HomeMy WebLinkAbout2011-086-09/20/2011-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF TH RESOLUTION 2011-086
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS
OF ANNEXED PROPERTIES WITHIN THE TERRITORY
OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND THE
TERRITORY OF THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT
WHEREAS, in 2010, the City completed the McMurry Natural Area annexation and the
Fossil Creek 392 annexation; and
WHEREAS,the property annexed in the McMurry Natural Area annexation was within the
Poudre Valley Fire Protection District,and the property annexed in the Fossil Creek 392 annexation
was within the Windsor-Severance Fire Protection District; and
WHEREAS, C.R.S. Section 32-1-502 requires an order of exclusion from the district court
to remove annexed properties from special district territories; and
WHEREAS, under the provisions of C.R.S. Section 32-1-502(2)(a), any order excluding
property from the boundaries of a special district requires the governing body of the annexing
municipality to agree, by resolution, to provide the services previously provided by the special
district to the area described in the petition for exclusion from and after the effective date of the
exclusion order; and
WHEREAS,from the date of such annexations,the City has provided municipal services to
said properties, including police and fire services; and
WHEREAS,the residents within the properties described on Exhibit"A"attached hereto and
incorporated herein by this reference(the"Annexed Properties")have paid ad valorem property taxes
to the Poudre Valley Fire Protection District or the Windsor-Severance Fire Protection District for
fire protection services prior to annexation and, subsequent to annexation, will instead pay ad
valorem property taxes to the City for City services, including fire protection; and
WHEREAS, it is the desire and intent of the City Council to reflect by this Resolution its
willingness to provide fire protection services to the annexed properties within the McMurry Natural
Area annexation and to exclude all such properties from the Poudre Valley Fire Protection District;
and, to do the same for the properties within the Fossil Creek 392 annexation and to exclude those
properties from the Windsor-Severance Fire Protection District; and
WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the
fire districts in accordance with law and to allow for the provision of fire protection services to such
properties by the Poudre Fire Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby agrees that the properties within the McMurry
Natural Area annexation should be excluded from the Poudre Valley Fire Protection District.
Section 2. That the City Council hereby agrees that the properties within the Fossil
Creek 392 annexation should be excluded from the Windsor-Severance Fire Protection District.
Section 3. That the City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to CRS Section 32-1-502 for an order to exclude the
Annexed Properties as described above, the boundaries of which are described on Exhibit"A".
Section 4. That the City Council hereby agrees to provide fire protection service,through
the Poudre Fire Authority, to the Annexed Properties.
Section 5. That the City Council hereby finds that a plan for the disposition of assets of
either the Poudre Valley Fire Protection District or the Windsor-Severance Fire Protection District
is not necessary.
Section 6. That the City Manager is authorized to enter into agreements with the fire
protection districts for the continuation of services for the Annexed Properties, which agreements
shall be substantially in the form of Exhibit`B" attached hereto, subject to such modifications as
the City Manger may,in consultation with the City Attorney,deem necessary to protect the interests
of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of September A.D. 2011.
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EXHIBIT A
FOSSIL CREEK 392
A TRACT OF LAND SITUATE IN THE COUNTY OF LARIMER, STATE OF
COLORADO, TO WIT:
NW 1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE
6TH P.M., LARIMER COUNTY, COLORADO. CONSIDERING THE NORTH
LINE OF SAID SECTION 22 AS BEARING N 890 40' 32" E AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING
AT THE NW CORNER OF SAID SECTION 22, THENCE N 890 40' 32" E,
60.01' TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ON THE NORTH LINE OF SAID SECTION 22,
-SAID LINE ALSO BEING THE CENTERLINE OF A COUNTY ROAD N 890
40'32" E, 1214.38 FEET; THENCE LEAVING SAID SECTION LINE S 000 19'
28" E, 33.41 FEET TO THE WESTERLY RIGHT OF WAY LINE OF
INTERSTATE 25, THENCE CONTINUING ALONG SAID RIGHT OF WAY
LINE ON THE FOLLOWING COURSES:
S 810 21' 28" E, 303.80 FEET;
N 890 33' 02" E, 450.02 FEET;
S 310 12' 58" E, 553.67 FEET;
S 180 25' 02" E, 70.21 FEET;
a
THENCE LEAVING SAID RIGHT OF WAY LINE S 890 34' 58"W, 2279.35
FEET; THENCE NO 000 28' 50"E, 625.37 FEET TO THE POINT OF
BEGINNING. THUS DESCRIBED TRACT CONTAINS 28.974 ACRES AND
IS SUBJECT TO A 30 FOOT RIGHT OF WAY ALONG THE NORTH SIDE
FOR COUNTY ROAD AND ANY EASEMENTS OR RIGHTS OF WAY AS
NOW OF RECORD.
