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HomeMy WebLinkAboutCRAWFORD ANNEXATION, 719 W. WILLOX - 5-05 - REPORTS - INITIATING RESOLUTIONNOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Crawford Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on July 19, 2005, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the "UE" Urban Estate Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 7th day of June, A.D. 2005. City Clerk Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk RESOLUTION 2005-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE CRAWFORD ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Crawford Annexation; and WHEREAS, the Council ofthe City ofFort Collins desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby accepts the annexation petition for the Crawford Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2, Township 7 North, Range 69 West of the Sixth P.M., and a tract in the Southeast 1/4 of the Southwest 1/4 of Section 35, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows, to -wit; considering the North line of the Northeast 1/4 of said Northwest 1/4 as bearing N89'58'09"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the North line of said Northwest 1/4 which bears S89'58'09"W 181.00 feet from the North 1/4 Corner of said Section 2, and run thence S00'04'08"E 320.80 feet; thence N89'58'09"E 181.00 feet to a point on the East line of the Northeast 1/4 of said Northwest 1/4; thence along said East line, S00'04'08"E 964.74 feet to the Center -North 1 /16 Corner of said Section 2; thence along the South line of the Northeast 1/4 of said Northwest 1/4, S89053'50"W 662.52 feet; thence N00'05'34"W 562.81 feet; thence S89°53'50"W 632.75 feet to a point on the East line of a public and private access easement as recorded in Book 151 at Page 239; thence along said East line, N00'07'01 "W 694.36 feet to a point on the existing South right-of-way line of West Willox Lane; thence along said existing South right-of-way line, S89'58'09"W 30.00 feet to a point on the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 2; thence along said West line, N00'07101 "W 30.00 feet to the West 1/16 Corner on the North line of said Section 2; thence N 00'07'01 "W 30.00 feet to a point on the existing North right-of-way line of West Willox Lane; thence along said existing North right-of-way line, N89'58'09"E 1145.13 feet; thence S00'04'08"E 30.00 feet to the point of beginning, containing 29.5614 acres, more or less, and being subject to a road right- of-way over the North 60.00 feet thereof for West Willox Lane, and being further subject to all easements and rights -of -way which are existing or are of record or as shown on this plat. i i' 1 I I V I It WEST WILLOX Al vE .ra mad right -of -I w limfli - Jo, nhod rjw-oF-Wv �e�'a/v0re r r� n 3or STe,p N0&J E)tC4UDsa &A" 1%2" nbor wM oop w Vm 1 _ .� 71 Nwe 11� 1 a. bead avrod r- wood tot 1 1 wood gp mood N/od � j Ti rowed 1/2'• rwbw with cop Ab SON-'/ Tnwt PbWO a Mday' Lkw ant own�r.— �Mpih �1aMsah a Ff N za ---------------------.------------------------------- CRAWFORD ANNEXATION TO THE CRY OF FORT COLLINS, COLORADO WW FE OV 7W ACKHMST 114 OF THE ND/f"OT 114 OF SECTION Z TOMfk M 7 NORM. WAGE 69 WEST OF THE MW P.AL, AND ALSO IN 7W SOU"CAST 114 OF THE SWP N 5T 114 OF SECTION 4% '/OINIRSHIP d NORTH. RANGE 69 NEST OF THE SVaH P.M., COMM OF LARWW, STATE OF COLMW wr- ww waa a s. - --arl� LGSwL r�..a�✓r/w.R rrrrrr N�� 11�,Nrr. �w �+ • • AI OE57 roar LADE r yYrr.rr rrra.. � r�ii�i�irZli, � rwrrrw ' � , � Z Yi.•rY prw � �i . /� � w,r.�r r�..rri `r r �r �r.r �� (✓ rrr APPM0IEA i'! :� ••• :_= ,�rry fir.-.�ss�ese 30, STic► �r Now EXCLUDED APPROMMt r ww� r4 «rL.�Y.1a•rl ■ � e 'ww• = TO=i«rr APPROWDAS FUM SLO EA S SVUEMDW s rrr..a rrrrrr� �� ���r.«r� y•�r.yrr.r�r rr •rrrrr ,ir►«rI6�I.r.i, r.(Yr �r� a�.r•• rArr,w,rrrrra raver rr�r4rr t it •rs«rrw�r� rr rr-+� ww Lrr,rrrr.ra_ war I � _rmi �-- �«S•rs•�:� r(o t + sw t i was «� rrrrrrr \44 wI �. rJYw.r _ _ a«aslr M.I,rall - .ten r r=-siera•" �waawwrlel�I-cart ,aw arc wttwaarrww - sac r .