HomeMy WebLinkAbout2017-095-10/17/2017-FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE WATER TREATMENT FACILIT RESOLUTION 2017-095
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
WATER TREATMENT FACILITY ANNEXATION NO. 4
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Water Treatment Facility Annexation No. 4, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Water
Treatment Facility Annexation No. 4 in accordance with the Municipal Annexation Act, Section
31-12-101, et seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the Water
Treatment Facility Annexation No. 4, more particularly described as situate in the County of
Larimer, State of Colorado, to wit:.,
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7,
IN SECTION 8, AND IN THE WEST HALF OF SECTION 9, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF
COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 9,
AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 9 TO BEAR N88054'50"W, SAID LINE BEING MONUMENTED ON
ITS EAST END BY A 3 ALUMINUM CAP STAMPED LS 20123, AND ON ITS
WEST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 34990, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE
SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER,
N88054'50"W, A DISTANCE OF 198.01 FEET TO A POINT ON THE WEST
BOUNDARY OF THE MOUNTAIN VIEW SCHOOL ANNEXATION TO THE CITY
OF FORT COLLINS;
THENCE ALONG SAID WEST BOUNDARY, S00033'03"W, A DISTANCE OF 30.00
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE "OF LAPORTE
AVENUE, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR
(4) COURSES:
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1. N88054'50"W, A DISTANCE OF 1,762.43 FEET;
2. S00023'29"W, A DISTANCE OF 10.00 FEET;
3. N88054'50"W, A DISTANCE OF 588.26 FEET;
4. 23.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A
RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90045'15", AND A
CHORD WHICH BEARS S45042'32"W A DISTANCE OF 21.35 FEET;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75048'1611W,
A DISTANCE OF 107.24 FEET TO THE POINT OF INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE SOUTHERLY RIGHT-
OF-WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
EIGHT (8) COURSES:
1. S88050'59"W, A DISTANCE OF 255.48 FEET;
2. N87052'23"W, A DISTANCE OF 536.14 FEET;
3. N01036'58"W, A DISTANCE OF 11.68 FEET;
4. S88014'24"W, A DISTANCE OF 496.33 FEET;
5. S87043'40"W, A DISTANCE OF 2,025.35 FEET;
6. ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN THE BARGAIN AND
SALE DEED RECORDED OCTOBER 30, 1963 IN BOOK 1226, PAGE 127,
N75057'18"W, A DISTANCE OF 996.25 FEET;
7. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK
1226, PAGE 127,N85044'28"W, A DISTANCE OF 966.93 FEET;
8. CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN BOOK
1226,N85051'l3"W, A DISTANCE OF 1,287.07 FEET;
THENCE CONTINUING ALONG THE RIGHT-OF-WAY LINE DESCRIBED IN
BOOK 1226, PAGE 127 THE FOLLOWING FOUR (4) COURSES:
1. S00047'02"W, A DISTANCE OF 278.19 FEET;
2. N89012'58"W, A DISTANCE OF 60.00 FEET;
3. N00047'02"E, A DISTANCE OF 1,110.00 FEET;
4. S89012'58"E, A DISTANCE OF 60.00 FEET TO A POINT ON THE
WESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE
INTERGOVERNMENTAL AGREEMENT RECORDED MARCH 20, 1980 IN
BOOK 2032, PAGE 855;
THENCE ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE
OF THAT PARCEL OF LAND DESCRIBED IN THE SPECIAL WARRANTY DEED
RECORDED JULY 3, 1984 IN BOOK 2278, PAGE 2163, N00047'02"E, A DISTANCE
OF 921.83 FEET;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL DESCRIBED IN
BOOK 2278, PAGE 2163,N89018'09"E, A DISTANCE OF 1,819.07 FEET;
THENCE ALONG THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN
BOOK 2278, PAGE 2163 AND ALONG THE EASTERLY LINE OF SAID PARCEL
DESCRIBED IN BOOK 2032, PAGE 855, SI1053'09"E, A DISTANCE OF 1,000.96
FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED
IN THE WARRANTY DEED TO PLATTE RIVER POWER AUTHORITY
RECORDED FEBRUARY 10, 1981 IN BOOK 2104, PAGE 896;
THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY
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BOUNDARIES OF SAID TRACT THE FOLLOWING THREE (3) COURSES:
1. S78°06'5I"W, A DISTANCE OF 175.01 FEET;
2. S 11°53'09"E, A DISTANCE OF 175.00 FEET;
3. N78006'51"E, A DISTANCE OF 173.57 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 2032, PAGE
855;
THENCE ALONG SAID EASTERLY LINE, S10051'20"E, A DISTANCE OF 15.10
FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, S49014'02"E, A
DISTANCE OF 1,450.69 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
ELEVEN (11) COURSES:
1. S75057'18"E, A DISTANCE OF 36.44 FEET;
2. N87043'40"E, A DISTANCE OF 1,584.77 FEET;