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MCMURRY NATURAL AREA ANNEXATION
A tract of land located in the south half of Section 2, Township 7 North, Range 69
West of the Sixth Principal Meridian, Larimer County, Colorado, being more
particularly described as follows;
Considering the west line of the Southwest Quarter of the said Section 2 as
bearing South 00 degrees 39 minutes 49 seconds West between a 2.5" Aluminum
Cap monument PLS 4502 at the West Quarter corner of Section 2 and a 3"
Aluminum Cap monument PLS 20123 at the Southwest corner of Section 2, based
upon GPS observation and the City of Fort Collins coordinate base, and with all
bearings contained herein relative thereto;
Commencing at the said West Quarter corner of Section 2;
THENCE along the west line of the said Southwest quarter of Section 2, South 00
degrees 39 minutes 49 seconds West for a distance of 120.00 feet to the south line
of that certain tract of land described in a Warranty Deed recorded September 17,
2004 at Reception No. 20040091973 records of the Clerk and Recorder of the said
Larimer County;
THENCE along the said south line, South 89 degrees 19 minutes 41 seconds East
for a distance of 30.00 feet to the east right of way of North Shields Street, and to
the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said south line, South 89 degrees 19 minutes 41
seconds East for a distance of 420.00 feet to the east line of the said tract
described at Reception No. 20040091973;
THENCE along the said east line, North 00 degrees 39 minutes 49 seconds East
for a distance of 120.00 feet to the north line of the said southwest quarter of
Section 2;
THENCE along the said north line, South 89 degrees 19 minutes 41 seconds East
for a distance of 1466.41 feet to the easterly line of that certain tract of land
described in a Warranty Deed recorded February 1, 1962 in Book 1163 at Page
552 records of the said Clerk and Recorder;
THENCE along the said easterly line the following ten (10) courses and distances,
(1) South 10 degrees 00 minutes 19 seconds West for a distance of 241.70 feet;
(2) South 34 degrees 02 minutes 41 seconds East for a distance of 148.78 feet;
(3) South 60 degrees 23 minutes 41 seconds East for a distance of 232.97 feet;
(4) South 89 degrees 19 minutes 41 seconds East for a distance of 473.50 feet to
the east line of the said Southwest Quarter of Section 2;
(5) along the said east line, South 00 degrees 26 minutes 45 seconds West for a
distance of 94.30 feet;
(6) leaving the said east line, South 89 degrees 21 minutes 26 seconds East for a
distance of 104.40 feet;
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(7) South 09 degrees 31 minutes 41 seconds East for a distance of 81.68 feet;
(8) South 27 degrees 03 minutes 41 seconds East for a distance of 267.53 feet;
(9) South 33 degrees 13 minutes 19 seconds West for a distance of 239.84 feet;
(10)South 47 degrees 36 minutes 19 seconds West for a distance of 153.11 feet to
the said east line of the Southwest Quarter of Section 2;
THENCE along the said east line, South 00 degrees 26 minutes 45 seconds West
for a distance of 102.25 feet to the southwesterly line of that certain tract of land
described in a Warranty Deed recorded August 12, 1980 in Book 2061 at Page
621 records of the said Clerk and Recorder;
THENCE along the said southwesterly line,North 23 degrees 10 minutes 38
seconds West for a distance of 100.58 feet to the southerly line of that certain tract
of land described in a Warranty Deed recorded November 8, 1979 in Book 2003
at Page 881 records of the said Clerk and Recorder;
THENCE along the said southerly line,North 52 degrees 53 minutes 59 seconds
West for a distance of 134.49 feet to the southerly line of that certain tract of land
described in a Warranty Deed recorded February 1, 1962 in Book 1163 at Page
554 records of the said Clerk and Recorder;
THENCE along the said southerly line as described in Book 1163 at Page 554,
North 63 degrees 07 minutes 41 seconds West for a distance of 69.90 feet;
THENCE continuing along the said southerly line,North 68 degrees 57 minutes
41 seconds West for a distance of 46.95 feet returning to the.said southerly line as
described in Book 2003 at Page 881;
THENCE along the said southerly line as described in Book 2003 at Page 881 the
following three (3) courses and distances, (1) South 84 degrees 50 minutes 25
seconds West for a distance of 185.62 feet;
(2) South 69 degrees 17 minutes 06 seconds West for a distance of 192.35 feet;
(3)North 76 degrees 55 minutes 09 seconds West for a distance of 6.29 feet
returning to the said southerly line as described in Book 1163 at Page 554;
THENCE along the said southerly line as described in Book 1163 at Page 554,
South 66 degrees 19 minutes 19 seconds West for a distance of 18.58 feet;
THENCE continuing along the said southerly line,North 65 degrees 13 minutes
41 seconds West for a distance of 54.88 feet returning to the said southerly line as
described in Book 2003 at Page 881;
THENCE along the said southerly line as described in Book 2003 at Page 881 the
following four (4) courses and distances, (1)North 76 degrees 55 minutes 09
seconds West for a distance of 98.15 feet;
(2)North 66 degrees 50 minutes 19 seconds West for a distance of 201.58 feet;
(3)North 83 degrees 44 minutes 02 seconds West for a distance of 208.68 feet;
(4) South 89 degrees 14 minutes 21 seconds West for a distance of 139.43 feet to
the southerly line of certain tract of land described in a Warranty Deed recorded
July 27, 1979 in Book 1973 at Page 059 records of the said Clerk and Recorder;
THENCE along the said southerly line as described in Book 1973 at Page 059 the
following eight (8) courses and distances, (1) South 88 degrees 48 minutes 10
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seconds West for a distance of 13.42 feet;
(2) South 84 degrees 05 minutes 19 seconds West for a distance of 126.74 feet;
(3)North 82 degrees 54 minutes 13 seconds West for a distance of 192.08 feet;
(4)North 62 degrees 04 minutes 03 seconds West for a distance of 187.02 feet;
(5)North 44 degrees 23 minutes 40 seconds West for a distance of 222.05 feet;
(6)North 38 degrees 01 minutes 50 seconds West for a distance of 330.57 feet;
(7)North 59 degrees 23 minutes 10 seconds West for a distance of 111.76 feet;
(8)North 70 degrees 32 minutes 16 seconds West for a distance of 352.40 feet to
the said east right of way of North Shields Street;
THENCE along the said east right of way,North 00 degrees 39 minutes 49
seconds East for a distance of 236.41 feet to the point of beginning.