-O� Land Title Guarantee Company 772 Whalers Way, Suite 100 Fort Collins, CO 80525 970-282-3649 May 10, 2005 Mile High Land & Homes LLC Attn: Norman Wyatt 3101 Kintzley Court Unit T LaPorte CO 80535 RE: Wood Lane and Commitment Order # FC25050017 To Whom It May Concern: In response to Larimer County's letter dated April 27, 2005 I have researched the ownership of the land underlying Wood Lane through the Larimer County Clerk and Recorders records. My research showed a deed recorded April 1, 1902 in Book 151 at Page 239 for a strip of land 30 feet to be used as a road or highway for public and private use. The most current transfer of said strip of land appears to have been to Gordon Lee Jensen and Betty L. Jensen recorded February 16, 1972 in Book 1492 at Page 731 owners of Larimer County Parcel Number 97022-00-029. When I spoke to the Larimer County Assessor's Office regarding the road; it does not have a current parcel number assigned to it and is not being assessed to any one land owner. It is considered a right of way by the Larimer County Assessor's Office. Attached is the current title work for 719 West Willox Lone. The legal description used in the commiment is for Tract "A" of Pakech Boundary Line Adjustment and is excepting therefrom that strip of land conveyed in Book 151 at Page 239 which is the westerly 30 feet thereof, and that which is now known as Wood Lane. Please do not hesitate to call me at 282-3649 if you have additional questions. Sincerely, Wendy A. Bell Title Examiner ATTACHMENT NBC" ATTORNEY CERTIFICATION I, ��i4Uf (/f/Yi✓/Y , an attorney licensed to practice in the State of Colorado, hereby certify that, as dF thee of this certificate, the signers of this Annexation Petition for the area referred to as the L/yi P✓ Annexation to the City of Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment NK of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. AO r �►�� �. j ATTACHMENT"B" STATE OF COLORADO ) )as. COUNTY OF LARIMER ) The undersigned, being first duty 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. r Circulators Signature .•.. • .r Subscribed and swom to before me this day of /�% /oi = v . br .t ? by &Zrg a SM / TN ..�� :O.. .......� WITNESS my hand and off ial seal. Commission Expiration NotTVPublIc ATTACHMENT W LEGAL DESCRIPTION OF THE ANNEXATION A tract of land .situate in the County of Lorimer, State of Colorado, to -wit: A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2, Township 7 North, Range 69 West of the Sixth P.M., and a tract in the Southeast 1/4 of the Southwest 1/4 of Section 35, Township 8 North, Range 69 West of the Sixth P.M., County of Lorimer, State of Colorado, being more particularly described as follows, to -wit; considering the North line of the Northeast 1/4 of said Northwest 1/4 as bearing N89°58'09"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the North line of said Northwest 1/4 which bears S89°58'09"W 181.00 feet from the North 1/4 Comer of said Section 2, and run thence S00°04'08"E 320.90 feet; thence N89°58'09'B 181.00 feet to a point on the East line of the Northeast 1/4 of said Northwest 1/4; thence along said East line, S00004'08"E 964.74 feet to the Center -North 1/16 Comer of said Section 2; thence along the South line of the Northeast 1/4 of said Northwest 1/4, S89°53150"W 662.52 feet; thence N00°05'34"W 562.81 feet; thence S89053'50"W 632.75 feet to a point on the East line of a public and private access easement as recorded in Book 151 at Page 239; thence along said East line, N00'07'01 "W 694.36 feet to a point on the existing South right-of-way line of West Willox Lane; thence along said existing South right-of-way line, S89058'09"W 30.00 feet to a point on the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 2; thence along said West line, N00°07'01 "W 30.00 feet to the West 1/16 Comer on the North line of said Section 2; thence N 00°07'01"W 30.00 feet to a point on the existing North right-of-way line of West Willox Lane; thence along said existing North right-of- way lice, N89°58'09"E 1145.13 feet; thence S00°04'08"E 30.00 feet to the point of begiming, containing 29.5614 acres, more or less, and being subject to a road right-of-way over the North 60.00 feet thereof for West Willox Lane, and being further subject to all easements and rights -of - way which are existing or are of record or as shown on this plat. (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their natures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area - described on Attachment'A` as more particularly described below. A had of land situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the Northeast 1/4 of the Northwest 1/4 of Section 2, Township 7 North, Range 69 West of the Sixth