HomeMy WebLinkAbout2008-091-10/07/2008-AUTHORIZING THE INITIATION OF EXCLUSION PROCEEDINGS OF ANNEXED PROPERTIES WITHIN THE TERRITORY OF TH RESOLUTION 2008-091
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
WHEREAS,in 2007,the City annexed numerous properties within the territory ofthe 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 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 property taxes
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
Latimer 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 C c' of the City of Fort Collins this 7th
day of October A.D. 2008.
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May r
ATTEST:
4401s
Chief Deputy City Clerk
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EXHIBIT "A"
KINARD JUNIOR HIGH ANEXATION
KNOW ALL MEN BY THESE PRESENTS THAT POUDRE SCHOOL
DISTRICT, BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4
OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER
COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF
SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A
FOUND 3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT
THE NORTHEAST CORNER OF SAID SECTION 8, AND A#6 REBAR
WITH 3 1/4" ALUMINUM CAP STAMPED "2000, JONES LS 22098", AT THE
SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 8, WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND
SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH
89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 8,A DISTANCE OF 30.00 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD
(COUNTY ROAD 9),SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SAID SECTION 8,SAID LINE ALSO BEING
THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE
RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH
89°22'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET
ALONG A NONTANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A
CHORD BEARING SOUTH 89-22-57"WEST,A DISTANCE OF 118.03 FEET TO
A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE
SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING
SAID SOUTH LINE SOUTH 00°00'23"WEST,A DISTANCE OF 627.68 FEET TO
A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A
TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 520.00 FEET AND
AN INCLUDED ANGLE OF 61°28'46" SUBTENDED BY A CHORD BEARING
SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH
59054'19" EAST,A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO
BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT-
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OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES,456.98
FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 567.00 FEET AND AN INCLUDED ANGLE OF 460 10'40" SUBTENDED BY
A CHORD BEARING NORTH 51°11'43" EAST,A DISTANCE OF 444.71 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG
THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS IF 387.00 FEET
AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD
BEARING NORTH 87028'14" EAST A DISTANCE OF 176.57 FEET TO A
POINT OF REVERSE CURVATURE; THENCE 84.81 FEET ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN
INCLUDED ANGLE OF 11016'29" SUBTENDED BY A CHORD BEARING
SOUTH 84058'48" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH
89°22'57" EAST, A DISTANCE OF 231.59 FEET TO A POINT ON SAID
WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD(COUNTY ROAD 9);
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,
NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF
BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 ACRES,
MORE OR LESS;
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LIBERTY FARMS ANNEXATION
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF SAID SOUTHEAST QUARTER OF
SECTION 5 AS BEARING
NORTH 00016'52" EAST AND WITH ALL BEARINGS HEREIN RELATIVE
THERETO.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION
5,
THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,
NORTH 00016'52" EAST A DISTANCE OF 1595.00 FEET TO THE
SOUTHWEST CORNER OF THE DIX AMENDED PLAT AS RECORDED AT
THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY AT
RECEPTION NUMBER 2002030339, AND THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER, AND THE WEST LINE OF SAID DIX AMENDED PLAT,
NORTH 00016'52" EAST A DISTANCE OF 513.60 FEET TO THE
NORTHWEST CORNER OF SAID DIX AMENDED PLAT;
THENCE CONTINUING ALONG THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 5,
NORTH 00016'52" EAST A DISTANCE OF 95.63 FEET TO THE
SOUTHERLY LINE OF THE EAST VINE DRIVE 7TH ANNEXATION TO
THE CITY OF FORT COLLINS AS RECORED AT THE CLERK AND
RECORDERS OFFICE OF LARIMER COUNTY, AND NORTH RIGHT OF
WAY LINE OF THE LARIMER& WELD CANAL AS SHOWN ON SAID
EAST VINE DRIVE 7TH ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, AND
SAID SOUTHERLY ANNEXATION BOUNDARY LINE THE FOLLOWING
EIGHT (8) COURSES:
1) NORTH 77013'37" EAST A DISTANCE OF 227.68 FEET; THENCE
2) NORTH 83°15'38" EAST A DISTANCE OF 256.49 FEET; THENCE
3) SOUTH 8701609" EAST A DISTANCE OF 54.42 FEET; THENCE
4) NORTH 79-36-26" EAST A DISTANCE OF 86.45 FEET; THENCE
5) SOUTH 61°24'38" EAST A DISTANCE OF 386.54 FEET; THENCE
6) SOUTH 53°48'20" EAST A DISTANCE OF 154.47 FEET; THENCE
7) SOUTH 62007'43" EAST A DISTANCE OF 117.20 FEET; THENCE
8) SOUTH 69029'26" EAST A DISTANCE OF 176.12 FEET;
THENCE DEPARTING SAID SOUTHERLY PARCEL LINE SOUTH 26058'09"
WEST A DISTANCE OF 77.59 FEET TO THE NORTHEAST CORNER OF
SAID DIX AMENDED PLAT;
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THENCE ALONG THE EAST LINE OF SAID DIX AMENDED PLAT SOUTH
26058'09" WEST A DISTANCE OF 702.53 FEET;
THENCE CONTINUING ALONG THE SOUTH LINE OF SAID DIX
AMENDED PLAT THE FOLLOWING FOUR (4) COURSES:
1) NORTH 58016'08" WEST A DISTANCE OF 140.30 FEET; THENCE
2) NORTH 67042'08" WEST A DISTANCE OF 234.20 FEET; THENCE
3) NORTH 76-51'08" WEST A DISTANCE OF 373.00 FEET; THENCE
4) NORTH 65-14-08" WEST A DISTANCE OF 329.00 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT CONTAINS 22.32 ACRES, MORE OR
LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF
RECORD OR EXISTING.
