HomeMy WebLinkAbout2007-007-02/06/2007-AUTHORIZING THE INITIATION OF EXCLUSION PRCEEDINGS IN DISTRICT COURT REGARDING THE EXCLUSION OF ANNE RESOLUTION 2007-007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS
IN DISTRICT COURT REGARDING THE EXCLUSION OF
ANNEXED PROPERTIES WITHIN THE TERRITORY
OF THE POUDRE VALLEY FIRE PROTECTION DISTRICT
WHEREAS, in 2006, the City has annexed numerous properties within the territory of the
Poudre Valley Fire Protection District; and
WHEREAS, C.R.S. Section 32-1-502 requires an order of exclusion from the district court
to remove or exclude 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 propertytaxes
to the Poudre Valley Fire Protection District for fire protection services prior to annexation and,
subsequent to annexation,will instead pay ad valorem property taxes to the City of Fort Collins 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 all such
properties from the Poudre Valley Fire Protection District; and
WHEREAS, the City Council wishes to properly exclude the Annexed Properties from the
Fire 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 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 Council hereby agrees that the Annexed Properties should be
excluded from the Poudre Valley Fire Protection District.
Section 2. That the 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, the boundaries of which are described on Exhibit "A".
Section 3. That the Council hereby agrees to provide fire protection service, through the
Poudre Fire Authority, to the Annexed Properties.
Section 4. That the 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 Poudre Valley Fire Protection District and the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
6th day of February, A.D. 2007.
May r
ATTEST:
City Clerk
EXHIBIT"A"
AIRPARK VILLAGE ANNEXATION
A tract of land situate in Sections 7 and 8,Township 7 North,Range 68 West of the
Sixth P.M.,County of Larimer, State of Colorado,which,considering the North line
of the West 1/2 of said Section 8 as bearing S89°28'51"E and with all bearings
contained herein relative thereto,is contained within the boundary lines which begin
at a point which bears S 16'38'59"W 4367.77 feet from the North 1/4 Comer of said
Section 8, and run thence S00°1 TO 1"W 687.33 feet to the Northeast Corner of Lot
3 of the Replat of Lot 1,Fort Collins Community Airpark Subdivision;thence along
the Northerly line of said Lot 3, N59°04'20"W 269.73 feet; thence S38°07'20"W
228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence
S40048'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway
Avenue;thence along said Southerly right-of-way line,along the arc of a 100.00 foot
radius curve to the left a distance of 4.77 feet, the long chord of which bears
N50032'47"W 4.77 feet,and again N51°54'51"W 1002.79 feet;thence N38°46'56"E
337.18 feet to the Northeast Comer of Lot 29, Fort Collins Community Airpark
Subdivision;thence along the Northerly line of said Fort Collins Community Airpark
Subdivision, N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line
of Airpark Drive; thence along said Easterly right-of-way line, along the are of a
100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which
bears S33012'32"W 17.43 feet; thence N51°47'33"W 100.00 feet to a point on the
Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of.
way line,along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet,
the long chord of which bears N06°58'49"W 28.26 feet, and again N52001'54"W
862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a
distance of 77.75 feet, the long chord of which bears N35°13'30"W 76.66 feet, and
again along the arc of a 214.40 foot radius curve to the left a distance of 125.62 feet,
the long chord of which bears N35°24'16"W 123.84 feet;thence along the Northerly
line of the Second Replat of the Fort Collins Industrial Park,N52°20'51"W 1462.19
feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial
Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet; thence
along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins
Business Center 1 st Filing, N52°03'36"W 480.54 feet; thence along the Northerly
line of Fort Collins Business Center 2nd Filing, N52°08'56"W 599.99 feet; thence
N37043'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88032'50"E
1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision;
thence along the Westerly line of said Tract S, S00°18'06"E 171.84 feet, and again
N88014'57"E 422.85 feet, and again S55°25'36"E 400.19 feet, and again
S00°00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor
Subdivision, S55019'53"E 1778.89 feet to the Southeast Corner of said Dry Creek
Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision,
N00006'35"E 121.43 feet to a point on the Northerly right-of-way line of
International Boulevard;thence along said Northerly right-of-way line,S55°19,53"E
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945.07 feet, and again S89°29'21"E 802.17 feet; thence S00005'31"W 1299.48 feet
to the point of beginning,containing 147.8331 acres,more or less,and being subject
to all easements and rights-of-way which are existing or are of record or as shown on
this plat.
