutes 10 seconds West
between a 2 . 5" Aluminum Cap monument, PLS 17497, at the southwest
corner of Section 3 and a 2 . 5" Aluminum Cap monument, PLS 33193, at
the west quarter corner of Section 3, based upon GPS observation
and the City of Fort Collins coordinate base, and with all bearings
contained herein relative thereto;
Commencing at the said southwest corner of Section 3;
THENCE along the west line of the said southwest quarter,
North 01 degrees 49 minutes 10 seconds West for a distance of
1270 . 86 feet to the south line of the existing City of Fort Collins
City Limit, and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said City Limit, North 88 degrees 11 minutes
41 seconds West for a distance of 30 . 06 feet;
THENCE leaving the said City Limit, North 01 degrees 49
minutes 10 seconds West for a distance of 1343 . 50 feet to the north
line of the southeast quarter of the said Section 4;
THENCE along the said north line, South 88 degrees 36 minutes
06 seconds East for a distance of 30 . 05 feet to the northwest
corner of the said southwest quarter of Section 3;
THENCE along the said City Limit South 88 degrees 36 minutes
06 seconds East for a distance of 30 . 05 feet;
THENCE continuing along the said City Limit, the following
Page 4 of 5
T
four (4 ) courses and distances, (1) South 01 degrees 49 minutes 10
seconds East for a distance of 985 . 37 feet;
(2) South 88 degrees 11 minutes 41 seconds East for a distance
of 5 . 01 feet;
(3) South 01 degrees 49 minutes 10 seconds East for a distance
of 358 . 56 feet;
(4) North 88 degrees 11 minutes 41 seconds West for a distance
of 35 . 07 feet to the point of beginning. Containing 1 . 892 acres
(82, 416 square feet) more or less .
FURTHER TOGETHER WITH:
Considering the west line of the southwest quarter of the said
Section 3 as bearing North 01 degrees 49 minutes 10 seconds West
between a 2 . 5" Aluminum Cap monument PLS 17497 at the southwest
corner of Section 3 and a 2 . 5" Aluminum Cap monument, PLS 33193 at
the west quarter corner of Section 3, based upon GPS observation
and the City of Fort Collins coordinate base, and with all bearings
contained herein relative thereto;
Commencing at the said southwest corner of Section 3;
THENCE along the west line of the said southwest quarter,
North 01 degrees 49 minutes 10 seconds West for a distance of 34 . 92
feet to the north line of the existing Fort Collins City Limits,
and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said City Limit, North 82 degrees 32 minutes
57 seconds East for a distance of 35 . 17 feet;
THENCE continuing along the said City Limit, South 03 degrees
08 minutes 16 seconds West for a distance of 70 . 05 feet;
THENCE leaving the said City Limit, North 89 degrees 04
minutes 36 seconds West for a distance of 59. 01 feet;
THENCE North 01 degrees 48 minutes 47 seconds West for a
distance of 60 . 56 feet to the said existing City Limit;
THENCE along the said City Limit North 82 degrees 32 minutes
57 seconds East for a distance of 30 . 14 feet to the point of
beginning. Containing 0 . 093 acres (4, 033 square feet) more or less.
The total area to be disconnected from the City of Fort Collins is
182 . 191 acres more or less .
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C . MUSCOTT COLORADO P. L. S. 17497
P. O. BOX 580 FORT COLLINS, CO 80522
Page 5 of 5