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Home My WebLink AboutBLUE SPRUCE FARM ANNEXATION & ZONING - 33-87, A - - ANNEXATION DOCUMENTS (3)• • MARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 110 EAST OAK STREET ARTHUR E. MARCH, JR. RAMSEY D. MYATT FORT COLLINS, COLORADO 80524 ARTHUR E. MARCH MARK L. KORB (303) 482-4322 1909-1981 - JOSEPH T. CARROLL, JR. MAILING ADDRESS: ROBERT W. BRANDES, JR. P.O. BOX 469 RICHARD S. GAST FORT COLLINS, CO 80522 LUCIA A. LILEY J.BRAOFORD MARCH May 8, 1987 Mr. Art sser DiFado r of Administrative Services MAY 111987 CoState University Follins, Colorado 80523 PLANNING RE: Timberline (Blue Spruce) Annexation DEPARTMENT Dear Mr. Jesser: Lucia Liley of this office requested that I send to you documents relative to the Timberline Annexation. They include a revised original Petition for Annexation which shows the total acreage in the area to be annexed as 173.2442 acres, consisting of property owned by Blue Spruce Farm and Colorado State University. The Petition has further been revised by changing the language on page 2, paragraph 4 of the Petition to read as follows: "4. The jurisdiction of the municipal. court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; provided however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in Colorado Revised Statutes, §23-5-106 and §23-5-107." In addition to the revised Petition, I have also enclosed a copy of Exhibit A which is the legal description of a1.1 property to be included in the Blue Spruce annexation to the City of Fort Collins. A map of the Blue Spruce Farm annexation to the City of Fort Collins has been prepared by engineers for the project and is also submitted with this letter for your reference. At this time, the engineers are also preparing the legal description for the Dedication of Easement which will be required of the State Board of Agriculture by the City as a part of the annexation process. Mr. Art Jesser Page 2 May 8, 1987 We will send the Deed of Easement to you under separate cover as soon as it has been prepared in final form. In the meantime, should you have any questions or need any additional information prior to the Board's consideration of this item, do not hesitate to call. Sincerely, MARCH, MYATT, KORB, CARROLL & BRANDES By: C'c Peggy J. o es Paralegal PJR/jlb Enclosures cc Andy Kasic Paul Eckman Roberta Martin Tom Peterson Ken Waido ,, gt/letter p/2 • • PETITION FOR ANNEXATION THE UNDERSIGNED hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Blue Spruce Farm Annexation to the City of Fort Collins. Said area, consisting of a total of approximately 173.2442 acres is more particularly described on Exhibit "A" attached hereto. The petitioner alleges: 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 31-12-105, C.R.S. 1973, exist or have been met. 3. That not less than one -sixth 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 than 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. Petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed; 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof shall remain in the State Board of Agriculture AND THE PROPERTY CONTINUES TO BE USED FOR EDUCATIONAL, RESEARCH, EXTENSION AND RELATED SUPPORT SERVICES. 4 • • Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed insofar as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public health, and safety; 4. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the university officials, to exercise the authority provided in Colorado Revised Statutes, §23-5-106 and 23-5-107. This petition may be signed in counterparts by each petitioner hereto and all such counterparts shall constitute one agreement. OWNER: STATE BOARD OF AGRICULTURE Date Paul S. Salas, President Room 202 Administration Building Colorado State University Fort Collins, Colorado 80523 STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 1987 by My commission expires: Notary Public day of , EXHIBIT A LEGAL DESCRIPTION OF TOTAL ANNEXATION A part of the Northwest 1/4 and of the South 1/2 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., Larimer County, Colorado, which, considering the West line of said Northwest 1/4 as bearing N 00° 25' E, and with all bearings contained herein relative thereto, begins at the West 1/4 corner of said Section 29, and runs thence along the West line of said Northwest 1/4, N 00° 25' W 1323.0feet; th55en46"SE8826651.09 46". E 1380.61 feet; thence S 00° 38' 40" W 800.00 feet; e feet to the North — South centerline of said Section 29; thence along said centerline, S 000 22' 01" W 622.98 feet; thence S 88° 55' 46" E 1295.89 feet; thence S 00° 22' 01" W 1226.89 feet to the South line of the North 1/2 of the South 1/2 of said Section 29; thence along said South line, N 88° 59' 26" W 3941.59 feet to the 0WWes li ne"oE 1331.07 the Southwest 1/4 of said Section 29; thence along said West line, feet to the point of beginning, EXCEPT a tract of land situate in the Northwest 1/4 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., County of Larimer, State of Colorado, which, considering the West line of said Northwest 1/4 as bearing S 00° 25' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00° 25' W 2159.50 feet, and again S 89' 35' E 30.00 feet from the Northwest 1/4 of said Section 29, and runs thence S 89° 35' E 231.50 feet; thence S 00' 25' W 150.00 feet; thence N 89° 35' W 104.35 feet; thence S 00° 25' W 96.00 feet; thence N 89° 35' W 122.15 feet; thence N 00° 25' E 246.00 feet to the point of beginning. The annexation contains 173.2442 acres more or less.