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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - FIRST READING - 35-08, 35-08A, 35-08B - REPORTS - CORRESPONDENCE-HEARINGIntroduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk West for a distance of 149.48 feet, and returning to the said Easterly Right of Way; THENCE along the said easterly Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162.92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392.97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534.40 feet; THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East fora distance of 30.00 feet to the south line of the southwest quarter of the said Section 3; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100.00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574.58 feet; THENCE continuing along the said westerly Right of Way, along a non -tangent curve to the left having a radius of 11295.00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135.64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135.64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 2400.43 feet to the north line of the said southwest quarter of Section 3; THENCE along the said north line, South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet; THENCE leaving the said north line, North 02 degrees 02 minutes 30 seconds West for a distance of 700.00 feet;. THENCE South 89 degrees 23 minutes 39 seconds East for a distance of 161.29 feet; THENCE South 01 degrees 46 minutes 53 seconds East for a distance of 700.00 feet to the said north line of the southwest quarter; THENCE along the said north line, South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet to the point of beginning. Containing 21.618 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. ORDINANCE NO. 156, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway Third Annexation to the City of Fort Collins, Colorado, in the Public Open Lands (" POL') Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in Sections 3 and 10 in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the east line of the southwest quarter of the said Section 3 as bearing South 01 degrees 46 minutes 51 seconds East between a 3.25" Aluminum Cap monument, PLS 25384 at the center quarter comer of Section 3 and a 2" Brass Cap monument, PLS 12374 at the south quarter corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said center quarter comer of Section 3, the said center quarter corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the easterly Right of Way of Interstate Highway 25, South 01 degrees 46 minutes 51 seconds East for a distance of 2052.11 feet; THENCE continuing along the said easterly Right of Way, South 19 degrees 54 minutes 03 seconds East for a distance of 537.13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk THENCE continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet to the south line of the southwest quarter of the said Section 3; THENCE along the said south line and continuing along the said westerly Right of Way, South 89 degrees 04 minutes 36 seconds East for a distance of 100.00 feet; THENCE leaving the said south line and continuing along the said westerly Right of Way, North 00 degrees 55 minutes 24 seconds East for a distance of 30.00 feet; THENCE continuing along the said westerly Right of Way, North 84 degrees 55 minutes 56 seconds East for a distance of 574.58 feet; THENCE continuing along the said westerly Right of Way, along a non -tangent curve to the left having a radius of 11295.00 feet a central angle of 00 degrees 41 minutes 17 seconds and an arc length of 135.64 feet, being subtended by a chord of North 01 degrees 44 minutes 55 seconds West for a distance of 135.64 feet; THENCE continuing along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 2400.43 feet to the north line of the said southwest quarter of Section 3; THENCE along the said north line, South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet; THENCE leaving the said north line, North 02 degrees 02 minutes 30 seconds West for a distance of 700.00 feet; THENCE South 89 degrees 23 minutes 39 seconds East for a distance of 16I.29 feet; THENCE South 01 degrees 46 minutes 53 seconds East for a distance of 700.00 feet to the said north line of the southwest quarter; THENCE along the said north line, South 89 degrees 20 minutes 37 seconds East for a distance of 50.00 feet to the point of beginning. Containing 21.618 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway Third Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. ORDINANCE NO. 155, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2008-113, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land located in Sections 3 and 10 in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the east line of the southwest quarter of the said Section 3 as bearing South 01 degrees 46 minutes 51 seconds East between a 3.25" Aluminum Cap monument, PLS 25384 at the center quarter corner of Section 3 and a 2" Brass Cap monument, PLS 12374 at the south quarter corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said center quarter comer of Section 3, the said center quarter corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the easterly Right of Way of Interstate Highway 25, South 01 degrees 46 minutes 51 seconds East for a distance of 2052.11 feet; THENCE continuing along the said easterly Right of Way, South 19 degrees 54 minutes 03 seconds East for a distance of 537.13 feet; THENCE leaving the said Right of Way, South 00 degrees 55 minutes 33 seconds West for a distance of 149.48 feet, and returning to the said Easterly Right of Way; THENCE along the said' easterly Right of Way, South 86 degrees 30 minutes 03 seconds West for a distance of 162.92 feet; THENCE leaving the said easterly Right of Way, North 88 degrees 47 minutes 09 seconds West for a distance of 392.97 feet to the westerly Right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 82 degrees 50 minutes 36 seconds West for a distance of 534.40 feet; Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway Third Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-113 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY THIRD ANNEXATION WHEREAS, there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. 1" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10) of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area which portion was described in Resolution 2008-109; and WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins pursuant to Resolution 2008-109 for property to be known as the Gateway Third Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway Third Annexation, which is a part of the annexation initiated by Resolution 2008-109. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Commencing at the said south quarter corner of Section 34; THENCE along the east line of the southwest quarter of the said Section 34, North 00 degrees 10 minutes 52 seconds East for a distance of 28.50 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said east line, North 89 degrees 18 minutes 00 seconds West for a distance of 633.13 feet; THENCE South 00 degrees 40 minutes 28 seconds West for a distance of 136.27 feet to the westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way the following three (3) courses and distances, (1) North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; (2) North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; (3) North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the said westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way, South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; THENCE continuing along the said westerly line, North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; THENCE leaving the said westerly line, South 00 degrees 47 minutes 17 seconds West for a distance of 90.03 feet; THENCE South 89 degrees 18 minutes 00 seconds East for a distance of 1052.67 feet; THENCE South 00 degrees 42 minutes 00 seconds West for a distance of 110.50 feet; THENCE North 89 degrees 18 minutes 03 seconds West for a distance of 397.48 feet to the point of beginning. Containing 5.542 acres more or less. The above described tract contains a net area of 53.293 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. center quarter comer of the said Section 3; THENCE leaving the said Right of Way, and along the south line of the northwest quarter of the said Section 3, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet; THENCE leaving the said south line, North 01 degrees 46 minutes 53 seconds West for a distance of 700.00 feet; THENCE North 89 degrees 23 minutes 39 seconds West for a distance of 161.29 feet; THENCE South 02 degrees 02 minutes 30 seconds East for a distance of 700.00 feet to the said south line of the northwest quarter; THENCE along the said south line, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet to the westerly right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 1785.05 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793.61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82.86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road, North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; THENCE continuing along the said westerly and southerly Right of Way, North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; THENCE continuing along the said westerly and southerly Right of Way, North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the said easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; to the point of beginning. Containing 58.835 acres more or less. EXCEPTING THEREFROM: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter comer of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; THENCE along the said northerly Right of Way and along the westerly Right of Way of Interstate Highway 25 the following four (4) courses and distances, (1) South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; (2) North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; (3) North 54 degrees 12 minutes 15 seconds East for a distance of 85.99 feet; (4) North 25 degrees 05 minutes 15 seconds East for a distance of 473.14 feet to the southerly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; THENCE along the easterly line of the said tract deeded to the Fort Collins Capital Leasing Corporation, the following six (6) courses and distances, (1) North 25 degrees 05 minutes 15 seconds East for a distance of 178.31 feet (previously recorded as 178.10 feet); (2) North 02 degrees 34 minutes 45 seconds West for a distance of 554.77 feet (previously recorded as 550.00 feet); (3) along a curve to the left having a radius of 5565.