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ARBOR SOUTH SECOND ANNEXATION
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AS BEARING N 00°0 55' 05" E WITH ALL BEARING
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2
THENCE S 00° 55' 05' W 1931.20 FEET; THENCE, S 89° 04' 55' W 48.01 FEET
TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO
BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE
FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT
COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION:
THENCE,S 01°00'05'W 147.22 FEET ALONG SAID WESTERLY LINE OF THE
FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF
INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN
FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,N 88° 36' 55' W 613.00 FEET ALONG SAID NORTHERLY LINE TO
A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR
SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 00` 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE;
THENCE, N 88° 07' 05' E 613.01 FEET CONTINUING ALONG SAID
SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF
SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THERUEPOINT
OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 1.825 ACRES MORE OR LESS.
Page 3 of I 1
BOMA ANNEXATION
A portion of land located in the Northeast Quarter of Section 30,Township 8 North,
Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado
being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section 30 as bearing
South 89038'19" East and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter corner of said Section 30;thence,North 00°22'09"
East, 30.00 feet to a point on the North right-of-way line of County Road No. 54;
thence, along said North line, South 89°38'19" East, 2674.33 feet; thence, South
00°21'41" West, 30.00 feet; thence, North 89°38'19" West, 30.00 feet to the
Northeast Corner of said Section 30; thence, along the East line of the Northeast
Quarter of said Section 30, South 00°21'41" West, 1319.59 feet; thence, departing
said East line,North 89°42'39"West,2644.51 feet to a point on the West line of the
Northeast Quarter of said Section 30;thence, along said West line,North 00°22'09"
East, 1322.92 feet to the POINT OF BEGINNING.
The above described tract of land contains 3,574,183 square feet or 82.051 acres,
more or less and is subject to all easements and rights-of-way now on record or
existing.
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JOHNSTON ANNEXATION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 7, AS BEARING NORTH 00°27'42" EAST, AND WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
NORTH 00027'42" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE
EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE
PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF
BEGINNING,
THENCE NORTH 89032'18" WEST, 2512.75 FEET ALONG THE NORTH LINE OF
LINDEN PARK SUBDIVISION TO THE EASTERLY RIGHT OF WAY OF THE UNION
PACIFIC RAILROAD;THENCE NORTH 00°02'42"EAST,650.82 FEET ALONG SAID
EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY;THENCE SOUTH 89*39'18"EAST,2125.48 FEET ALONG SAID
SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT
RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH
41-12'18"EAST,67.00;2)SOUTH 69'50'18"EAST,286.00 FEET; 3)SOUTH 85°25'18"
EAST,78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO. 1 ANNEXATION
AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH
00°27'42" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES,MORE OR LESS,AND IS SUBJECT TO ALL EASEMENTS
AND RIGHTS OF WAY OF RECORD OR EXISTING.
Page 5 of 11
MCCLELLAND'S CREEK ID ANNEXATION
A parcel of land being a portion of Lot 4 of the Staley/Poudre School MLD 00-S 1535
as recorded November 15, 2000 as Reception No. 2000078405 of the Records of
Larimer County,located in the North 1/2 ofthe Northeast 1/4 of Section 9,Township
6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of
Colorado, and being more particularly described as follows:
BEGINNING at the North 1/4 Comer of Section 9 and assuming the North line of the NE 1/4
of Section 9 to bear South 88°28'48"East, a distance of 2656.31 feet,with all other bearings
herein relative thereto;
Thence South 00°00'42" West along the West line of the NE 1/4 of said Section 9 a distance
of 860.50 feet to the North line of said Lot 4 and the POINT OF BEGINNING;thence South
90°00'00" East along the North line of said Lot 4 a distance of 814.83 feet to a point of
departure from the North line of said Lot 4;thence South 53°51'25"East a distance of 97.43
feet; thence South 64°07'21" East a distance of 56.23 feet; thence South 58°09'31" East a
distance of 67.94 feet; thence South 46°57'57" East a distance of 89.74 feet; thence South
41°12'39" East a distance of 49.33 feet; thence South 33°06'23" East a distance of 105.14
feet; thence South 37°16'39" East a distance of 90.91 feet; thence South 47°31'56" East a
distance of 29.50 feet; thence South 57101'37" East a distance of 62.90 feet; thence South
63°11'35"East a distance of 37.02 feet;thence South 71°57'32"East a distance of 50.98 feet;
thence South 79°08'46"East a distance of 29.88 feet;thence South 67°58'43"East a distance
of 29.85 feet; thence South 50°32'59" East a distance of 20.19 feet to the South line of said
Lot 4; thence North 88°26'41" West along the South line of said Lot 4 a distance of 1441.68
feet to the West line of the NE 1/4 of said Section 9; thence North 00°00'42" East along the
West line of the NE1/4 of said Section 9 a distance of 453.76 feet to the North line of said
Lot 4 and the POINT OF BEGINNING.
Said parcel of land contains 11.926 acres, more or less (t), and is subject to any rights-of-
way or other easements of record or as now existing on said described parcel of land.
