Loading...
HomeMy WebLinkAbout011 - 05/21/1954 - ANNEXING PROPERTY KNOWN AS THE NORTHWEST CONSOLIDATED ANNEXATION (EMERGENCY ORDINANCE) ORDINANCE NO 11 , 1954 BEING AN EMERGENCY ORDINANCE ACCEPTING AND APPROVING THE AMENDED PLAT OF WHAT IS KNOWN AS THE NORTHWEST CONSOLIDATED ANNEXATION 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 WITHIN THE LIMITATIONS AND JURISDICTION THEREOF PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 293(3) AND SECTION 293(4) OF CHAPTER 1633 OOLORADO STATUTES ANNOTATED, AND THE PROVISIONS OF ORDINANCE NO 1431924 WHEREAS, 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 86 persons purporting to be the owners of 75 64 percent of the land embraced in what is known as the North- west Consolidated Annexation 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 Northwest Consolidated Annexation 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 Part of the South z of the Northeast 4 and part of the South- east n of the Northwest 4 of Section 10, Township 7 North, Range 69 West of the 6th P M which is contained within the following described boundary linesi to-wit - Beginning at the Southeast corner of the Northeast a of said Section 10 and run- ning thence North, along the East line of said Section 10, 1323 23 feet, more or less, to the Northeast corner of the South Z of the Northeast a of said Section 10, thence West, along the North line of the South 2 of the Northeast 4 of said Section 10 2525 80 feet more or less, to a point which is 136 70 feet East of the Northwest corner of the South a of the Northeast 4 of said Section 10, thence South, parallel to the West line of the Northeast 4 of said Section 10, a distance of 466 70 feet, more or less, to a point which is 853 30 feet, North of the South line of the Northeast 4 of said Section 10, thence West 66 70 feet, parallel to the South line of the Northeast 4 of Said Section 10, thence South 346 30 feet parallel to the West line of the Northeast 4 of said Section 10, thence West 70 00 feet to a point on the West line of the Northeast 4 of said Section 10, which is 507 feet North of the Southwest corner of the Northeast 4 of said Section 10, thence West 180 00 feet, parallel to the South line of the Northwest a of said Section 10, thence South 507 00 feet, parallel to the East line of the Northwest 4 of said Section 10, to a point on the South line of the Northwest 4 of said Section 10, thence East 180 00 feet along the South line of the Northwest 4 of said Section 10 to the Southwest corner of the Northeast 4 of said Section 10 and thence East 2661 2 feet, more or less, along the South line of the Northeast 4 of said Section 10 to the point of beginning, 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, and WHEREAS, said petition was accepted by the City Council of the City of Fort Collins by resolution passed and adopted on the 26th day of March, A D 1954, and WHEREAS, notice for the hearing on the 7th day of May, A D 1954, on an ordinance approving the annexation of the above described territory and in- cluding 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 7th day of May, A D 1954, and action thereon was tabled until the 14th day of May, A D 1954, and further tabled on the 14th day of May, A D 1954, until the 21st day of May, A D 1954, and WHEREAS, the City Conncil of the City of Fort Collins has found that the petition and the documents attached thereto meet the requirements of Section 293(3) and 293(4). Chapter 163, Colorado Statutes Annotated, 1935, and the provisions of Ordinance 14, 1924, and WHEREAS, proceedings for an election to determine the question of annexation have been initiated byrwritten counter-petition, which said counter- -2- petition has been found and determined by the City Council of the City of Fort Collins not to meet the requirement of Section 293(3) and 293(4) of Chapter 163, Colorado Statutes Annotated, 1935, and not to qualify to require an election, and WHEREAS, a majority of the owners of real property in Tennyson Heights Subdivision have petitioned the City Council not to include Tennyson Heights Subdivision in the area to be annexed-to the City of Fort Collins, which said petition was signed by 46 land owners in said Tennyson Heights Subdivision, and WHEREAS, the City Council of the City of Fort Collins is of the opinion that the request of the counter-petitioners should be granted and that Tennyson Heights Subdivision with a small unplatted parcel adjacent thereto should be excluded from the area to be annexed to the City of Fort Collins BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS Section 1 That after due consideration of the petition for annexa- tion and the counter-petition heretofore filed that the petition for the annexation of all the territory embraced in what is known and described as the Northwest Consolidated Annexation to the City of Fort Collins, Colorado, as shown by the plat thereof annexed to said petition, be accepted and approved except as to the area known as Tennyson Heights Subdivision and a small un- platted parcel adjacent thereto, and that said territory which is more specifically described as follows, to-wit Part of the South 2 of the Northeast 4 and part of the Southeast 4 of the Northwest 4 of Section 10, Township 7 North, Range 69 West of the 6th P M which is contained within the following described boundary lines, to-wit Beginning at the Southeast corner of the Northeast a of said Section 10 and running thence North along the East line of Section 10 a distance of 733 93 feet, more or less, to the Southeast corner of the Tennyson Heights Subdivision, which point is 589 3 feet South of the Northeast corner of the -3- South 2 of the Northeast 4 of said Section 10, thence West 665 25 feet, parallel to the North line of the South 2 of the Northeast 4 of said Section 10, thence North 72 3 feet, more or less, to a_point on the South line of the Tennyson Heights Subdivision which is 517 feet South of the North line of the South 2 of the Northeast 4 of said Section 10, thence West 675 75 feet, more or less, to the East line of the Southwest 4 of the Northeast 4 0£ said Section 10, thence North 517 feet to the Northeast corner of the Southwest 4 of the North- east 4 of said Section 10, thence West 1,194 55 feet more or less, along the North line of the Southwest 4 of the Northeast 4 of said Section 10 to a point which is 136 70 feet East of the Northwest corner of the Southwest 4 of the Northeast 4 of said Section 10, thence South 466 70 feet, more or less, parallel to the West line of the Northeast 4 of said Section 10, to a point which is 853 30 feet North of the South line of the Northeast a of said Section 10, thence West 66 70 feet parallel to the South line of the Northeast a of said Section 10, thence South 346 30 feet, parallel to the West line of the Northeast 4 of said Section 10, thence West 70 00 feet to a point on the West line of the Northeast 4 of said Section 10, which is 507 feet North of the Southwest corner of the Northeast 4 of said Section 10, thence West 180 00 feet parallel to the South line of the Northwest 4 of said Section 10, thence South 507 feet, parallel to the East line of the Northwest 4 of said Section 10, to a point on the South line of the Northwest 4 of said Section 10, thence East 180 00 feet, along the South line of the Northwest 4 of said Section 10, to the Southwest corner of the Northeast 4 of said Section 10, and thence East 2,661 2 feet, more or less, along the South line of the Northeast 4 of said Section 10, to the point of beginning, 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 Engineer prepare an amended plat of Northwest Consolidated Annexation to the City of Fort Collins, Colorado, in accordance with the above described territory Section 3 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 an amended plat of said Northwest Consolidated Annexation 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 -4- 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 amended plat and approving Ordinance with the Secretary of the State of Colorado Section 4 That in accepting and approving the amended plat of the Northwest Consolidated Annexation 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 of Ordinance No 7, 1921, relating to local public improvements as amended, Section 5 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 21s tday of May, A D 1954 ,ommssio er of Sarety and &PLOrricio 7 r ATTEST City Clerk -5- 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 five sections, was duly proposed and read at length at a regular meeting of the City Council, held on the 21st day of May, 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 2 th day of May , A D 1954, said Ordinance No 11 was duly published in the Fort Collins Coloradoan, a daily 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 25th day of May , A D 1954 City Clerk ..6-