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027.88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026.42 feet; (4) North 13 degrees 09 minutes 46 seconds West for a distance of 858.31 feet; (5) North 74 degrees 05 minutes 08 seconds West for a distance of 1.00 feet; (6) North 11 degrees 46 minutes 08 seconds West for a distance of 7.68 feet; THENCE leaving the said easterly line, North 77 degrees 13 minutes 30 seconds East for a distance of 286.46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances, (1) South 12 degrees 46 minutes 30 seconds East for a distance of 728.02 feet to the north line of the said southwest quarter of Section 34; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238.01 feet (previously recorded as 178.00 feet) to the northwest corner of the southeast quarter of the said Section 34; (3) along the west line of the said southeast quarter, South 00 degrees 10 minutes 52 seconds West for a distance of 1889.05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three (3) courses and distances (1) South 16 degrees 49 minutes 00 seconds East for a distance of 389.68 feet (previously recorded as 389.44 feet); (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175.92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183.92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260.64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following three (3) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46.15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237.24 feet; (3) South 01 degrees 46 minutes 53 seconds East for a distance of 1406.66 feet to the ORDINANCE NO. 154, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway Second Annexation to the City of Fort Collins, Colorado, in the Public Open Lands ("POL") Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter comer of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34; THENCE along the south line of the said southwest quarter of Section 34, South 89 degrees 29 minutes 53 seconds East for a distance of 1574.41 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the northerly Right of Way of East Harmony Road; Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk THENCE along the said westerly Right of Way the following three (3) courses and distances, (1) North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; (2) North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; (3) North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; THENCE continuing along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the said westerly Right of Way of Interstate Highway 25; THENCE along the said westerly Right of Way, South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; THENCE continuing along the said westerly line, North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; THENCE leaving the said westerly line, South 00 degrees 47 minutes 17 seconds West for a distance of 90.03 feet; THENCE South 89 degrees 18 minutes 00 seconds East for a distance of 1052.67 feet; THENCE South 00 degrees 42 minutes 00 seconds West for a distance of 110.50 feet; THENCE North 89 degrees 18 minutes 03 seconds West for a distance of 397.48 feet to the point of beginning. Containing 5.542 acres more or less. The above described tract contains a net area of 53.293 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway Second Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 3745-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. THENCE South 02 degrees 02 minutes 30 seconds East for a distance of 700.00 feet to the said south line of the northwest quarter; THENCE along the said south line, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet to the westerly right of Way of the said Interstate Highway 25; THENCE along the said westerly Right of Way, North 02 degrees 02 minutes 30 seconds West for a distance of 1785.05 feet; THENCE continuing along the said westerly Right of Way, North 24 degrees 14 minutes 15 seconds West for a distance of 793.61 feet THENCE continuing along the said westerly Right of Way, North 57 degrees 15 minutes 16 seconds West for a distance of 82.86 feet; THENCE continuing along the said westerly Right of Way and along the southerly Right of Way of East Harmony Road, North 89 degrees 36 minutes 27 seconds West for a distance of 265.38 feet; THENCE continuing along the said westerly and southerly Right of Way, North 00 degrees 30 minutes 13 seconds East for a distance of 35.80 feet; THENCE continuing along the said westerly and southerly Right of Way, North 83 degrees 32 minutes 54 seconds West for a distance of 198.91 feet to the said easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE along the said easterly annexation line, North 32 degrees 28 minutes 32 seconds East for a distance of 58.56 feet; to the point of beginning. Containing 58.835 acres more or less. EXCEPTING THEREFROM; A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West, all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter comer of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said south quarter corner of Section 34; THENCE along the east line of the southwest quarter of the said Section 34, North 00 degrees 10 minutes 52 seconds East for a distance of 28.50 feet to the TRUE POINT OF BEGINNING of this description; THENCE leaving the said east line, North 89 degrees 18 minutes 00 seconds West for a distance of 633.13 feet; THENCE South00 degrees 40 minutes 28 seconds West for a distance of 136.27 feet to the westerly Right of Way of Interstate Highway 25; THENCE along the easterly line of the said tract deeded to the Fort Collins Capital Leasing Corporation, the following six (6) courses and distances, (1) North 25 degrees 05 minutes 15 seconds East fora distance of 178.31 feet (previously recorded as 178.10 feet); (2) North 02 degrees 34 minutes 45 seconds West for a distance of 554.77 feet (previously recorded as 550.00 feet); (3) along a curve to the left having a radius of 5565.