HomeMy WebLinkAboutEAGLE VIEW NATURAL AREA, FIRST ANNEXATION & ZONING - 29-08 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONThe City of Fort Collins will continue to manage, preserve and protect natural
area with this annexation. The properties were purchased for use as City
natural areas and will continue to be protected by the POL — Public Open Lands
zoning designation.
PRINCIPLE OL-2: Open lands are important in providing the City with a
well-defined edge, establishing community separators, directing growth,
and preserving rural character.
The proposed annexation is near the Fort Collins Growth Management Area
(GMA) boundary and will define the eastern edge of the Fort Collins community
as natural area.
PRINCIPLE OL-3: A variety of recreational opportunities will be provided to
the community through a diverse and interconnected framework of open
lands including parks, trails, community separators and natural areas.
The Eagle View Natural Area is not yet open to the public. Recreation
opportunities and site amenities will be determined by the policies and plans of
the Natural Areas program.
2
Planning, Development and Transportation Services
Planning & Zoning
City of Fort Collins
Project Description
Ealge View Natural Area First and Second Annexations
Applicant: City of Fort Collins
Property Owners: City of Fort Collins
Natural Resources Department
PO Box 580
Fort Collins, CO 80522
The Eagle View Natural Area First and Second Annexations are 100 percent
voluntary annexations of 90.766 acres of property. The proposed annexation
areas are on the east side of South County Road 7 (Strauss Cabin Road),
between Kechter Road and Fossil Creek Reservoir. Per Colorado Revised
Statues 31-12-104, Eligibility for Annexation, the Eagle View Natural Area First
Annexation property has the minimum one -sixth perimeter of contiguous
boundary with the annexing municipality by means of the property to the north of
the reservoir. The Eagle View Natural Area Second Annexation property will
gain the minimum one -sixth perimeter of contiguous boundary via the preceding
Eagle View Natural Area First Annexation.
The proposed Eagle View Natural Area First and Second Annexations are
consistent with the principles and policies of the adopted City Plan as follows:
PRINCIPLE GM-3: The City will consider the annexation of new
territory into the City limits when the annexation of such property
conforms to the vision, goals, and policies of City Plan.
This annexation proposal is located within the Fort Collins Growth Management
Area (GMA) and conforms to the vision, goals and policies set forth in City Plan
for Open Land Corridors. All State of Colorado statutory requirements will be
met and the property will remain as a City -owned Natural Area.
PRINCIPAL OL-1: Preserve and protect open lands within Fort Collins, the
Growth Management Area, and regionally to provide habitat essential to
the conservation of plants, animals, and their associated ecosystems. This
will benefit the citizens of Fort Collins by providing appropriate
opportunities for education, scientific research, nature interpretation,
fishing, wildlife observation, hiking, and other appropriate recreation
activities.
281 North College Avenue — P.O. Box 580 — Fort Collins, CO 80522-0580 — (970) 221-6750 — FAX (970) 224-6134
STATE OF COLORADO
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COUNTY OF LARIMER
ATTACHMENT "B"
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
Circu ator's Si nature
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Page 5 of 6
(6)South 89 degrees 04 minutes 36 seconds East for a distance of 542.00 feet;
THENCE continuing along the said easterly line of Lot 2 and its southerly extension,
South 00 degrees 17 minutes 56 seconds West for a distance of 1898.84 feet to the south right
of way of County Road No. 34E as shown on the Brown MRD S-1-91 recorded August 2, 1991
at Reception No. 91035864 records of the said Clerk and Recorder;
THENCE along the said south right of way, along a non -tangent curve to the left having a
radius of 115.00 feet a central angle of 08 degrees 58 minutes 40 seconds, an arc length of
18.02 feet, being subtended by a chord of North 84 degrees 40 minutes 14 seconds West for a
distance of 18.00 feet;
THENCE continuing along the said south right of way, North 89 degrees 09 minutes 34
seconds West for a distance of 1175.43 feet to the west line of the said Brown MRD S-1-91;
THENCE along the northerly extension of the said Brown MRD S-1-91, North 01 degrees
11 minutes 56 seconds West for a distance of 7.08 feet to the existing south right of way (30.00
feet) of County Road 34E as shown on the said Brown MLD S-60-89;
THENCE along the said south right of way, North 89 degrees 25 minutes 41 seconds
West for a distance of 149.31 feet to the westerly right of way of Strauss Cabin Road as shown
on the said Brown MLD S-60-89;
THENCE along the said westerly right of way, North 00 degrees 07 minutes 56 seconds
East for a distance of 1372.38 feet to the southerly line of the said McClelland's Creek PD &
PLD Second Filing Annexation;
THENCE along the said southerly line, South 88 degrees 09 minutes 32 seconds East for
a distance of 60.03 feet to the easterly line of the said McClelland's Creek PD & PLD Second
Filing Annexation;
THENCE along the said easterly line, North 00 degrees 07 minutes 56 seconds East for
a distance of 1286.58 feet;
THENCE continuing along the said easterly line, North 03 degrees 08 minutes 16
seconds East for a distance of 70.05 feet to the point of beginning.
