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HomeMy WebLinkAbout005 - 04/12/1956 - ANNEXING PROPERTY KNOWN AS THE WESTERN SUBDIVISION ANNEXATION 1 ORDINANCE NO 5 , 1956 ACCEPTING AND APPROVING THE PLAT OF WHAT IS KNOWN AS THE WESTERN SUBDIVISION TO THE CITY OF FORT COLLINS, COLORADO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EM- BRACED IN SAID PLAT TO THE CITY OF FORT COLLINS, THE SAME TO BE MADE A PART OF THE CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS AND JURISDICTION THEREOF PUR- SUANT TO THE AUTHORITY CONTAINED IN ARTICLE 11, CHAPTER 139, COLORADO REVISED STATUTES 1953 WHEREAS, heretofore written petitions have been presented to the Council of the City of Fort Collins in substantial compliance with the provisions of Article 11, Chapter 139, Colorado Revised Statutes 1953, by 126 persons purporting to be the owners of 67 912 percent of the land embraced in what is known as the Western Subdivision City of Fort Collins wherein and whereby saia petitioners and applicants petitioned the City of Fort Collins for the annexation of all the territory embraced in what is known as the Western Subdivision to the City of Fort Collins, Colorado, cotyprising the lands shown in the plat thereof annexed to said petitions and more particularly described as follows A portion of the North 2 of Section 15, Township 7 North, Range 69 West of the 6th P M , Larimer County, Colorado, and considering the North line of said Section 15 as bearing due East and with all bearings herein relative thereto, contained within boundary lines beginning at a point on the South line of Birch Street in the Alvin L Miller Subdivision, according to the plat dated April 21, 1952 which point is 990 feet South of the North line of said Section 15 and 1088 feet Tiest of the East line of saki Section 15, and running thence West 232 00 feet, to the SW corner of said Alvin L Miller sub- division on the centerline of City Park Avenue, which point is also the SE corner of the Miller Brothers Second Subdivision according to the plat datea August 31 1954 thence West 340 00 feet thence S 0 201 E 5 00 feet thence West 400 69 feet, thence S 0 201 E 160 00 feet, thence West 579 31 feet, to the SW corner of said Miller Brothers Second Subdivision, thence West 19 98 feet, more or less, to the West line of the NE4 of said Section 15, thence S 0 261 E 462 60 feet, along the West line of the NE4 of said Section 15, to a point which is S 0 26, E 1617 60 feet from the NW corner of the NE4 of said Section 15, thence West 1329 58 feet, more or less, to the Nest line of the E2 of the NW4 of said Section 15, thence N 0 291 W 22 70 feet, along the 4Test line of the E2 of the NW4 of said Section 15, thence West 666 52 feet, thence North 198 00 feet, thence West 664 93 feet, more or less, to a point on the West line of the hW4 of said Section 15, which point is S 0 321 E 1396 90 feet from the NW corner of said Section 15, thence N 0 321 W 1396 90 feet, to the NW corner of said Section 15, thence East 2386 52 feet, along the North line of said Section 15, to the Northeasterly line of the County Road right-of-way, as described in a quit claim deed, dated April 29, 1948, and re- corded in Larimer County records in Book 852 on page 182, thence S 58 041 E 417 36 feet, along the Northeasterly line of said County Road, thence S 89 431 E 247 06 feet, along the Northern line of said County Road, thence N 64 141 E 117 80 feet more or less, along the Northwesterly line of said County Roan, to a point which is due North of the NE corner of Lot 9 in the Slade Acres Subdivision, according to the plat dated May 1, 1948, thence South 324 24 feet, more or less, to the SE corner of Lot 9 in saia Slade Acres Subdivision, thence West 288 96 feet, more or less, to the NW corner of Lot 14 in the Miller Brothers Subdivision, according to the plat dated May 5 1954, which subdivision is now a part of the City of Fort Collins Colorado, thence S 57 531 E 87 05 ieet, thence s 51 531 E 127 70 feet, thence S 49 051 E 190 70 feet, to the SW corner of Lot 13 in said Miller Brothers Subdivision, thence East 683 76 feet, to the SE corner of Lot 4 in said Miller Brothers Subdivision, thence N 0 231 W 250 00 feet, to the NE corner of Lot 1 in said Miller Brothers Subdivision, thence East 10 57 feet, thence S 0 201 E 330 00 feet, thence East 423 00 feet, and thence S 0 201 E 165 00 feet, to the point of beginning AND, WHEREAS, in the said applications and petitions the applicants for themselves and their grantees covenanted and agreed to and with the City of Fort Collins that upon the acceptance of said applications, it is expressly agreed and understood that the applicants and their grantees expressly covenant and agree that they will be bound by and will observe and obey the ordinances in effect at the time of the acceptance of said annexation of the subdivision respecting the installation and payment for local public improvements, and WHEREAS, said petitions were accepted by the Council of the City of Fort Collins by resolution passed and adopted on the 9th day of February A D 1956 and WHEREAS, notice for hearing on the 22nd day of March, A D 1956, on an ordinance approving the annexation of the above described territory and including the same within the limits and jurisdiction of the City of Fort Collins was duly published as provided by law, and WHEREAS, the Council of the City of Fort Collins has found that the peti- tions and the documents attached thereto meet the requirements of Article 11, Chapter 139 Colorado Revised Statutes 1953, and WHEREAS, a written counter-petition has been filed with the Clerk of the City of Fort Collins executed by persons who would have been qualified to sign the petition for annexation in a number of not less than two-thirds of the number of signatures on that petition, which said counter-petition is in substantial compliance with the provisions of Colorado Revised Statutes 1953, 139-11-3 and 139-11-4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 That after due consideration of the petitions for annexation that the petitions for the annexation of all the territory embraced in what is known and described as the Western Subdivision to the City of Fort Collins, Colorado, as shown by the plat thereof annexed to said petitions, be accepted and approved and that the said territory be annexed and made a part of the City of Fort Collins and be included within the limits and jurisdiction thereof, subject to decree of the County Court of Larimer County, Colorado as hereinafter provided Section 2 That in accepting and approving the plat of the Western Sub- division to the City of Fort Collins, the City of Fort Collins does not assume any obligations respecting the construction of water mains, sewer lines, gas mains, electric light lines or other services or utilities with respect to the service of said subdivision except as may be required and provided by the owners of property within the limits of said subdivision at their own expense and except as may be initiated by the owners of property within the limits of said subdivision in com- pliance with the terms and provisions of Ordinance No 7, 1921, relating to local public improvements as amended Section 3 That pursuant to the provisions of Colorado Revised Statutes 19533 139-11-4, the City Attorney shall petition the County Court of Lari.mer County, Colorado, for a decree annexing the above described territory to the City of Fort Collins, Colorado Introduced, considered favorably on first reading and ordered published this 22nd day of March, A D 1956, and to be presented for final passage on April 12, A D 1956 Mayor ATTEST �-�y C1er ^naed on final reading this 12th day of April, A D 1956 Mayor ATTEST City Cierk