P.M., and a tract in the Southeast 1/4 of the Southwest 1/4 of Section 35, Township 8 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows, to -wit; considering the North line of the Northeast 1/4 of said Northwest 1/4 as bearing N89°58'09"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point on the North line of said Northwest 1/4 which bears S89058'09"W IS1.00 feet from the North 1/4 Comer of said Section 2, and rim thence SOO°04'08"E 320.80 feet; thence N89°58'09"E 181.00 feet to a point on the East line of the Northeast 1/4 of said Northwest 1/4; thence along said East line, SOO°04'08"E 964.74 feet to the Center -North 1/16 Corner of said Section 2; thence along the South line of the Northeast 1/4 of said Northwest 1/4, S89°53'50"W 662.52 feet; thence N00005'34"W 562.91 feet; thence S89053'50"W 632.75 feet to a point on the East line of a public and private access easement as recorded in Book 151 at Page 239; thence along said East line, N00°OTOI "W 694.36 feet to a point on the existing South right-of-way line of West Willox Lane; thence along said existing South right-of-way line, S89058'09"W.30.00 feet to a point on the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 2; thence along said West line, NOO°OTO 1 "W 30.00 feet to the West 1116 Comer on the North line of said Section 2; thence N 00°07'01 "W 30.00 feet to a point on the existing North right-of-way line of West Willox Lane; thence along said existing North right-of-- way line, N89°58'09"E 1145.13 feet; thence S00°04'08"E 30.00 feet to the point of beginning, containing 29.5614 acres, more or less, and being subject to a road right-of-way over the North 60.00 feet thereof for West Willox Lane, and being further subject to all easements and rights -of - way which are existing or are of record or as shown on this plat. I WITNESS WHEROF, Uwe have executed this Petition for Annexation this aytday of , 2 IDS . po illo , tkm dd Two, ac., A Celm.ctdo U#N lard Uab; IrtJ & an PO." •PeSoneeslowises Signature Petitioners/Owne►'s Signature D&AAM or w Mete, m c.✓ M50 &kw,heL44 ,@,i 4y4 f-y Address Address Fvi+ Coll soots, M S050-16 City State zip city state Zip ATTACHMENT 2 PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the mPetitioners") hereby petition the Council of the City of Fort Collins, Colorado for the nexati�n of are, to be referred to the G�'d,ft; Ord Annexation to the City of Fort Collins. Said area, consisting of approximately a?. 66 ly () 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 request that said area be placed In the U rh>" Zone District pursuant to the Land Use Code of the City of Fort Collins. No Text June 7, 2005 -2- Item No. 23 BACKGROUND This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. ATTACHMENTS 1. Vicinity Map 2. Annexation Petition ITEM NUMBER: 23 AGENDA ITEM SUMMARY DATE: June 7, 2005 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Resolution 2005-061 Finding Substantial Compliance and Initiating Annexation Proceedings for the Crawford Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY This item was considered by Council on April 19, 2005, and was postponed to this date to allow staff to determine the ownership of a 30-foot strip of land included in the annexation. The Crawford Annexation has been revised to remove the westerly 30-foot strip. This 30-foot strip was quit claimed in 1902 to another party for access purposes and is not owned by the petitioner. The parcel has been reduced in size and now consists of 29.56 acres. Also it has come to light that the original petition for annexation was signed by the wrong entity, having been signed by Mr. Willox as an individual rather than by the true owner, which is a limited liability company of which he is the manager. Therefore, it is necessary to re -initiate this annexation. The site is located approximately one-half mile west of North College Avenue on the south side of Willox Lane. Contiguity with the existing municipal boundary is gained along the eastern boundary which is shared with the west property line of the Hickory Village Mobile Home Park. Contiguity is also gained along a portion of the southern boundary which is shared with the north property line of the City of Fort Collins Soft Gold Park. The recommended zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on July 19, 2005. Not less than 30 days prior, published notice is required by State law.