HomeMy WebLinkAbout2019-024-02/19/2019-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF TH RESOLUTION 2019-024
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 AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH SAID DISTRICT
WHEREAS, in 2018,the City annexed eight properties within the territory of the Poudre
Valley Fire Protection District (the"District"); and
WHEREAS, Colorado Revised Statutes ("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), an 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 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 District for fire protection services prior to exclusion, and subsequent to
exclusion, 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 and to exclude the
Annexed Properties from the District; and
WHEREAS,the City Council wishes to properly exclude the Annexed Properties from the
District in accordance with law and to allow for the provision of fire protection services to such
properties by the Poudre Fire Authority, Which is an independent entity providing fire protection
services to both the District and the City pursuant to an intergovernmental agreement.
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 agrees that the Annexed Properties should be
excluded from the District.
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Section 3. That the City Council hereby authorizes the City Attorney to file a petition
in the Larimer County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude
the Annexed Properties, 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
or continuation of service is unnecessary as the Poudre Fire Authority has in the past served, and
continues to serve, both the District and the City.
Section 6. That the City Manager is authorized to enter into an agreement with the
District for the continuation of services for the Annexed Properties, which agreement shall be
substantially in the form of Exhibit`B"attached hereto, subject to such modif cations as the City
Manager may,in consultation with the City Attorney,deem necessary or appropriate to protect the
interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th
day of February,A.D. 2019.
Mayor
ATTEST:
FORT
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city cl
COIORPOO
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EXHIBIT A
WATER TREATMENT FACILITY ANNEXATION NO. 1
A TRACT OF LAND LOCATED 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'SO''UV, SAID LINE BEING MONUMEN'fED ON ITS EAST END BY A :k
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, N88-54'50'1N, 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, SAID POINT BEING THE
POINT OF BEGINNING;
THENCE ALONG SAID WEST BOUNDARY, S00°33'03'W,A DISTANCE OF 30.00 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE;
THENCE N7P23'52"W, A DISTANCE OF 150.27 FEET;
THENCE N79°31'38"E, A DISTANCE OF 149.72 FEET TO THE POINT OF INTERSECTION
OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WEST BOUNDARY
OF SAID MOUNTAIN VIEW SCHOOL ANNEXATION;
THENCE ALONG SAID WEST BOUNDARY, S00°33'03"W, A DISTANCE OF 30.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 4,409 SQUARE FEET (0.101 ACRES), MORE OR LESS
WATER TREATMENT FACILITY ANNEXATION NO. 2.
A TRACT OF LAND LOCATED 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 N88°54`50"W, SAID LINE BEING MONUMENTED ON ITS EA$T 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, S0003.3'03"NV, 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 N86°27'28"W, A.DISTANCE OF 700.00 FEET;
THENCE N68W'40"E, A DISTANCE OF 69.9.44 FEET TO THE POINT OF INTERSECTION
OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY
BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 1;
THENCE ALONG SAID WESTERLY BOUNDARY, S79031'38'W, A DISTANCE OF 149.72
FEET;
THENCE.CONTINUING ALONG SAID WESTERLY'BOUNDARY, S77°23'52"E, ADISTANCE'
OF 150.27 FEET TO THE POINT OF BEGINNING.
