HomeMy WebLinkAbout017 - 07/09/1954 - ANNEXING PROPERTY KNOWN AS THE MILLER BROTHERS SUBDIVISION (EMERGENCY ORDINANCE) ORDINANCE NO 17 , 1954
BEING AN EMERGENCY ORDINANCE ACCEPTING AND APPROVING THE PLAT OF WHAT IS
KNOWN AS THE MILLER BROTHERS SUBDIVISION TO THE CITY OF FORT COLLINS,.
COLORaDO, AND AUTHORIZING THE ANNEXATION OF ALL THE TERRITORY EMBRACED 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 WITHIN91THE LIMITATIONS AND JURIS-
DICTION THEREOF PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 293(3) AND
SECTION 293(4) of CHAPTER 163, COLORADO STATUTES ANNOTATED, AND THE
PROVISIONS OF ORDINANCE NO 143 1924
VHEREAS, heretofore a written petition has been presented to the City
Council of the City of Fort Collins in substantial compliance with the
provisions of Chapter 314, Session Laws of Colorado, 1947, by individuals
purporting to be the owners of all of the land embraced in what is known
as the Miller Brothers Subdivision to the City of Fort Collins wherein and
whereby said petitioners and applicants petitioned the City of Fort Collins
for the annexation of all the territory embraced in what is known as the
Miller Brothers Subdivision to the City of Fort Collins, Colorado, comprising
the lands shown in the plat thereof annexed to said petition and more
particularly described as follows, to-wit
A portion of the NW4 of the NE4 of Section 15, Township 7
North, Range 69 'west of the 6th P.M., Larimer County,
Colorado, contained within boundary ].fines beginning at a
point which is 495 feet South of the North line of the NE4
of said Section 15 and 191 feet West of the East line of
the NW4 of the NE!" of said Section 15 and running thence
S 00' 23T E 250 00 feet, parallel to the East line of the
NW-14 of the NE4 of said Section 15, thence West 683 76 feet,
parallel to the North line of the NE4 of said Section 15,
to the Easterly line of the right-of-way of the Larimer
County Canal No 2, as now established and used, thence N
49'o5t W 190.70-feet, along the Easterly line of said
right-of-way, thence N 51053t W 127 70 feet, along the
Easterly line of said right-of-way, thence N 57053t W
87 05 feet, more or less, along the Easterly line of said
right-of-way, to a point which is 495 00 feet South of the
North line of the NE4 of said Section 15, and thence East
1000 39 feet, more or less, to the point of beginning, which
land has been subdiviaed and platted into Lots and is known
as the Miller Brothers Subdivision,
AND, WHEREAS, in the said application and petition the applicants for
themselves and their grantees covenanted and agreed to and with the City of
Fort Collins that upon the acceptance of said application, 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 addition respecting the installation and payment for local public
improvements, ana
WHEREAS, said petition was accepted by the City Council of the City
of Fort Collins by resolution passed and adopted on the 28th day of May,
A D 1954, and
WHEREAS, notice for the hearing on the 9th day of July, A. D 1954,
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, hearing on the within ordinance was had on the 9th day of
July, A D 1954, and no proceedings for an election to determine the
question of annexation have been initiated by written counter-petition or
otherwise, and
WHEREAS, the City Council of the City of Fort Collins has found
that the petition and the documents attached thereto meet the requirements
of Section 293(3) and Section 293(4), Chapter 163, Colorado Statutes
Annotated, 1935, and the provisions of Ordinance No 14, 1924,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That after due consideration of the petition for annexation
that the petition for the annexation of all the territory embraced in what
is known and described as the Miller Brothers Subdivision to the City of
Fort Collins, as shown by the plat thereof annexed to said petition, be
accepted and approved and that said territory which is more specifically
described as follows, to-wit
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A portion of the NW14 of the NE4 of Section 15, Township 7
North, Range 69 West of the 6th P.M , Larimer County,
Colorado, contained within boundary lines beginning at a
point which is 495 feet South of the North line of the NE4
of said Section 15 and 191 feet West of the East line of
the NW41 of the NE4 of said Section 15 and running thence
S 00' 23t E 250 00 feet, parallel to the East line of the
NW4 of the NE4 of said Section 15, thence West 683 76 feet,
parallel to the North line of the NE4 of said Section 15,
to the Easterly line of the right-of-way of the Larimer
County Canal No 2, as now established and used, thence N
49*051 W 190.70 feet, along the Easterly line of said
right-of-way, thence N 51053t W 127 70 feet, along the
Easterly line of said right-of-way, thence N 57°531 W
87 05 feet, more or less, along the Easterly line of said
right-of-way, to a point which is 495 00 feet South of the
North line of the NE4 of said Section 15, and thence East
1000 39 feet, more or less, to the point of beginning, which
land has been subdivided and platted into Lots and is known
as the Miller Brothers Subdivision,
be annexed and made a part of the City of Fort Collins and be included within
the limits and jurisdiction thereof
Section 2 That the City Clerk be and he is hereby authorized and
directed to prepare certified copies of this Ordinance to each of which shall
be attached a plat of said Miller Brothers Subdivision to the City of Fort
Collins, Colorado, and shall file one copy thereof in the office of the Clerk
and Recorder of the County of Larimer, and another copy thereof in the office
of the Clerk of the City of Fort Collins, together with a certified copy of
the said petition, and another copy of said plat and approving Ordinance
with the Secretary of the State of Colorado
Section 3 That in accepting and approving the plat of Miller Brothers
Subdivision to the City of Fort Collins, Colorado, 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 addition except as may be required and
provided by the owners of property within the limits of said addition at
their own expense and except as may be initiated by the owners of property
within the limits of said addition in compliance with the terms and provisions
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of Ordinance No 7, 1921, relating to local public improvements as amended
Section 4 In the opinion of the City Council an emergency exists
for the preservation of the public health, peace and safety and this Ordinance
shall take effect upon its passage under and by virtue of the authority
contained in Sections 6 and 7, of Article IV of the City Charter
Introduced, read at length, and adopted by the unanimous vote of all
members of the City Council, at a regular meeting held this 9th day of
July, A D 1954
Commis > n r of Safety a Ex-0 >_ Mayor
ATTEST
City Clerk
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STATE OF COLORADO)
) ss
COUNTY OF LARIMER)
I, MILES F HOUSE, City Clerk of the City of Fort Collins, do
hereby certify and declare that the aforesaid Ordinance, consisting of
four sections, was duly proposed and read at length at a regular meeting
of the City Council, held on the 9th day of July, A D 1954, and was
duly adopted and ordered published in the Fort Collins Coloradoan, a daily
newspaper and official newspaper of the City of Fort Collins, by the
unanimous vote of all members of the City Council, as an Emergency Ordinance,
in accordance with the provisions of Sections 6 and 7 of Article IV of the
City Charter, and thereafter and on, to-wit the 13th day of July ,
A D 1954, said Ordinance No _was duly published in the Fort Collins
Coloradoan, a daJLy newspaper published in the City of Fort Collins, Colorado
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of said City, this 13th day of July , A D 1954
City Clerk
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