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1027.88 feet, being subtended by a chord of North 07 degrees 52 minutes 15 seconds West for a distance of 1026.42 feet; (4) North 13 degrees 09 minutes 46 seconds West for a distance of 858.31 feet; (5) North 74 degrees 05 minutes 08 seconds West for a distance of 1.00 feet; (6) North 11 degrees 46 minutes 08 seconds West for a distance of 7.68 feet; THENCE leaving the said easterly line, North 77 degrees 13 minutes 30 seconds East for a distance of 286.46 feet to the easterly Right of Way line of Interstate Highway 25; THENCE along the said easterly Right of Way the following three (3) courses and distances, (1) South 12 degrees 46 minutes 30 seconds East for a distance of 728.02 feet to the north line of the said southwest quarter of Section 34; (2) along the said north line of the southwest quarter, South 89 degrees 24 minutes 23 seconds East for a distance of 238.01 feet (previously recorded as 178.00 feet) to the northwest corner of the southeast quarter of the said Section 34; (3) along the west line of the said southeast quarter, South 00 degrees 10 minutes 52 seconds West for a distance of 1889.05 feet; THENCE departing the said west line, and continuing along the said easterly Right of Way the following three (3) courses and distances (1) South 16 degrees 49 minutes 00 seconds East for a distance of 389.68 feet (previously recorded as 389.44 feet); (2) South 35 degrees 55 minutes 37 seconds East for a distance of 175.92 feet; (3) South 80 degrees 36 minutes 56 seconds East for a distance of 183.92 feet; THENCE leaving the said easterly Right of Way, South 00 degrees 42 minutes 00 seconds West for a distance of 260.64 feet and returning to the said easterly Right of Way of Interstate Highway 25; THENCE continuing along the said easterly Right of Way the following three (3) courses and distances, (1) North 89 degrees 30 minutes 20 seconds West for a distance of 46.15 feet; (2) South 14 degrees 35 minutes 15 seconds West for a distance of 1237.24 feet; (3) South 01 degrees 46 minutes 53 seconds East for a distance of 1406.66 feet to the center quarter corner of the said Section 3; THENCE leaving the said Right of Way, and along the south line of the northwest quarter of the said Section 3, North 89 degrees 20 minutes 37 seconds West for a distance of 50.00 feet; THENCE leaving the said south line, North 01 degrees 46 minutes 53 seconds West for a distance of 700.00 feet; THENCE North 89 degrees 23 minutes 39 seconds West for a distance of 161.29 feet; ORDINANCE NO. 153, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2008-112, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land located in Section 3 in Township 6 North, Range 68 West and in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest comer of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34; THENCE along the south line of the said southwest quarter of Section 34, South 89 degrees 29 minutes 53 seconds East for a distance of 1574.41 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the said easterly line, North 00 degrees 27 minutes 20 seconds East for a distance of 194.03 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way and along the westerly Right of Way of Interstate Highway 25 the following four (4) courses and distances, (1) South 89 degrees 32 minutes 53 seconds East for a distance of 116.81 feet; (2) North 83 degrees 18 minutes 56 seconds East for a distance of 297.08 feet; (3) North 54 degrees 12 minutes 15 seconds East for a distance of 85.99 feet; (4) North 25 degrees 05 minutes 15 seconds East for a distance of 473.14 feet to the southerly line of that certain tract of land deeded from the City of Fort Collins to the Fort Collins Capital Leasing Corporation; Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway Second Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-112 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY SECOND ANNEXATION WHEREAS, there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. 1" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10) of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area which portion was described in Resolution 2008-109; and WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins pursuant to Resolution 2008-109 for property to be known as the Gateway Second Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway Second Annexation, which is a part of the annexation initiated by Resolution 2008-109. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402.69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220.89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145.81 feet; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70.13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684.40 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE leaving the said Right of Way and along the said easterly line, South 00 degrees 27 minutes 20 seconds West for a distance of 50.00 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544.96 feet to the point of beginning. Containing 180.206 acres more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D. 2068. Mayor OWy3.1 IA City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32.78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30.38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048.29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033.81 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961.40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946.92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874.51 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860.03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787.62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773.14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200.28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261.65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421.57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263.00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1.25 feet; THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849.49 feet; THENCE along a curve to the right having a radius of 5550.