Page 6 of 11
PETERSON ANNEXATION
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERDIAN AS BEARING N 890 25'59" W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 890 25'59"W 324.35 FEET;THENCE,S 01°50'54"E 50.07 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTINUING, S 01° 50'54"E 687.94 FEET;THENCE,N 89°28' 17"W 1014.23
FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S
000 03'28"E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE
S 890 28' 14" E 754.47 FEET; THENCE, S 890 28' 13" E 963.99 FEET; THENCE,
N 000 09' 15" W 80.01 FEET; THENCE N 890 28' 13" W 963.10 FEET; THENCE,
N 890 28' 02" W 149.85 FEET; THENCE, N 00° 10' 34" W 1187.93 FEET;
THENCE,N 870 43'24"W 352.93 FEET;THENCE,N 00°31'42"E 518.31 FEET;
THENCE S 890 28' 17" E 847.21 FEET; THENCE,N 02° 55'31"W 299.26 FEET;
THENCE S 890 33' 50" E 262.00 FEET;THENCE,N 00° 32' 13" W 274.63 FEET;
THENCE, N 500 40' 29" W 245.44 FEET; THENCE,N 00°28'32" E 19.73 FEET
TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY
LINE OF EAST VINE DRIVE;THENCE,N 89°25'59"W 165.25 FEET ON AND
ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR
THIS DESCRIPTION; CONTAINING 27.89 ACRES MORE OR LESS.
Page 7 of 11
SANCTUARY ANNEXATION
Lot 2, Beard Minor Land Division(04-52261), according to the
plat recorded October 21, 2004 at Reception No. 204-0102780
Page 8 of 11
STREAMSIDE ANNEXATION
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING N 890 25'S9"W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 000 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 000 31' 35" E 20.00
FEET;THENCE, S 89°28'25"E 1315.15 FEET ON AND ALONG SAID NORTH
RIGHT-OF-WAY; THENCE, S 00° 26' 06" W 50.00 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 10; THENCE, S 00' 13' 29" E 50.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;
CONTINUING,S 00° 11'33"E 2560.55 FEET TO THE NORTHERLY RIGHT-OF-
WAY OF THE COLOR-ADO RAILROAD COMPANY; THENCE. N 88° 27' 36"
W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 000 09' 15" W
80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00109'
15" W 1572.26 FEET; THENCE,N 891 28' 17" W 669.62 FEET; THENCE, S 010
50'S4" E 149.20 FEET;THENCE, S 41° 38'36"W 270.16 FEET;THENCE, S 830
47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE
COURSES ALONG SAID EASTERLY LINE:
THENCE, N 870 43' 24" W 352.93 FEET;
THENCE, N 00° 31' 42" E 518.31 FEET;
THENCE, S 890 28' 17" E 847.21 FEET;
THENCE, N 020 55' 31" W 299.26 FEET;
THENCE, S 890 30' 31" E 262.00 FEET;
CONTINUING, S 89° 30' 31" E 382.52 FEET; THENCE, N 00' 31' 43" E 448.02
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST
VINE DRIVE; THENCE, N 890 28'25" W 421.48 FEET ON AND ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE, N 890 25' S9" W 157.46 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A
INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON
ANNEXATION; THENCE, N 89' 25' S9" W 165.25 FEET ALONG SAID LINE;
THENCE, N 01° 50' 54" W 20.02 FEET CONTINUING ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE, N 89' 25' 59" W 755.31 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF
Page 9 of 11
INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE
FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 000 34'
01" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 10; THENCE, N 47° 45' 36" W 45.12 FEET ALONG SAID
EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE; THENCE, S 89° 25' 59"
E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 ACRES MORE
OR LESS.
Page 10 of 11
SUNRISE RIDGE SECOND ANNEXATION
A tract of land situate in the Southeast Quarter of Section 4, Township 6 North,
Range 68 West of the 6th Principal Meridian,which,considering the East line of said
Southeast Quarter as bearing South 03°37'29" East and with all bearings contained
herein relative thereto, are more particularly described as follows:
BEGINNING at a point on the East line of said Southeast Quarter which bears South
03°37'29" East, 653.66 feet from the East Quarter corner of said Section 4; thence
departing said East line, North 89°41'27" East, 30.05 feet to a point on the East
Right-of-Way line of County Road No. 7; thence South 03°37'29" East, 331.66 feet
along said East Right-of-Way line; thence West, 692.15 feet to a point on the West
line of the East Half of the East Half of said Southeast Quarter; thence North
03°33'16" West, 327.90 feet along said West line; thence North 89°41'27" West,
661.47 feet to the POINT OF BEGINNING, County of Larimer, State of Colorado.
The above described tract of land contains 227,743 square feet or 5.228 acres,more
or less.
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