Loading...
HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - SECOND 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. 1 Mayor ATTEST: MW V 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 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 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 corner of Section 3 and a 2" Brass Cap monument, PLS 12374 at the south quarter comer 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 corner of Section 3, the said center quarter comer 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. Z.--7 _ ATTEST: 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 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 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 3745-136(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 comer 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 corner of Section 3, the said center quarter comer 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 this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-138 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; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS, pursuant to Resolution 2008-109, annexation proceedings were initiated by the City Council for said undisputed property, including the 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway Third 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. RESOLUTION 2008-137 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-113 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-113 setting forth findings of fact and determinations regarding the Gateway Third Annexation; and WHEREAS, Section 4 of Resolution 2008-113 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway Third Annexation had not been held prior to adoption of Resolution 2008-113 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subject of this annexation; and WHEREAS, Resolution 2008-113 should be rescinded so that the City Council may consider a new resolution making findings of fact and determinations regarding the Gateway Third Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-113 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk 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. ATTEST: t 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 comer 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 adistance 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 fora 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 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; 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 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 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. Mayo ATTEST: L .. 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 37-45-136(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 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 south quarter comer 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 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 comer 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 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 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 this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-136 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; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS, pursuant to Resolution 2008-109, annexation proceedings were initiated by the City Council for said undisputed property, including the 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway Second 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. RESOLUTION 2008-135 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-112 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-112 setting forth findings of fact and determinations regarding the Gateway Second Annexation; and WHEREAS, Section 4 of Resolution 2008-112 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway Second Annexation had not been held prior to adoption of Resolution 2008-112 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subj ect of this annexation; and WHEREAS, Resolution 2008-112 should be rescinded so that the City Council may consider a new resolution making findings of fact and determinations regarding the Gateway Second Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-112 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk 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. 2008. May r TTEST: , . AA 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 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 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 5 8 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 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 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 3745-136(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 16th day of December, A.D. 2008. Mayor ST: 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 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 are 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 POWT 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 this 16th day of December A.D. 2008. Mayor ATTEST: City Clerk RESOLUTION 2008-134 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; and WHEREAS, said undisputed portion is described in Resolution 2008-109, which was adopted by the City Council on November 12, 228; and WHEREAS, pursuant to Resolution 2008-109, annexation proceedings were initiated by the City Council for said undisputed property, including the 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation of the property known as the Gateway First 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. RESOLUTION 2008-133 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESCINDING RESOLUTION 2008-111 WHEREAS, on December 2, 2008, the City Council adopted Resolution 2008-111 setting forth findings of fact and determinations regarding the Gateway First Annexation; and WHEREAS, Section 4 of Resolution 2008-111 contains a finding that notice was duly given and a hearing was held regarding the annexation in accordance with the Municipal Annexation Act; and WHEREAS, the hearing for the Gateway First Annexation had not been held prior to adoption of Resolution 2008-111 and is instead scheduled to be held in conjunction with second reading of the annexing and zoning ordinances for the property that is the subject of this annexation; and WHEREAS, Resolution 2008-111 should be rescinded so that the City Council may consider a newresolution making findings of fact and determinations regarding the Gateway First Annexation after the required hearing has been held and evidence has been received by the Council regarding such annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Resolution 2008-111 is hereby rescinded as of this date. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day December, A.D. 2008. Mayor ATTEST: City Clerk