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025.11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023.65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551.31 feet; THENCE South 25 degrees 05 minutes 3 8 seconds West for a distance of 181.25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601.64 feet; THENCE leaving the said north line, North 00 degrees 27 minutes 09 seconds East for a distance of 183.53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499.10 THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15.00 feet; THENCE leaving the said northerly Right of Way, North 00 degrees 07 minutes 23 seconds East for a distance of 5094.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.95 ORDINANCE NO. 152, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE GATEWAY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Gateway First Annexation to the City of Fort Collins, Colorado, in the Public Open Lands ("POL") Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest comer of Section 34; THENCE along the west line of the said southwest quarter of Section 34, North 00 degrees 07 minutes 36 seconds East for a distance of 100.01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30.02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50.00 feet to the northerly Right of Way of East Harmony Road; THENCE South 46 degrees 09 minutes 19 seconds West for a distance of 70.13 feet to the said northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 684.40 feet to the easterly line of the Arapaho Bend Second Annexation to the City of Fort Collins; THENCE leaving the said Right of Way and along the said easterly line, South 00 degrees 27 minutes 20 seconds West for a distance of 50.00 feet; THENCE leaving the said easterly line, North 89 degrees 32 minutes 52 seconds West for a distance of 1544.96 feet to the point of beginning. Containing 180.206 acres more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Gateway First Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2008, and to be presented for final passage on the 16th day of December, A.D: 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2008. Mayor ATTEST: City Clerk THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4961.40 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4946.92 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4874.51 feet; THENCE South 89 degrees 32 minutes 52 seconds Fast for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4860.03 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 88.23 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 4787.62 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 4773.14 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 1200.28 feet; THENCE South 57 degrees 39 minutes 29 seconds East for a distance of 261.65 feet; THENCE South 43 degrees 33 minutes 08 seconds East for a distance of 421.57 feet; THENCE South 11 degrees 46 minutes 08 seconds East for a distance of 263.00 feet; THENCE South 74 degrees 05 minutes 08 seconds East for a distance of 1.25 feet; THENCE South 13 degrees 09 minutes 46 seconds East for a distance of 849.49 feet; THENCE along a curve to the right having a radius of 5550.00 feet, a central angle of 10 degrees 34 minutes 58 seconds and an arc length of 1025.11 feet, being subtended by a chord of South 07 degrees 52 minutes 15 seconds East for a distance of 1023.65 feet; THENCE South 02 degrees 34 minutes 45 seconds East for a distance of 551.31 feet; THENCE South 25 degrees 05 minutes 38 seconds West for a distance of 181.25 feet to the north line of the State Board of Land Commissioners tract; THENCE along the said north line, North 89 degrees 32 minutes 49 seconds West for a distance of 601.64 feet; THENCE leaving the said north line, North 00 degrees 27 minutes 09 seconds East for a distance of 183.53 feet; THENCE South 85 degrees 06 minutes 33 seconds West for a distance of 499.10 feet; THENCE South 00 degrees 30 minutes 07 seconds West for a distance of 402.69 feet; THENCE South 63 degrees 30 minutes 52 seconds West for a distance of 220.89 feet; THENCE South 00 degrees 30 minutes 06 seconds West for a distance of 145.81 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5069.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5070.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5070.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5071.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5071.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.36 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5072.