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HomeMy WebLinkAbout2008-083-09/16/2008-FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAGLE VIEW FIRST ANNEXA RESOLUTION 2008-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE EAGLE VIEW FIRST ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Eagle View First Annexation; and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Eagle View First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the Southwest Quarter of Section 3, in the West Half Section 10, and in the East Half of Section 9, all in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County,Colorado,more particularly described as follows: Considering the west line of the Northwest Quarter of the said Section 10 as bearing South 00 degrees 07 minutes 56 seconds West between a 2.5" Aluminum Cap monument PLS 17497 at the Northwest corner of Section 10 and a 2.5" Aluminum Cap monument PLS 14823 at the West quarter comer of Section 10,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto: Commencing at the said Northwest comer of Section 10; THENCE North 40 degrees 33 minutes 05 seconds East for a distance of 51.93 feet to the northeast corner of the McClelland's Creek PD & PLD Second Filing Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the existing north right of way(40.00 feet)of Kechter Road as shown on the Amended Plat of Lot 1 Of The Buderus MRD No. 5-90-87,And Tract `A' Of The Alexander B. Grant Exemption, a plat recorded at Reception No. 89012294 records of the Clerk and Recorder of Larimer County, South 89 degrees 04 minutes 36 seconds East for a distance of 503.88 feet, to the east line of the said Plat; THENCE along the said east line, South 09 degrees 16 minutes 36 seconds East for a distance of 10.16 feet to the existing north right of way(30.00 feet)ofKechter Road; THENCE along the said north right of way,South 89 degrees 04 minutes 36 seconds East for a distance of 30.12 feet; THENCE South 00 degrees 55 minutes 24 seconds West for a distance of 30.00 feet to the north line of the said Section 10 and to the northwesterly extension the easterly line of Lot 2 of the Brown MLD S-60-89 recorded March 28, 1990 at Reception No. 90012796 records of the said Clerk and Recorder; THENCE along the said extended line and along the easterly line of the said Lot 2 the following six (6) courses and distances, (1) South 63 degrees 05 minutes 40 seconds East for a distance of 200.96 feet; (2)South 16 degrees 40 minutes 08 seconds East for a distance of 52.29 feet; (3)South 03 degrees 17 minutes 20 seconds East for a distance of 94.74 feet; (4)South 01 degrees 03 minutes 42 seconds East for a distance of 194.99 feet; (5)South 00 degrees 21 minutes 56 seconds East for a distance of 367.71 feet; (6)South 89 degrees 04 minutes 36 seconds East for a distance of 542.00 feet; THENCE continuing along the said easterly line of Lot 2 and its southerly extension, South 00 degrees 17 minutes 56 seconds West for a distance of 1898.84 feet to the south right of way of County Road No. 34E as shown on the Brown MRD S-1-91 recorded August 2, 1991 at Reception No. 91035864 records of the said Clerk and Recorder; THENCE along the said south right of way, along a non-tangent curve to the left having a radius of 115.00 feet a central angle of 08 degrees 58 minutes 40 seconds, an arc length of 18.02 feet, being subtended by a chord of North 84 degrees 40 minutes 14 seconds West for a distance of 18.00 feet; THENCE continuing along the said south right of way,North 89 degrees 09 minutes 34 seconds West for a distance of 1175.43 feet to the west line of the said Brown MRD S-1-91; THENCE along the northerly extension of the said Brown MRD S-1-91,North 01 degrees 11 minutes 56 seconds West for a distance of 7.08 feet to the existing south right of way(30.00 feet) of County Road 34E as shown on the said Brown MLD S- 60-89; THENCE along the said south right of way,North 89 degrees 25 minutes 41 seconds West for a distance of 149.31 feet to the westerly right of way of Strauss Cabin Road as shown on the said Brown MLD S-60-89; THENCE along the said westerly right of way, North 00 degrees 07 minutes 56 seconds East for a distance of 1372.38 feet to the southerly line of the said McClelland's Creek PD & PLD Second Filing Annexation; THENCE along the said southerly line,South 88 degrees 09 minutes 32 seconds East for a distance of 60.03 feet to the easterly line of the said McClelland's Creek PD& PLD Second Filing Annexation; THENCE along the said easterly line,North 00 degrees 07 minutes 56 seconds East for a distance of 1286.58 feet; THENCE continuing along the said easterly line, North 03 degrees 08 minutes 16 seconds East for a distance of 70.05 feet to the point of beginning. -2- The above described tract contains 71.684 acres more or less. Section 2. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of September, A.D. 2008. Mayor TTEST: City Clerk -3- NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Eagle View First Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 21, 2008, 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 Public Open Lands ("POL") Zone District. 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 (TDD 224-6001) for assistance. Dated this 16th day of September, A.D. 2008. City Clerk