HomeMy WebLinkAbout2019-043-04/16/2019-APPROVING THE EXCLUSION OF PROPERTY FROM RUDOLPH FARMS METROPOLITAN DISTRICT NOS. 1-6 RESOLUTION 2019-04.3
OF THE CITY COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE EXCLUSION OF PROPERTY FROM
RUDOLPH FARMS METROPOLITAN DISTRICT NOS. 1-6
WHEREAS, Title 32 of the Colorado Revised Statutes("C.R.S.")authorizes the formation
of various kinds of governmental entities to finance and operate public services and infrastructure,
including metropolitan districts; and
WHEREAS,on March 6, 2018, the City Council adopted Resolution 2018-028 Approving
the Consolidated Service Plan for the Rudolph Farms Metropolitan District Nos. 1-6(the"Service
Plan"); and
WHEREAS, the Service Plan includes legal descriptions of the boundaries of each of the
Rudolph Farms Metropolitan District Nos. 1-6 (the "Districts"), as more particularly set forth in
Exhibits A-2,A-3,A-4,A-5, A-6 and A-7 of the Service Plan (the "Districts' Boundaries"); and
WHEREAS, the Service Plan includes maps of the Districts' Boundaries, as more
particularly set forth in Exhibits B-2 and B-3,of the Service Plan; and
WHEREAS, the Districts' Boundaries currently consist of 37.26 acres of land; and
WHEREAS;the Colorado Department of Transportation("CDOT")is currently seeking to
acquire property within and surrounding the Districts' Boundaries to be used as public right-of-
way (the"CDOT Property"); and
WHEREAS, a .29-acre portion of the CDOT Property currently overlaps with a portion of
the Districts' Boundaries, as more particularly described in Exhibit A attached hereto and
incorporated herein by this reference (the "Overlapping Property"); and
WHEREAS, the fee owners of one hundred percent of the Overlapping Property desire to
exclude the Overlapping Property from the Districts' Boundaries; and
WHEREAS, the Boards of Directors of the Districts (the `Boards") desire to avoid any
overlap between the CDOT Property and the Districts'Boundaries; and
WHEREAS, the Boards therefore wish to begin the exclusion process in the Special
District Act found in Part 5 of Article 1 in Title 32 of the Colorado Revised Statutes(the"Exclusion
Statutes") to exclude the Overlapping Property from the Districts' Boundaries; and
WHEREAS, Section V.A.4. of the Service Plan provides that before the Districts can
proceed to exclude the Overlapping Property from the Districts' Boundaries under the Exclusion
Statutes, the City Council must approve such exclusion by resolution, which approval is not
considered under the Service Plan as a material modification; and
WHEREAS,the City Council finds that the exclusion of the.29-acre Overlapping Property
from the Districts' Boundaries' 37.26 acres of land on the basis that it will be acquired and used
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I
y CDOT as a public right-of-way is not a material modification of the Service Plan and is
beneficial to the public's health, safety and welfare; and
WHEREAS,the City Council therefore wishes to approve the exclusion of the Overlapping
Property from the Districts' Boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINS, COLORADO, 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 approves, in accordance with Section V.A.4.
of the Service Plan, the exclusion of the Overlapping Property from the Districts' Boundaries.
Section 3,. That the City Council's approval in this Resolution of the exclusion of the
Overlapping Property from the Districts' Boundaries is being granted based on the representations
of the Districts' representatives that such exclusion will hereafter be conducted and finalize in
accordance with all applicable requirements of the Exclusion Statutes.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of April, A.D. 2019.
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ATTEST:
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EXHIBIT A
NORTHERN
ENGINEERING
EXCLUSION DESCRIPTION:
A tract of land located in the Southwest Quarter of Section 15,Township 7 North,Range 68
West of the Sixth Principal Meridian,City of Fort Collins,County of Larimer, State of Colorado,
being more particularly described as follows:
Considering the North line of the Southwest Quarter of said Section 15 as bearing South 89' 38'
43"East,and with all bearing contained herein relative thereto:
Commencing at the West Quarter Comer of said Section 15;thence along the North line of the
Southwest Quarter, South 89'38' 43"East, 75.00 feet to the POINT OF BEGINNING;thence,
South 89° 38'43"East, 60.01 feet;thence, South 00" 11'56"West, 208.71 feet;thence North 89"
38'43 West, 60.58 feet;thence,North 0012 P 17" East,208.71 feet to the POINT OF
BEGINNING.
The above described tract of land contains 12,584 square feet or 0.29 acres,more or less,and is
subject to all easements and rights-of-way now on record or existing.
March 18, 2019
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S:\SurveyJobs\1489-001\Dwg\Exhibits\1489-001 Exclusion Exhibit Descdption.docx
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FORT COLLINS: 301 North Howes Street, Suite 100, 80521 970.221.4158
GREELEY: 820 8t° Street, 80631 1970.395.9880 1 WEB: www.northernengineering.com
EXHIBIT
A TRACT OF LAND LOCATED IN THE SOUTHWEST j OF SECTION. 15,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6th P.M.,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
FI
POINT OF S89'38'43E
COMMENCEMENT moo' POINT OF BASIS OF BEARINGS
BEGINNING NORTH LINE OF THE.
WEST}CORNER I SOUTHWEST QUARTER
SECTION 15-T7N-R68W L1 SECTION 15-77N-R68W
S89'38'43'E 264320'
ASSESSOR PARCEL J
#8715300002
EXCLUSION AREA LINE TABLE
L3 I 12,5IM SG.ft. LINE LENGTH BEARING
0.29 Be
L1 60.01' S89"38'43"E
UTTLITYEASEMENT - -
RECEPTION NO. L2 208.71' S00'11'5M
I - L3 60.58' N89'38'43'W
V4 I RIGHT-0OF-WAY L4 208.71' N00'21.17"E
W RECEPTION NO.
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n ASSESSOR PARCEL
08715000009
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NOTE:THIS EXHIBIT IS NOT INTENDED TO BE
N ONUMENTED LAND SURVEY.ITS SOLE PURPOSE IS AS A
GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION
OF THE WRITTEN PROPERTY DESOUPTION WHICH IT
ACCOMPANIES..THE WRITTEN PROPERTY DESCRIPTION
SUPERCEDES THE EXHIBIT DRAWING.
NORTH
300 0 300 Feat I NORTHERN
ENGINEERING
( IN U.S. SURVEY FEET )
1 inch = 300 a. PAGE 2 OF 2