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HomeMy WebLinkAbout2017-040-05/02/2017-REPEALING RESOLUTION 2017-010 AND AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PRO r RESOLUTION 2017-040 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING RESOLUTION 2017-010 AND AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORIES OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT AND THE WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT WHEREAS, on February 7, 2017, City Council adopted Resolution 2017-010 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; and WHEREAS, it has come to City Council's attention that one of the annexed properties affected by Resolution 2017-010, the Lodgepole Investments, LLC Annexation (the "Lodgepole Property"), is within the territory of the Windsor-Severance Fire Protection District; and WHEREAS, Resolution 2017-010 should be repealed and replaced with this Resolution 2017-040 to clarify that the Lodgepole Property is within the territory of the Windsor-Severance Fire Protection District; and WHEREAS, in 2016, the City annexed five properties (Maverik First Annexation, Mountain's Edge Annexation, East Prospect at Boxelder Creek Annexation, Majestic Place Annexation and the Cache La Poudre River Annexation) within the territory of the Poudre Valley Fire Protection District (the "PVFPD Properties") and one property within the territory of the Windsor-Severance Fire Protection District, the Lodgepole Property, (collectively the "Annexed Properties"); 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), 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 Annexed Properties described on Exhibit "A", attached hereto and incorporated herein by this reference, have paid ad valorem property taxes to the Poudre Valley Fire 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 -1- WHEREAS, the residents within the Annexed Properties described on Exhibit `B", attached hereto and incorporated herein by this reference, have paid ad valorem property taxes to the Windsor-Severance Fire 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, to exclude the PVFPD Properties from the Poudre Valley Fire Protection District, and to exclude the Lodgepole Property 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, which is an independent entity providing fire protection services to both the Poudre Valley Fire Protection 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 Resolution 2017-010 is hereby repealed. Section 3. That the City Council hereby agrees that the PVFPD Properties should be excluded from the Poudre Valley Fire Protection District. Section 4. That the City Council hereby agrees that the Lodgepole Property should be excluded from the Windsor-Severance Fire Protection District. Section 5. 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 PVFPD Properties, the boundaries of which are described on Exhibit"A". Section 6: That the City Council hereby authorizes the City Attorney to file a petition in the Weld County District Court pursuant to C.R.S. Section 32-1-502 for an order to exclude the Lodgepole Property, the boundary of which is described on Exhibit `B". Section 7. That the City Council hereby agrees to provide fire protection service, through the Poudre Fire Authority, to the Annexed Properties. Section 8. 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. -2- Section 9. That the City Manager is authorized to enter into an agreement with each District for the continuation of services for the Annexed Properties on terms and conditions consistent with this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems 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 2nd day of May, A.D. 2017. ri. T Crj, ; yN ��,+ Mayor ATTEST: '...... COL City Clerk r -3- EXHIBIT A - l MAVERIK FIRST ANNEXATION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 15,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPLE MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 15,NORTH 89°15'00"EAST,A DISTANCE OF 1084.26 FEET; THENCE SOUTH 0045'00"WEST,A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER 2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER,STATE OF COLORADO AND THE NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK; THENCE SOUTH 82018'06"WEST,A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING; THENCE SOUTH 35029'11"EAST,A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A NONTANGENT CURVE; THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT,HAVING A RADIUS OF 260.00 FEET,THROUGH A CENTRAL ANGLE OF 25-01-50",HAVING A CHORD WHICH BEARS SOUTH 30043'25"WEST,A DISTANCE OF 112.68 FEET; THENCE NORTH 35026'29"WEST,A DISTANCE OF 141.57 FEET; THENCE SOUTH 54019'21"WEST,A DISTANCE OF 83.26 FEET; THENCE NORTH 35031'08"WEST,A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 14,ALSO KNOWN AS EAST MULBERRY STREET; J THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO(2)COURSES: THENCE NORTH 66038'30"EAST,A DISTANCE OF 19.01 FEET; THENCE NORTH 82018'06"EAST,A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING. CONTAINING 55,087 SQUARE FEET,OR 1.265 ACRES(MORE OR LESS). I } MOUNTAIN'S EDGE ANNEXATION A PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET,MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION .AS CONVEYED TO THE C1TY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARRAER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 ACRES,MORE OR LESS. EAST PROSPECT AT BOXELDER CREEK ANNEXATION A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND THE NORTH HALF OF SECTION 21, 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 SOUTHEAST CORNER OF SAID SECTION 16,AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO BEAR N88021'25"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 2-1/2" BRASS CAP STAMPED LS 14823,AND ON ITS WEST END BY A 2-1/2"ALUMINUM CAP STAMPED LS 14823, 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 SOUTHEAST QUARTER, N88°21'25"W,A DISTANCE OF 1,716.87 FEET TO A POINT ON THE WEST LINE OF INTERSTATE LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EAST LINE, S01 038'35"W,A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF THE VISITOR CENTER AT THE.ENVIRONMENTAL CENTER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID NORTH LINE, N88021'25"W,A DISTANCE OF 215.33 FEET TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE ALONG THE WEST LINE OF SAID ANNEXATION, S00°15'50"W,A DISTANCE OF 42.51 FEET; THENCE N88021'25"W, A DISTANCE OF 709.34 FEET; THENCE N00015'33"E,A DISTANCE OF 42.51 FEET; THENCE N88022'55"W, A DISTANCE OF 160.00 FEET TO A POINT ON THE EAST LINE OF THE FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE, N00015'33"E,A DISTANCE OF 60.02 FEET; THENCE S88022'55"E,A DISTANCE OF 159.97 FEET; THENCE S88021'25"E,A DISTANCE OF 120.00 FEET TO A POINT ON THE WEST LINE OF THE INTERSTATE LANDS SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG THE WEST AND SOUTH LINES OF SAID ANNEXATION THE FOLLOWING THREE (3)COURSES: 1. S00011'35"W, A DISTANCE OF 60.02 FEET; 2. S88021'25"E,A DISTANCE OF 514.24 FEET; 1 3. N01038'35"E, A DISTANCE OF 102.50 FEET; THENCE S88021'25"E, A DISTANCE OF 290.40 FEET TO A POINT ON THE BOUNDARY OF SAID INTERSTATE LANDS SECOND ANNEXATION;. THENCE ALONG SAID BOUNDARY, S01°38'35"W,A DISTANCE OF 72.50 FEET TO THE POINT OF BEGINNING. CONTAINING 76,714 SQUARE FEET (1.761 ACRES), MORE OR LESS. MAJESTIC PLACE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow M.R.D. S- 21-92 recorded under reception number 20110065177 in the records of the Latimer County Clerk and Recorder, being further described as follows: Basis of bearings: the south line of the northwest 1/4of the northwest 1/4 of Section 17, Township 6 N orth, Range 68 west of the 6th Principal Meridian, assumed to bear S89° 54'32"w, a distance of 1,325.03 feet, as shown on said amended plat; Beginning at the Northeast corner of said Northwest 1/4 of the Northwest 1/4 of Section 17,said point being the northeasterly corner of said Lot 3; Thence on the easterly and southerly lines of said Northwest 1/4 of the Northwest 1/4 of Section 17 the following two (2) courses: 1) S00°00'44"E a distance of 1323.93 feet; 2) S89°54'32"W a distance of 865.03 feet; Thence N00°09'18"E a distance of 275.00 feet; Thence S89°54'32"W a distance of 52.21 feet to the easterly line of the Leistikow Annexation to the City of Fort Collins; Thence on said easterly line the following five (5) courses 1) N07°22'24"W a distance of 175.33 feet; 2) on the arc of a non-tangent curve to the left whose center bears N06°56'31"W, having a radius of 528.00 feet, a central angle of 98°02'18" and an arc length of 903.46 feet; 3) N14°58'49"W a distance of 95.52 feet; 4) N75°01'11"E a distance of 126.44 feet; 5) N00°04'00"E a distance of 91.40 feet to the southerly line of the Westchase Annexation Number 2 to the City of Fort Collins; Thence on said southerly line, S89°56'00"E a distance of 394.92 feet to the point of beginning; Containing a calculated area of 868,230 square feet or 19.9318 acres. i CACHE LA POUDRE RIVER ANNEXATION DESCRIPTION: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2,THE NORTHEAST QUARTER OF SECTION 11,AND THE NORTHWEST QUARTER OF SECTION 12,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.;COUNTY OF LARIMER, STATE OF COLORADO; BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE,BY THE CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION,BY THE LINDEN STREET TECH CENTER ANNEXATION,OR BY THE MCMURRY NATURAL AREA ANNEXATION;SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12,AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00023'32"W,SAID LINE BEING MONUMENTED ON ITS NORTH END BY A 3-1/4 ALUMINUM CAP WITH ILLEGIBLE MARKINGS,AND ON ITS SOUTH ENO BY A 2"ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE,S00"23'32"W,A