3. N00026'54"E, A DISTANCE OF 20.43 FEET;
4. S85038'55"E, A DISTANCE OF 188.73 FEET;
5. N87022'37"E, A DISTANCE OF 263.57 FEET;
6. N88023'15"E, A DISTANCE OF 654.58 FEET;
7. N00020'15"E, A DISTANCE OF 9.18 FEET;
8. N88023'15"E, A DISTANCE OF 325.79 FEET;
9. S00020'14"W, A DISTANCE OF 4.99 FEET;
10. N88023'15"E, A DISTANCE OF 246.47 FEET;
11. N54050'50"E, A DISTANCE OF 72.56 FEET TO THE POINT OF
INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF OVERLAND
TRAIL;
THENCE CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S69004'07"E,
A DISTANCE OF 90.46 FEET TO THE POINT OF INTERSECTION OF THE EAST
RIGHT-OF-WAY LINE OF OVERLAND TRAIL AND THE NORTHERLY RIGHT-
OF-WAY LINE OF LAPORTE AVENUE;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S69019'37"E, A
DISTANCE OF 26.19 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE,
S88054'50"E, A DISTANCE OF 2,345.88 FEET TO ITS INTERSECTION WITH THE
WESTERLY BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION
NO. 3;
THENCE ALONG SAID WESTERLY BOUNDARY, N89037'32"W, A DISTANCE OF
2,415.93 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S88012'10"E, A
DISTANCE OF 2,416.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 102.825 ACRES, MORE OR LESS.
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Water Treatment Facility Annexation No. 4 is in substantial compliance with the
Municipal Annexation Act in that the annexation petition contains the following:
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(1) An allegation that it is desirable and necessary that such area be annexed to the
municipality;
(2) An allegation that the requirements of Colorado Revised Statutes sections 31-12-
104 and 31-12-105 exist or have been met;
(3) An allegationAhat the signers of the petition comprise more than fifty percent of
the landowners in the area and own more than fifty percent of the area proposed to be
annexed, excluding public streets and alleys and any land owned by the annexing
municipality;
(4) The signatures of such landowners;
(5) A request that the annexing municipality approve the annexation of the area proposed
to be annexed;
(6) The mailing address of each such signer;
(7) The legal description of the land owned by such signer;
(8) The date of signing of each signature; and
(9) The affidavit of the circulator of such petition that each signature therein is the
signature of the person whose name it purports to be.
Section 4. That the City Council hereby finds and determines that the annexation
map, four copies total, accompanying the annexation petition for the Water Treatment Facility
Annexation No. 4 is in substantial compliance with the Municipal Annexation Act in that the
map contains the following:
(1) A written legal description of the boundaries of the area proposed to be annexed;
(2) A map showing the boundary of the area proposed to be annexed;
(3) Within the annexation boundary map, a showing of the location of each ownership
tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks; and
(4) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of any
other municipality abutting the area proposed to be annexed. -
Section 5. That the Notice attached hereto as Exhibit "A" is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
17th day of October, A.D. 2017.
Mayor
ATTEST:
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City Clery SEAL N J
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NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2017-095 initiating annexation proceedings for the Water Treatment Facility
Annexation No. 4, consisting of approximately 102.825 acres and generally starting at the
intersection of Sunset Street and Laporte Avenue and ending at 4316 Laporte Avenue, said
Annexation being more particularly described in Resolution 2017-095.
That, on November 21, 2017, 2017, at the hour of 6:00 p.m., or as soon thereafter as the
matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue,
Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the
annexation petition and zoning request for the purpose of finding and determining whether the
property proposed to be annexed meets the applicable requirements of Colorado law and is
considered eligible for annexation and for the purpose of determining the appropriate zoning for
the property included in the Annexation. At such hearing, any persons may appear and present
such evidence as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed.in the
Urban Estate ("U-E") and Residential Foothills ("R-F,") Zone Districts.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Dated this 17th day of October, A.D. 2017.
City Clerl
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