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5072.95 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 32.78 feet; THENCE South 34 degrees 23 minutes 59 seconds East for a distance of 30.38 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5048.29 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; THENCE North 00 degrees 07 minutes 12 seconds East for a distance of 5033.81 feet; ORDINANCE NO. 151, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE GATEWAY FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2008-111, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land located in Section 34 of Township 7 North, Range 68 West all of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the south line of the southwest quarter of the said Section 34 as bearing South 89 degrees 29 minutes 53 seconds East between a 3.25" Aluminum Cap monument at the southwest corner of Section 34 and a 3.25" Aluminum Cap monument, PLS 24307 at the south quarter corner of Section 34, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said southwest corner of Section 34; THENCE along the west line of the said southwest quarter of Section 34, North 00 degrees 07 minutes 36 seconds East for a distance of 100.01 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 30.02 feet to the TRUE POINT OF BEGINNING of this description; THENCE North 00 degrees 07 minutes 36 seconds East for a distance of 50.00 feet to the northerly Right of Way of East Harmony Road; THENCE along the said northerly Right of Way, South 89 degrees 32 minutes 52 seconds East for a distance of 15.00 feet; THENCE leaving the said northerly Right of Way, North 00 degrees 07 minutes 23 seconds East for a distance of 5094.45 feet; THENCE North 89 degrees 58 minutes 30 seconds East for a distance of 50.00 feet; THENCE South 00 degrees 07 minutes 12 seconds West for a distance of 5069.86 feet; THENCE South 89 degrees 32 minutes 52 seconds East for a distance of 10.00 feet; Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Gateway First Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-111 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE GATEWAY FIRST ANNEXATION WHEREAS, there exists a portion of the Gateway Annexation along Harmony Road which overlaps an area proposed for annexation by the Town of Timnath known as the "Riverwalk Annexation No. 1" which, according to Section 31-12-114 of the Colorado Revised Statutes, may be annexed to either the City or the Town of Timnath only pursuant to the results of an election to be called by the District Court; and WHEREAS, Section 31-12-114(10) of the Colorado Revised Statutes authorizes the City to describe in a resolution the portion of the Gateway Annexation that is not claimed for annexation by the Town of Timnath and to proceed with the annexation of such area which portion was described in Resolution 2008-109; and WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins pursuant to Resolution 2008-109 for property to be known as the Gateway First Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. WHEREAS, the City Council desires to set forth findings of fact and determinations regarding the Gateway First Annexation, which is a part of the annexation initiated by Resolution 2008-109. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Planning & Zoning Board November 20, 2008 Page 5 being re -annexed to set up a conflicting annexation with the Timnath Riverwalk annexation and essentially the parts of Harmony Road that are overlapped by this annexation will be the subject of an election under the annexation laws as to whether that part of Harmony Road will be annexed ultimately into the City of Fort Collins or the Town of Timnath. So the annexation of all of this property has a dual purpose. Obviously the natural area, being within the GMA, should be in the city limits and it's being re -annexed in order to accomplish that. It's being accompanied by rights -of -way. Roy said the bigger picture here is there are competing annexations of portions of this annexation between the Town of Timnath and the City of Fort Collins. As he said, part of that will be determined by an election. It's also all going to be the subject of mediation that Timnath has agreed to and which Fort Collins has requested. This response by Fort Collins to the Timnath annexation was prompted by Fort Collins concern that the Riverwalk annexation is within the Fort Collins GMA. All of the issues underlying these competing annexations will be addressed and resolved through the mediation that would be undertaken by the two communities. Stoner asked about the conflicting annexations being resolved by election. Who votes in the election? Roy said he'd first like to say that the Town of Timnath is represented by counsel so as the City Attorney for Fort Collins; he's giving his opinion on all of these Issues with the understanding that Timnath and its town council may or may not agree with them. The State annexation laws provide that the owners of the property that is claimed by both municipalities vote in the election. End of Public Input Board Questions: None. Chair Schmidt noted the Board's questions had been addressed in their work session. Motion: Member Stockover moved to recommend to City. Council the approval of Gateway First, Second and Third Annexations, # 35-08, 35-08A and 36-08B and that the requested zoning is POL (Public Open Lands) district. In support of his motion he adopts the Findings of Fact and Conclusions as contained on page 3 of the staff report. Member Wetzler seconded the motion. The motion was approved 6:0. Planning & Zoning Board November 20, 2008 Page 4 designation that is more appropriate to that area. Highway right-of-way does not seem like open space to him. Chair Schmidt said that once a property is annexed they could still apply for a change in zoning at a . future point in time. Welch asked if it's a City owned property, than it's the City that would need to make that request. Waido said that's correct. Eckman added the LUC (Land Use Code) does say that zone district lines, unless they are clearly shown as a property line, would be down the middle of a street. (That's not to say an interstate highway is like a street.) Eckman said he would think that when that land is annexed; it would be a good idea for the City to coordinate the zoning of the street out in front of it with the zoning of the land. If some how