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MCCLELLAND'S CREEK PD & PLD SECOND FILING
A parcel of land located in the Northeast 1/4 of Section 9,the Southeast 1/4 of
Section 4, the Southwest 1/4 of Section 3 and the Northwest 1/4 of Section 10, all
in Township 6 North, Range 68 West of the 6th Principal Meridian, County of
Larimer, State of Colorado, and being more particularly described as follows:
Commencing at the Northeast Corner of said Section 9 and assuming the North
line of the NE1/4 of Section 9 to bear South 88°28'48" East, a distance of 2656.31
feet, with all other bearings herein relative thereto;
Thence North 45°17'12" West a distance of43.83 feet to a point on the North
right-of-way line of Kechter Road, said point being the POINT OF BEGINNING;
thence North 82'10'01" East a distance of 65.33 feet; thence South 02°51'16"
West a distance of 70.06 feet to a point on the East right-of-way line of Strauss
Cabin Road; thence South 00°09'07" East along said East right-of-way line a
distance of 1286.58 feet; thence North 88°26'41" West a distance of 1248.45 feet;
thence North 50°32'59" West a distance of 20.19 feet;thence North 67°58'43"
West a distance of 29.85 feet; thence North 79°08'46" West a distance of 29.88
feet; thence North 71°57'32" West a distance of 50.98 feet; thence North
63'11'35" West a distance of 37.02 feet; thence North 57'01'37" West a distance
of 62.90 feet; thence North 47*31'56" West a distance of 29.50 feet; thence North
37°16'39" West a distance of 90.91 feet;thence North 33°06'23" West a distance
of 105.14 feet; thence North 41°12'39" West a distance of 49.33 feet; thence
North 46°57'57" West a distance of 89.74 feet; thence North 58°09'31" West a
distance of 67.94 feet; thence North 64°07'21" West a distance of 56.23 feet;
thence North 53°51'25" West a distance of 97.43 feet; thence South 90°00'00"
East a distance of 113.56 feet; thence along a curve concave to the Northwest
having a central angle of 90°04'12" with a radius of 400.00 feet, an arc length of
628.81 feet and the chord of which bears North 44°57'54" East, 566.03 feet;
thence North 00°04'12" West a distance of 394.77 feet; thence South 88°28'48"
East a distance of 664.39 feet; thence North 01°23'02" West a distance of 60.08
feet to a point on the North right-of-way of Kechter Road;thence South 88°28'48"
East, 634.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 44.322 acres, more or less (f), and is subject to any
rights-of-way or other easements of record or as now existing on said described
parcel of land.
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OLD OAKS ESTATES ANNEXATION
A tract of land located in the Southeast Quarter of Section 4 and the Southwest
Quarter of Section 3, 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 4 as bearing
South 03°37'29" East and with all bearings contained herein relative thereto:
Commencing at the East Quarter Corner of said Section 4; thence, along the East
line of the Southeast Quarter of said Section, South 03°37'29" East, 985.16 feet to
the POINT OF BEGINNING; thence,North 90°00'00" East, 35.07 feet to the East
Right-of-way line of Strauss Cabin Road; thence, along said East Right-of-Way
line, South 03°37'29" East, 328.56 feet; thence, North 90°00'00" West, 35.07 feet
to a point on the East Line of the Southeast Quarter of said Section;thence,North
90°00'00" West, 662.50 feet; thence,North 03°33'16" West, 328.53 feet; thence,
North 90°00'00" East, 662.10 feet to POINT OF BEGINNING.