CONTAINING 16,5.6.3 SQUARE FEET (0.380 ACRES), MORE OR LESS
WATER TREATMENT FACILITY ANNEXATION NO. 3
A TRACT OF LAND LOCATED 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 N88°54'50'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, N88°54'50'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, S00°33'03'W' ,A DISTANCE OF30.00 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE, SAID POINT BEING
THE POINT'OF BEGINNING;
THENCE N68012'10'W, A DISTANCE OF 2,416.49 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 9;
THENCE S89037'32"E, A DISTANCE OF 2,415.93 FEET TO THE'POINT OF INTERSECTION
OF THE NORTH RIGHT-OF-WAY LINE OF LAPORTE AVENUE AND THE WESTERLY
BOUNDARY OF WATER TREATMENT FACILITY ANNEXATION NO. 2;
THENCE ALONG SAID WESTERLY BOUNDARY, S88°37'40"W, A DISTANCE OF 699.44
FEET;
THENCE'CONTINUING ALONG SAID WESTERLY BOUNDARY, 986027'28"E, A DISTANCE
OF 700.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 51,508 SQUARE FEET (1.182 ACRES), MORE OR LESS
f
WATER TREATMENT FACILITY ANNEXATION NO. 4
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 N88°54M'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, N88-54'50"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, S00°33'03"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:
1. N88°54'50"W, A DISTANCE OF 1,762.43 FEET;
2. S00023'29m, A DISTANCE OF 10.60 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 90-45-15", AND A CHORD WHICH BEARS
S45042'32"W A DISTANCE OF 21.35 FEET;
THENCE,CROSSING THE RIGHT OF WAY OF OVERLAND TRAIL, S75°48'16"W, 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. N01°3W 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, N85-44'28-W, A DISTANCE OF 966.93 FEET;
8. CONTINUING ALONG THE RIGHT-OF-WAY LINE.DESCRIBED IN BOOK 1226,
N85°51'13"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. S00°47'02'W,A DISTANCE OF 278.19 FEET;
2. N89012'S8"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, N00'47'02"E,A DISTANCE OF 921.83 FEET;
THENCE ALONG THE NORTHERLY LINE,OF SAID PARCEL DESCRIBED IN BOOK 2278,
PAGE 2163, N89°18'09"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, S11°53'09"E, A DISTANCE OF 1,000.66 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 BOUNDARIES OF
SAID TRACT THE FOLLOWING THREE (3) COURSES:
1. S78006'51"W, A DISTANCE OF 175.01 FEET;
2. S11°53'09"E, A DISTANCE OF 175.00 FEET;
3. N78°06'51"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, S10°51'20"E', A DISTANCE OF 15.10 FEET;
THENCE CONTINUING ALONG SAID EASTERLY LINE, S49°14'02"E, A DISTANCE OF
1,460.69 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. 675057'18"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. S85-38'55"E,.A DISTANCE,OF 188.73 FEET;
5. N87-22'37"E, A DISTANCE OF 263.57 FEET;
6. N88-23-15"E, A DISTANCE OF 654.58 FEET;
7. N00626'15"E, A DISTANCE OF 9.18 FEET;
8. N88-23'15"E, A DISTANCE OF 325.79 FEET;
9. S00°20'14"W, A DISTANCE OF 4.99 FEET;
10.N88 TT15"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, S88-54'50"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, N89-37'32"W, A-DISTANCE OF 2,415.93
FEET TO THE WEST QUARTER CORNER OF SAID SECTION 9;
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY, S88-12'10"E, A.DISTANCE
OF 2,416.40 FEET TO THE POINT OF BEGINNING.
CONTAINING 102.825 ACRES, MORE OR LESS
AWEIDA ANNEXATION
A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West
of the 6th P.M., being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 3.3 as bearing South
00°06'18" East and with all bearings contained herein relative thereto:
BEGINNING at the East Quarter comer of said Section 33;thence along the East,line of
the Southeast Quarter of said Section 33, said line also being the West line of the
Horsetooth Harmony West Annexation to the City of Fort.Collins as recorded at Book
1873, Page 735 Larimer County Clerk and Recorder, South 00'06'18" East, 162.20 feet;
thence departing said line, South 89053'42"West, 30.95 feet to a point on the West right
of way line of South Taft Hill Road;thence along the South line of a parcel of land recorded
at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89'53'33"
West, 152.83 feet;thence along the West line of said parcel of land, North 0001 T50"East,
131:75 feet; thence departing said line, North 00*15'33"West, 59.96 feet to a point on the
South line of a parcel of land recorded at Reception No. 20070027676 Larimer County
Clerk and Recorder; thence along said line, North 89°44'26" East, 98.37 feet to the
Southwest comer of a parcel of land recorded at Reception No. 20060042003 Larimer
County Clerk and Recorder; thence along said parcel the following four (4) courses and
distances, North 00008'23" East, 20.00 feet; thence, North 89°44'27" East, 20.00 feet;
thence, North 60°00'06" East, 10.00 feet; thence, North 89044'29" East, 15.02 feet to a
point on the West right of way Tine of South Taft Hill road;thence departing said line,South
89051'37" East, 50.00 feet to point on the East line of the Northeast Quarter of Section
33; thence, South 60008'23"West, 59.65 feet to the Point of'Begin ning.
The above described tract of land contains 37,537 square feet or 0.862 acres, more or
less.