The above described tract contains 48.793 acres more or less.
Page 4 of 4
EXHIBIT B
r
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
( FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT, is made and entered into this day of , 2011, by
and among the CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation
(hereinafter "City"), and the FIRE PROTECTION DISTRICT, a special statutory
district within the State of Colorado (hereinafter "District");
WHEREAS, the City has recently filed pursuant to Section 32-1-502(1)(a), C.R.S., a
Petition with the District Court in and for Latimer County, Colorado for an Order excluding
certain properties from the territory of the District, which properties are shown on Exhibit "A"
hereto attached, the contents of which are incorporated by reference herein; and
WHEREAS, said Petition is premised upon the prior annexation and inclusion of 'said
properties within the municipal boundaries of the City; and
WHEREAS, it is the mutual desire of the City and the District to set forth their
understanding and agreement with regard to the continuation of fire protection services to said
properties, as well as remaining properties within the boundaries of the District and Poudre Fire
Authority, as defined below;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
obligations herein contained, the parties agree:
1. From and after the effective date of any Order of Exclusion issued by the District
Court in response to the City's Petition, filed pursuant to Section 32-1-502(1)(a), which effective
date is anticipated to be January 1, 2012, the City will continue to assume full and complete
responsibility for fire protection services to the properties shown on Exhibit "A" hereto attached,
the contents of which are incorporated by this reference. Such fire protection services shall be
provided by Poudre Fire Authority ("PFA")pursuant to that certain intergovernmental agreement
effective November 3, 1987, by and among the City and the District.
2. From and after the effective date of the Exclusion Order entered by the District
Court in and for Latimer County, Colorado, the District shall have no further liability or
responsibility with regard to the provision of fire protection services for such properties or any
improvements thereon, other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire and rescue services.
3. From and after the effective date of any Exclusion Order entered by the District
Court in and for Latimer County, Colorado, the District agrees that the properties shown on
Exhibit "A" shall be free from taxation by the District, other than mill levies assessed for
purposes of paying outstanding bonded indebtedness and interest thereon, owed by the District
effective immediately prior to the effective date of such Exclusion Order. Exclusion of the
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requested property from the District and entry of an Exclusion Order by the District Court shall
not affect any claim the District may have or the District's ability to make such claim for taxes
which were certified by the District prior to the effective date of the Exclusion Order.
4. The District will retain ownership of all equipment and facilities now owned by
the District, including such facilities as may be located within the municipal boundaries of the
City of Fort Collins, if any.
5. The District will, through its agreement with PFA, continue to provide fire
protection services to those properties located within the boundaries of the District, as modified
by the exclusion of territory pursuant to the anticipated Exclusion Order requested from the
District Court.
J
6. In the event that any bonded indebtedness exists as of the effective date of the
anticipated Exclusion Order, the Board of Directors of the District shall continue to assess a
proportional mill levy against the properties identified on Exhibit "A" hereto attached, together
with other properties within the boundaries of the District, sufficient to repay the principal and
accrued interest on any such bonded indebtedness in accordance with the terms and provisions of
the instruments pursuant to which said obligations have been created and incurred.
7. Nothing within this Agreement shall modify or terminate any obligations of the
City or the District with respect to existing obligations under the intergovernmental agreement
forming the PFA, including any future amendments or modifications thereto as the parties may
hereafter agree.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
CITY OF FORT COLLINS, COLORADO,
ATTEST: a municipal home-rule corporation
City Clerk Darin Atteberry, City Manager
Approved as to form:
Assistant City Attorney
Page 2 of 3
FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
By:
Chairman, Board of Directors
Approved as to form:
By:
Attorney for Respondent
Fire Protection District
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