DISTANCE OF 226.50 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF FORT COLLINS THE FOLLOWING THIRTEEN(13)COURSES: 1. S66°30'10"E,A DISTANCE OF 42.00 FEET; 2. S51"53'24"E,A DISTANCE OF 40.00 FEET; 3. S67013'24"E,A DISTANCE OF 37.00 FEET; 4. S74051'24"E,A DISTANCE OF 176.40 FEET; 5. S79"06'24"E,A DISTANCE OF 66.50 FEET; 6. S74016'24"E,A DISTANCE OF 94.11 FEET; 7. S71"59'41"E,A DISTANCE OF 360.45 FEET; 8. S42"21'29"E,A DISTANCE OF 140.00 FEET; 9. S36035'23"E,A DISTANCE OF 151.52 FEET; 10. S19045'23"E,A DISTANCE OF 287.91 FEET; 11. S60°22'23"E,A DISTANCE OF 205.90 FEET; 12. S32005'23"E,A DISTANCE OF 93.79 FEET; 13. S71000'23"E,A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE LINDEN STREET TECH CENTER ANNEXATION; THENCE SOUTHERLY ALONG SAID WEST BOUNDARY,A DISTANCE OF 176 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF BUCKINGHAM PLACE,A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH BANK OF THE CACHE LA POUDRE RIVER; THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE ORIGINAL PLAT OF THE TOWN OF FORT COLLINS,A DISTANCE OF 5607 FEET MORE OR LESS,TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY,A DISTANCE OF 81 FEET MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER; THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION,A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION; r THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK,BEING THE SOUTH BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION,A DISTANCE OF 622 FEET MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12; THENCE NORTHERLY ALONG SAID WEST LINE,70 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 12.01 ACRES,MORE OR LESS. EXHIBIT B LODGEPOLE INVESTMENTS, LLC ANNEXATION TRACTS A AND B, FOSSIL CREEK FARM M.L.D. NO. 00-S 1539 AND A PORTION OF THE CARPENTER ROAD RIGHT-OF-WAY PER THE PLAT OF FOSSIL CREEK FARM M.L.D. NO. 00-S1539, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULALY DESCRIBED AS FOLLOWS: Considering the North line of the Northwest Quarter of said Section 22 as bearing North 89°40'32" East and with all bearings contained herein relative thereto: Beginning at the Northwest comer of said Section 22; thence along the West line of the Northwest Quarter of said Section 22 South 00°28'50" West 56.17 feet,more or less,to a point on a non-tangent curve concave to the North having a central angle of 00°35'38" and a radius of 5790.00 feet, the long chord of which bears South 87°50'44" East a distance of 60.02 feet; said point being on the Southerly Line of that certain parcel of land as described in Deed recorded at Reception No. 92049221, records of said County and a point on the Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado and the TRUE POINT OF BEGINNING; thence departing said West line of the Northwest Quarter of said Section 22 and along said Southerly Line of that certain parcel of land as described in Deed recorded at Reception No. 92049221 and along said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and Easterly along the arc of said curve 60.02 feet; thence departing said curve and said Southerly Line of that certain parcel of land as described in Deed recorded at Reception No. 92049221 and departing said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and along the Westerly and Southerly lines of FOSSIL CREEK 392 ANNEXATION, City of Fort Collins, County of Larimer, State of Colorado South 00°28'50" West 566.63 feet and again North 89034'58" East 2279.35 feet, more or less,to the Southeast corner of said FOSSIL CREEK 392 ANNEXATION; said Southeast comer also being o point on the Westerly right-of-way line for Interstate Highway No. 25 and the Northeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL CREEK 392 ANNEXATION and along the Westerly lines of said right-of-way line for Interstate Highway No. 25.and along the Easterly lines of said FOSSIL CREEK FARM M.L.D. NO. 00-S 1539 South 18025'02" East 193.89 feet and again South 04°06'44" East 523.98 feet, more or less,to the Southeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S 1539; thence departing said Westerly line of said right-of-way line for Interstate Highway No. 25 and said Easterly line of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 and along the Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00- S 1539 South 89°40'57" West 2444.06 feet, more or less, to the Southwest corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 and along the Westerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 North 00°28'50" East 1272.45 feet, more or less, to a point on the Southerly Line of that certain parcel of land as described in Deed recorded at Reception No. 92049221 and a point on said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION; said point being the TRUE POINT OF BEGINNING. i Containing 39.77 Acres, more or less, and being subject to all easements and/or rights-of-way now existing or of record.