EAST GATEWAY ANNEXATION
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68
WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10,AND CONSIDERING THE SOUTH
LINE OF THE SOUTHWEST QUARTER.OF SAID SECTION'10 TO BEAR,S89°23'02"E,SAID LINE BEING
MONUMENTED ON ITS WEST END BY A 3"BRASS CAP STAMPED LS 23503, AND ON ITS EAST END BY
A 2-112"ALUMINUM CAP STAMPED LS 31169, 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 THE SOUTHWEST QUARTER OF SAID SECTION 10,S89 23'02"E,
A DISTANCE OF 1,427.40 FEET;
THENCE N00°36'58"E, A DISTANCE OF 30.90 FEET;
THENCE N69023'46''W,A DISTANCE OF 89.48 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
ON THE NORTHERLY RIGHT=OF-WAY LINE OF STATE HIGHWAY 14 (EAST MULBERRY STREET);
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N69°2346"W,A DISTANCE OF 211.18 FEET
TO THE MOST WESTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO THE COLORADO
DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED JUNE 11, 2009 AT
RECEPTION NO. 20090038617;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, S89°47'6T'E,A DISTANCE OF 193.56
FEET TO A POINT ON THE WESTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE
WARRANTY DEED RECORDED APRIL 12,.2002 AT RECEPTION NO. 2062051529;
THENCE ALONG SAID WESTERLY BOUNDARY, NOO°37'38"E,A DISTANCE OF 2,453.85 FEET TO A
POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BNSF RAILWAY;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89°02'25"W,A DISTANCE OF 470.00 FEET;
THENCE N83°54'03"W,A DISTANCE OF 558.15 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF SAID BNSF RAILWAY;
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE S8900226"E, A DISTANCE OF 1,044.00 FEET;
THENCE ALONG THE NORTHERLY EXTENSION OF THE TOP BACK OF AN EXISTING CURB, ALONG
SAID TOP BACK OF CURB,AND ALONG THE SOUTHERLY EXTENSION OF SAID TOP BACK OF CURB,
THE FOLLOWING FIVE (5) COURSES:
1. S00°12'51"W,A_DISTANCE OF 920.13 FEET;
2. 34.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF'250.00 FEET,
A CENTRAL ANGLE OF 6765T62", AND'A CHORD WHICH BEARSSO4tel' "W,A DISTANCE OF 34.22
FEET;
3. S08°03'43"W,A DISTANCE OF 96.07 FEET;
4. 31.86.FEET ALONG THE ARC OF ACURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET,.A
CENTRAL 18'ANGLE OF 07° 07",AND A CHORD WHICH BEARS SO4°24'40"W,A DISTANCE OF 31.84
FEET;
5. S00°45'36"W,A DISTANCE OF 1,496.03 FEET TO THE POINT OF BEGINNING;
CONTAINING 76;962 SQUARE FEET(1.767 ACRES), MORE OR LESS.
HUGHES STADIUM
A parcel of land situate in the East Half of Section 20, Township 7 North, Range 69 West
of the 6th P.M., being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 20 as bearing South
00016'26"West and with all bearings contained herein relative thereto:
BEGINNING at the Southeast corner of Foothills Annexation to the City of Fort Collins,
recorded at Book 1439 Page 17 Larimer County Clerk and Recorder, said corner also
being the Northwest corner of Becksted Addition to the City of Fort Collins recorded at
Reception No, 910170 Larimer county Clerk and Recorder; thenceialong the West line of
said Becksted Addition, said line also being the East line of said Section 20, South
00°16'25" West, 1,390.85 feet to the East Quarter corner of said Section 20, said point
also being the Northwest corner of Mountain Shadows Annexation to the City of Fort
Collins recorded at Book 1500 Page 6 Larimer County Clerk and Recorder; thence along
the West line of said .Mountain Shadows Annexation, said line also being the East line of
said Section 20, South 00017'42"West, 690.54 feet to a point on the Northerly line of Pine
Ridge 5th Annexation to the City of Fort Collins recorded at Reception No. 2001113963
Larimer County Clerk and Recorder; thence along said Pine Ridge 5th Annexation the
following three(3)courses and distances, North 89*42'16"West,30.00 feet;thence, South
00°1T42" West, 456.97 feet; thence, South 78°29'11" West, 1,114.50 feet.to a point on
the Northeast corner of Pine.Ridge 3rd Annexation to the City of fort Collins, recorded at
Reception No. 99006010 Larimer County Clerk and Recorder; thence along the Northerly
line of said Pine Ridge 3rd Annexation, said.line also being the Northerly right of way line