The above described tract of land contains 228,666 square feet or 5.249 acres
more or less.
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PLANK PLD & PD
A parcel of land being a portion of the Northwest Quarter(NW 1/4) of Section
Nine (9), Township Six North (T.6N.), Range Sixty-eight West(R.68W.), Sixth
Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being
more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 9 and assuming the
North line of the NW IA of said Section 9 as bearing South 87°59'40" East, a
distance of 2659.41 feet with all other bearings contained herein relative thereto:
THENCE: South 87°59'40" East along the North line of the NW 1/4 of said
Section 9 a distance of 30.02 feet to the West line of the Webster Farm
Annexation, recorded March 6, 2002 as Reception No. 2002024765 of the
Records of Larimer County;
THENCE: South 00°00'01" West along the West line of said Webster Farm
Annexation a distance of 30.01 feet to the Southwest Corner of said Webster
Farm Annexation and the POINT OF BEGINNING;
THENCE: South 87°59'40" East along the South line of said Webster Farm
Annexation a distance of 1028.87 feet to a Westerly line of the Fossil Lake
Annexation No. 2, recorded March 21,2002 as Reception No. 2002031277 of the
Records of Larimer County;
The next Three (3) courses and distances are along Westerly,Northerly and
Easterly lines of said Fossil Lake Annexation No. 2:
THENCE: South 02°00'20" West a distance of 743.91 feet;
THENCE: North 87°59'40"West a distance of 1002.78 feet;
THENCE: North 00'00'10" West a distance of 744.37 feet to the Southwest
Corner of said Webster Farm Annexation and the POINT OF BEGINNING.
Said parcel contains 17.348 acres more or less (#
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REIN ANNEXATION
A tract of land situate in the Southwest 114 of Section 2, Township 7 North,
Range 69 West of the Sixth P.M., County of Latimer, State of Colorado, which,
considering the South line of said Southwest 1/4 as bearing N90°00'00"E and with
all bearings contained herein relative thereto is contained within the boundary
lines which begin at a point on said South line which bears N90°00'00"E 330.00
feet from the Southwest Corner of said Section 2, and run thence along said South
line,N90°00'00"E 189.00 feet;thence departing said South line,N 00°04'00" W
283 feet to a point on the South right-of-way line of the Arthur Ditch; thence
along said South right-of-way line,N54°54'07"W 231.19 feet; thence departing
said South right-of-way line, S00°04'00"E 415.93 feet to the point of beginning,
containing 1.5163 acres, more or less, and being subject to a right-of-way for
West Vine Drive over the South 30.00 feet thereof, and also being subject to all
easements and rights-of-way which are existing or are of record.
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WEINER ENCLAVE ANNEXATION
A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF
SECTION 5, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO;
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 5 AS BEARING NORTH 01' 28' 38" WEST WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;
THENCE,N 01- 28' 38" W 709.38 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE
NORTHERLY LINE OF THE HH-36 ANNEXATION; THENCE,N 81° 01' 38"
W 30.50 FEET ALONG SAID NORTHERLY LINE TO A POINT OF
INTERSECTION WITH THE WEST RIGHT-OF-WAY OF ZIEGLER ROAD
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE, N 01- 28' 38" W 1212.17 FEET ALONG THE WEST RIGHT-OF-
WAY LINE OF SAID ZIEGLER ROAD ALSO BEING THE WESTERLY LINE
OF THE WEBSTER FARM ANNEXATION TO THE CITY OF FORT
COLLINS; THENCE,N 88' 16' 32" W 328.36 FEET ALONG AN EASTERLY
PORTION OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE S 00° 04' 40" W 519.34 FEET ALONG SAID EASTERLY PORTION;
THENCE, S 89° 58' 38" E 113.20 FEET ALONG SAID EASTERLY PORTION;
THENCE, S 01- 28' 38" E 654.53 FEET ALONG THE EASTERLY PORTION
OF SAID RUFF ANNEXATION TO A POINT OF INTERSECTION WITH
THE NORTHERLY LINE OF SAID HH-36 ANNEXATION; CONTINUING, S
01` 28' 38" E 15.00 FEET ALONG SAID NORTHERLY LINE, THENCE, S 87°
53' 08" E 27.42 FEET ALONG SAID NORTHERLY LINE; THENCE, S 81° 01'
38" E 204.82 FEET ALONG SAID NORTHERLY LINE TO A POINT OF
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID
ZIEGLER ROAD, THE WESTERLY LINE OF SAID WEBSTER FARM
ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
CONTAINING 7.553 ACRES MORE OR LESS.
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