the GMA should change, they sought to be annexed (were annexed and zoned industrial), it would seem silly then to have the street on the zoning map showing a different zone than the adjacent property. Waido provided an example of another option. He said when the City changed the zoning of what was the former Resource Recovery Farm (at Prospect & 1-25); it was put into the Public Open Lands (POL) zone. However, when the property exchange with CSURF (Colorado State University Research Foundation) came about, it was rezoned to E (Employment.) Because the initial POL zone district included the right of way of 1-25 to the east side, when the E rezoning took place it was primarily for the CSURF property and there was a green strip of POL zone along the interstate highway. He said it could work both ways. Welch said that in the notice to adjacent property owners, it said it was a 100% voluntary request to annex. Since it is unincorporated Larimer County and CDOT, he did not understand the statement "voluntary request". Waido said the property owner is actually the Fort Collins Capital Leasing Corporation (FCCLC). Eckman. said FCCLC is the applicant whose land is not streets, highways, or roads. Jay Stoner, 1200 Wooded Creek Court, Fort Collins. He has several questions relating to how the Arapahoe Bends Natural Area —a publicly owned open space was transferred to a private corporation. He said the process in how that happened is interesting and expeditious. Same piece of property: take it out, change ownership, than put it back in again. The question with all that background information is what is the value or benefit to the citizens of Fort Collins that you're annexing 1-25 and zoning it as open space? Waido said we're annexing it because its' in our GMA boundary and it's our agreement with Larimer County to annex parts of the GMA when there is a petition for annexation. The petition recently received from the Fort Collins Capital Leasing Corporation is what is under review tonight. Staff is recommending it be zoned POL based on the City's Structure Plan. The Structure Plan Map shows the Arapahoe Bend area is designated as a natural area; the rest of the "green" area is part of the Fort Collins/Timnath/Windsor separator. A part of the interstate is also colored "green" and is part of that separator so that is why we are recommending that it be zoned POL as well. Stoner asked why is it important to annex 1-25 along that stretch. Waido said because it was included in the petition and it's our agreement to annex property that's petitioned within our GMA boundary into the city limits. City Attorney Steve Roy said what Mr. Stoner is probably getting at is the question of why was it disconnected to begin with and why now is it being re -annexed. Stoner said yes, that is a question he has. Roy said the City has been pretty open about the fact that this property was disconnected and is Planning & Zoning Board November 20, 2008 Page 3 (contiguous to city limits) will be annexed per the Larimer County/City of Fort Collins intergovernmental agreement (IGA). Welch said with an operating gravel pit and an asphalt plant that will be on adjacent property for ten to fifteen years; what does this do that the owner needs to be concerned about? Also, whenever he's viewed the City's Growth Management Area (GMA) Welch said, it all seemed to stop west of 1-25 not the east right-of-way. Waido said that is not true, the City's GMA boundary is the dark area on the map displayed on the overhead projection screen and it shows the 1-25 east right-of-way as the boundary of the GMA. Chair Schmidt said she's presuming the properties that Mr. Welch is concerned about are not in the City's GMA. At this present time, this annexation would not really impact their properties. Welch asked what about access control issues into that area —historic use, use by rights, etc. on the interstate system. Welch asked if we were telling him that Fort:Collins does not have the ability to control, manage or change any of the existing agreements. Waido said that is correct; access is a function of what the State Highway Department would permit off of their frontage roads. Welch asked if there were changes to the use on that property, would there be a need to go to the City of Fort Collins and having impact fees applied. Waldo said there are state laws that require the County to refer any development proposal within two miles of the City limits for review and comment so the City would have the opportunity if there are any development plans for this property to comment. Welch asked if they operate in unincorporated Larimer County and now have their access points into annexed land in Fort Collins, will they have fees or tariffs applied. Waido said the City collects fees at the time a building permit is issued. Since the property would not be obtaining a building permit from the City for a development outside the city limits, there would be no mechanism to collect impact fees. Deputy City Attorney Paul Eckman said with regard to access control plans, he didn't know if there is an access control plan for that frontage road between CDOT (Colorado Department of Transportation) and Larimer County. Welch said noAhey basically have historic access because of its prior use as a farm field. Eckman said if there is no existing access plan, should it come into the City than it would continue the same unless CDOT said there needs to be an access control plan. Then it would be between CDOT and the City. He would think there would be a chance for input by affected parties. Welch asked if the City decided it wanted their property in the