The above described tract contains 71.684 acres more or less and is subject to all easements
and rights of ways now existing or of record.
I hereby state that the above description was prepared by me and is true and correct to the best
of my professional knowledge, belief and opinion. The description is based upon previously
recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 4 of 6
ATTACHMENT"A"
LEGAL DESCRIPTION OF THE ANNEXATION
DESCRIPTION OF THE EAGLE VIEW NATURAL AREA FIRST ANNEXATION
A tract of land located in the Southwest Quarter of Section 3, in the West Half Section
10, and in the East Half of Section 9, all in Township 6 North, Range 68 West of the
Sixth Principal Meridian, Larimer County, Colorado, more particularly described as
follows;
Considering the west line of the Northwest Quarter of the said Section 10 as bearing
South 00 degrees 07 minutes 56 seconds West between a 2.5" Aluminum Cap
monument PLS 17497 at the Northwest corner of Section 10 and a 2.5" Aluminum Cap
monument PLS 14823 at the West quarter corner of Section 10, based upon GPS
observation and the City of Fort Collins coordinate base, and with all bearings contained
herein relative thereto;
Commencing at the said Northwest corner of Section 10;
THENCE North 40 degrees 33 minutes 05 seconds East for a distance of 51.93
feet to the northeast corner of the McClelland's Creek PD & PLD Second Filing
Annexation to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this
description;
THENCE along the existing north right of way (40.00 feet)of Kechter Road as
shown on the Amended Plat of Lot 1 Of The Buderus MRD No. S-90-87, And Tract `A'
Of The Alexander B. Grant Exemption, a plat recorded at Reception No. 89012294
records of the Clerk and Recorder of Larimer County, South 89 degrees 04 minutes 36
seconds East for a distance of 503.88 feet, to the east line of the said Plat;
THENCE along the said east line, South 09 degrees 16 minutes 36 seconds East
for a distance of 10.16 feet to the existing north right of way (30.00 feet) of Kechter
Road;
THENCE along the said north right of way, South 89 degrees 04 minutes 36
seconds East for a distance of 30.12 feet;
THENCE South 00 degrees 55 minutes 24 seconds West for a distance of 30.00
feet to the north line of the said Section 10 and to the northwesterly extension the
easterly line of Lot 2 of the Brown MLD S-60-89 recorded March 28, 1990 at Reception
No. 90012796 records of the said Clerk and Recorder;
THENCE along the said extended line and along the easterly line of the said Lot
2 the following six (6) courses and distances, (1) South 63 degrees 05 minutes 40
seconds East for a distance of 200.96 feet;
(2)South 16 degrees 40 minutes 08 seconds East for a distance of 52.29 feet;
(3)South 03 degrees 17 minutes 20 seconds East for a distance of 94.74 feet;
(4)South 01 degrees 03 minutes 42 seconds East for a distance of 194.99 feet;
(5)South 00 degrees 21 minutes 56 seconds East for a distance of 367.71 feet;
Page 3 of 6
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the
Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as
the Eagle View Natural Area First Annexation to the City of Fort Collins. Said area, consisting of
approximately 71.684 acres, is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort
Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or
have been met.
3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed
and the City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being
integrated with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the
landowners in the area and own more than fifty percent (50%) of the area to be
annexed, excluding public streets, alleys and lands owned by the City of Fort
Collins.
8. That the City of Fort Collins shall not be required to assume any obligations
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 proposed to be annexed except as may be provided by the ordinance of
the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into
the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict")
pursuant to §37-45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the
Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments
as are levied or will be levied on other similarly situated property in the Subdistrict at the time of
inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may
exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose
such mill levies and special assessments as it has the authority to impose. Petitioners also
agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20
of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins
approve the annexation of the area described on Attachment "A." Furthermore, the Petitioners
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