of Dixon Canyon Road, South 78029" 1"West, 948.91 feet;thence along the Westerly line
of said Pine.Ridge 3rd Annexation, South 11 030'33" East, 60.00 feet to the Southerly right
of way line of Dixon Canyon Road; thence along said line South 78028'57"West, 635.98
feet; thence departing said line, and along the Easterly line of State Board of Agriculture
Lands as recorded at Reception No. 10510582 the following two (2) courses and
distances, North 00'0423" East, 61.42 feet; thence, North 00°30'58" East, 878.03 feet to
the Southeast corner of Maxwell Open Space Annexation to the City of Fort Collins
recorded at Reception No. 90017479 Larimer County Clerk and. Recorder; thence along
the East line of said Maxwell Open Space Annexation, North 00°31'43" East, 1,573.16
feet;thence departing said line, and along the line of said State Board of Agriculture Lands
the following six(6)courses and distances, North 57047'42"East, 65.46 feet;thence along
a curve concave to the Northwest having a central angle of 25°26`23", an arc length of
140.46 feet with a radius of 3A48 feet, and the chord of which bears North 45°04'30"
East, 14B.18 feet; thence along a curve concave to the Northwest having a central angle
of 31042'57", an arc length of 133.40 feet with a radius of 240.99 feet, and the chord of
which bears North 16°32'04" East, 131.70 feet; thence, North 00030'42"East, 111.20 feet;
thence along a curve concave to the East having a central angle of 23°27'51", an arc
length of 96;85 feet with a radius of 236.49 feet, and the chord of which bears North
11°47'37" East, 96.17 feet; thence, North 86°2525" East, 1,487.45 feet to the Southwest
corner of Foothills 3rd Annexation to the City of Fort Collins recorded at Book 1497 Page
190 Larimer County Clerk and Recorder; thence along the South line of said Foothills 3rd
Annexation, North 86025'25" East, 25.79 feet to the Southwest Comer of Foothills 2nd
Annexation to the City of Fort Collins recorded at Book 1456 Page 668 Larimer County
Clerk and Recorder; thence along the South line of said Foothills 2nd Annexation, North
86°25'25" East, 446.63 feet to the Southwest Corner of Foothills Annexation to the City of
Fort Collins recorded at Book 1439 Page 17 Larimer County Clerk and Recorder; thence.
along the South.line of said Foothills Annexation, North 6602625' East, 479.6..8 feet to the
Point of Beginning.
The above described tract of land contains 7,167,953 square feet or 164.554 acres, more
or less; and is subject to all easements and rights-of-way now on record or existing.
SANCTUARY ON THE GREEN ANNEXATION
A PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE.NORTHEAST QUARTER
OF SECTION 9, AND THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6.TH PRINCIPAL MERIDIAN; COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF'SECTION 9;
THENCE;SOUTH 89038'45"EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF
THE_NORTHWEST QUARTER OF SECTION 10, A DISTANCE OF 50.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD;
THENCE,ALONG SAID EASTERLY RIGHT.-OF-WAY, THE FOLLOWING NINE(9) COURSES;
1. SOUTH 06021'44"WEST, A DISTANCE OF 100.00 FEET;
2. SOUTH 0003773"WEST,A DISTANCE OF 318.81 FEET;
3. NORTH 8902223"WEST,A DISTANCE OF 10.00 FEET;
4. SOUTH 00 37'23"WEST,A DISTANCE OF 250.00 FEET;
5. SOUTH 89-22'23" EAST, A DISTANCE OF 20.00 FEET;
6.. SOUTH 0003723"WEST,A DISTANCE OF 474.18 FEET;
7. NORTH 890W'07"WEST,A DISTANCE OF 7.50 FEET;
8. SOUTH 0003724"WEST,A DISTANCE OF 101.02 FEET;
9. SOUTH 52054'45" EAST,A DISTANCE OF 61.20 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY OF LAPORTE AVENUE;
THENCE SOUTH 89030'06" EAST,ALONG SAID NORTHERLY RIGHT-OF-WAY,A DISTANCE OF
88.28 FEET;
THENCE SOUTH 00037'23"WEST,A DISTANCE OF 42.50 FEET TO A POINT ON THE SOUTH LINE
ID OF SA SOUTHWEST QUARTER OF THE NORTHWEST QUARTER.OF SECTION 10;
THENCE NORTH 89030'07"WEST,ALONG SAID SOUTH LINE,A DISTANCE OF 180.00 FEET TO
THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9;
THENCE NORTH 00037'23"EAST,ALONG THE EAST LINE OF SAID NORTHEAST QUARTER OF
SECTION 9,A DISTANCE OF 380.78 FEET;
THENCE NORTH 69011'28"WEST,A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF SAID NORTH TAFT HILL ROAD;