GMA what would that process be. Waido said the IGA between the City and Larimer County requires a joint action by both bodies to make any amendments to the GMA boundary. Welch asked how the landowner participates in that process. Waido said it's a public review process —the Planning & Zoning Board conducts a public hearing; the Larimer County Planning Commission conducts public hearings; and elected officials (Larimer County Commissions and City Council) would conduct public hearings. Welch asked if Waido would speculate if that would happen. Waido said no. Eckman added that if a property owner wanted to be in the Fort Collins GMA, they could make that suggestion for consideration. Waido said yes, they could make that request and the process to amend the GMA would be as he just described. Welch said that knowing that their property is in an industrial zone nags on his mind about the adjacent property being open space. He didn't quite understand if there is an alternative zoning Planning & Zoning Board November 20, 2008 Page 2 Consent Agenda Member Stockover moved for the approval of the consent agenda that includes item # 1, October 16, 2008 Planning and Zoning Board Hearing minutes and item # 2 Camellia's Project Development Plan, # 27-08. Member Wetzler seconded the motion. The motion was approved 6:0. Project: Gateway First, Second and Third Annexations, # 35-08, 35-08A and 35-08B Project Description: This is a request to annex and zone approximately 256.3 acres known as the Gateway Annexation. The proposed zoning for the annexation is the POL — Public Open Lands, District. Recommendation: Approval Hearina Testimony, Written Comments and Other Evidence Staff presentation: Chief Planner Ken Waido reported this is a 100% voluntary request to annex approximately 256.3 acres in an area predominately in the northwest corner of Harmony & t-25. Most of the area is in the Arapahoe Bend Natural Area. Portions of 1-25. are contained in the area to be annexed, including the highway right -of way from about three-quarters (3/4) of a mile north of Harmony Road to about one (1) mile south of Harmony Road. The property will be annexed via three annexations, the Gateway First Annexation, the Gateway Second Annexation, and the Gateway Third Annexation. The Gateway Second and Third Annexations will be considered concurrently which is permitted by the State of Colorado Revised Statutes, which requires that 1/6 of the boundary of each annexation to be contiguous to existing city limits. Public Input: William Welch,1224 Twin Oak Court, Fort Collins, represents CWH Properties and Connell Resources which owns the east side of most of the proposed annexation from County Road 36 going north about 2/3 of the way to Harmony Road. He wanted to ask why this is being done and what are the impacts of having a piece of property annexed as public open lands adjacent to an industrial area that's going to be therefor quite sometime. Waido said they are not annexing any of the CWH property just the 1-25 right-of-way. All the property being annexed is in the City's Growth Management Area boundary and according to the City's agreement with Larimer County will be annexed once a petition is received. The basis for zoning of public open lands (POL) is the City's Comprehensive Plan (aka City Plan). The Structure Plan Map (adopted by City Council) shows the area to be a natural area as part of the Timnath/Windsor/Fort Collins separator. it is true, that Timnath has their own plan and they have designated the areas east of 1-25 different than what the City' Structure Plan shows, but the basis for the City of Fort Collins's zoning is the Structure Plan. Chair Schmidt commented that last month the Board recommended the annexation of another public open land. At that time the Board was informed the City is going through a series of annexations as a "clean-up" measure so that City public open lands located in the County and become available ATTACHMENT 6 Chair Schmidt called the meeting to order at 6:00 p.m. Roll Call: Campana, Rollins, Schmidt, Smith, Stockover & Wetzler Excused absence: Lingle Staff Present: Atteberry, Roy, Dush, Eckman, Olt, Waido, Frank, Vincent, Aspen, Langenberger, Richter, Weston, and Sanchez -Sprague Announcements: Introduction of the new Current Planning Director Steven Dush Agenda Review. Interim Director Olt reviewed the Consent and Discussion agenda. Of special note is a request by City Attorney Darin Atteberry and City Attorney Steve Roy for an Executive Session to discuss legal issues related to annexations on the west side of Fort Collins near Harmony. Citizen participation: None Move to Executive Session As authorized by City Code Section 2-31 (a) (2), Member Stockover moved to go into executive session for the purpose of meeting with the City Attorney to receive legal advice regard potential litigation and the manner in which the Board's actions may be affected by existing law. Member Campana seconded the motion. The motion was approved 6:0. Return to regular Hearing at approximately 6:47 p.m. Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the Consent Agenda. Audience member William Welch asked that Gateway 15' 2"d and 3rd Annexations be pulled from consent. Consent Agenda: 1. Minutes from the October 16, 2008 Planning and Zoning Board Hearing 2 Camellia's Project Development Plan, # 27-08 Discussion Items: 3. Gateway First, Second & Third Annexations, # 35-08, 35-08A & 35-08B 4. Prospect South Existing Conditions Survey Results & Urban Renewal Plan 5. Fort Collins Brewery Project Development Plan, # 32-08 6. 1-25/SH 392 Interchange Project, 1061 Process for CDOT & FHWA