THENCE NORTH 0003723"EAST,ALONG SAID WESTERLY RIGHT-OF-WAY,A DISTANCE OF
210.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT PARCEL OF LAND
DESCRIBED IN THE.D000MENT RECORDED UNDER RECEPTION NUMBER 20170065218 IN THE
RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE', ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING SEVENTEEN (17)
COURSES;
1. NORTH 89011'28"WEST,A.DISTANCE OF 140.00 FEET;
2. SOUTH 00037'23"WEST,A DISTANCE OF 210.00 FEET;
3. NORTH 8901126"WEST,A DISTANCE OF 449.79 FEET;
4. NORTH 07027'22"WEST,A DISTANCE OF 98.61 FEET;
5. NORTH 05033'47" EAST,A DISTANCE OF 50.50 FEET;
6. NORTH 28031'47" EAST,A DISTANCE OF 60.60 FEET;
7. NORTH w20'47" EAST,A DISTANCE OF 62.24 FEET;
8. NORTH 4905047" EAST,A DISTANCE OF 95.75 FEET;
9. NORTH 32012'47" EAST,A DISTANCE OF 49.00 FEET;
10. NORTH 14059'47" EAST,A DISTANCE OF 58.00 FEET;
11. NORTH 01°50'13"WEST,A DISTANCE OF 48.30 FEET;
12. NORTH 45012"3"WEST, A DISTANCE OF 43.03 FEET;
13. NORTH 78009'13"WEST,A DISTANCE OF 269.50 FEET;
14. NORTH 51019"3"WEST,A DISTANCE OF 228.00 FEET;
15. NORTH 59037"3"WEST,A DISTANCE OF 306.00 FEET;
16. NORTH'30°00'13"WEST,A DISTANCE OF 138.83 FEET, TO A POINT ON THE.NORTH LINE
OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9;
17. SOUTH 89009'04"EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1204,32 FEET TO A
POINT ON SAID WESTERLY RIGHT-OF-WAY OF NORTH TAFT HILL ROAD;
THENCE CONTINUING SOUTH 89005'56"EAST,A DISTANCE OF 40.08 FEET TO THE POINT OF
BEGINNING.
CONTAINING AN AREA OF 16.988 ACRES, (739,686 SQUARE FEET), MORE OR LESS.
EXHIBIT B
MEMORANDUM OF AGREEMENT FOR
CONTINUATION OF SERVICE
(POUDRE VALLEY FIRE PROTECTION DISTRICT/CITY OF FORT COLLINS)
THIS AGREEMENT, is made and entered into this day of , 2019, by
and between the CITY OF FORT COLLINS, COLORADO, a municipal home-rule corporation
(the "City"), and the POUDRE VALLEY FIRE PROTECTION DISTRICT, a special statutory
district within the State of Colorado(the "District");
WHEREAS, the City has recently filed pursuant to Section 32-1-502(I)(a), C.R.S., a
Petition with the District Court in and for Larimer County, Colorado for an Order excluding
certain properties from the territory of the District, which properties are shown on Exhibit "A"
(the "Properties") hereto attached, the contents of which are incorporated by reference herein;
and
WHEREAS, said Petition is premised upon the prior annexation and inclusion of the
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 the
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, 2020, the City will continue to assume full and complete
responsibility for fire protection services to the Properties. Such fire protection services shall be
provided by Poudre Fire Authority ("PFA") pursuant to that certain Amended and Restated
Intergovernmental Agreement effective July 15, 2014, by and between the City and the District.
2. From and after the effective date of the Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District shall have no further liability or
responsibility with regard to the provision of fire protection services for the Properties or any
improvements thereon, other than the obligations existing under the aforementioned
intergovernmental agreement creating PFA for the provision of regional fire services.
3. From and after the effective date of any Exclusion Order entered by the District
Court in and for Larimer County, Colorado, the District agrees that the Properties 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 Properties from the District and entry
Page I of 3
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 Properties, 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.
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,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 A. Atteberry, City Manager
Name:
Approved as to form:
Assistant City Attorney
Name:
Page 2 of 3
POUDRE VALLEY FIRE PROTECTION
DISTRICT,
a special statutory district within the State of
Colorado
By:
Chairman, Board of Directors
Approved as to form:
By: Robert G. Cole
Attorney for Poudre Valley Fire Protection
District
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