HomeMy WebLinkAboutBLUE SPRUCE FARM ANNEXATION & ZONING - 33-87, A - - PETITIONMARCH, MYATT, KORB, CARROLL & BRANDES
ATTORNEYS AND COUNSELLORS AT LAW
ROBERTSON BUILDING
110 EAST OAK STREET
RATHER E. MARCH, JR. RAMSEY D. MYATT FORT COLLINS, COLORADO 80524
MARK L. KORB (303) 482-4322
JOSEPH T. CARROLL, JR.
ROBERT W. BRANDES, JR.
RICHARD S. GAST
LUCIA A. LILEY April 2, 1987
J. BRADFORO MARCH
Mr. Andrew J. Kasic
Special Assistant for Legal Affairs
Colorado State University
102 Admission Building
Fort Collins, Colorado 80523
Mr. Arthur D. Jesser
Director of Administrative Service
Colorado State University
Fort Collins, Colorado 80523
Mr. Thomas Grip
Administrative Vice -President
Colorado State University
Fort Collins, Colorado 80523
RE: Timberline (Blue Spruce) Annexation
Gentlemen:
ARTHUR E. MARCH
1909-1981
MAILING ADDRESS:
P.O. BOX 469
FORT COLLINS, CO 80522
RECEIVED
APR 31987
DEPARTMENT
For some time discussion has been underway among
representatives of Colorado State University, the City of Fort
Collins and Blue Spruce, Inc. on the above -referenced annexation,
specifically the inclusion in that annexation of a 4.7 acre
parcel owned by Colorado State University and the request by the
City that C.S.University dedicate forty feet of street
right-of-way in connection with the improvement of Timberline
Road. All information relating to the C.S.U. annexation and
dedication, including an annexation plat, has been previously
provided to C.S.U. representatives.
The problem which surfaced with regard to the annexation was
the City's proposed wording on the annexation petition. The City
had requested that the typical wording be changed so that certain
municipal limitations be applied only, ". . .so long as the
subject property continues to be held exclusively and directly
for educational purposes."
In an attempt to resolve this issue, a meeting with all
parties was held in my office on November 18. At that meeting,
we discussed the goals of the City and CSU in the annexation and
various language proposals to accomplish those goals. Although
Mr. Andrew J. Kasic
Mr. Arthur D. Jesser
Mr. Thomas Grip
Page 2
April 2, 1987
at the end of the meeting we all agreed in concept on what we
were trying to accomplish - i.e. not having CSU under City
zoning, building or licensing codes so long as the property were
to be used for general C.S.U. purposes and not as private
development - we did not reach agreement on specific wording.
Since that meeting, there have been several conversations
among myself, Paul Eckman, the Assistant City Attorney, and Tom
Peterson, the City Planning Director, concerning appropriate
language. At this point, the City has agreed on the following
phrase to be added to the municipal limitations section:
and the property continues to be used for educational, research,
extension and related support services." (Please see the
attached annexation petition for the complete language).
The proposal for the dedication of right-of-way is unchanged.
The City request is that CSU grant the City 40 feet of additional
street right-of-way, 30 feet of which would be a standard
dedication and 10 feet of which would be paid for by the City at
market value. This additional right-of-way would allow for the
arterial widening of Timberline Road.
A couple of weeks ago, Andy and I briefly discussed
scheduling of the annexation/dedication proposal with the State
Board of Agriculture. Andy suggested that we target the May
meeting since it will be in Fort Collins.
On behalf of Blue Spruce and the City, I would request that
this item be placed on that agenda and that we all use the time
until that meeting to meet, discuss and resolve any outstanding
issues.
Please advise if you need any additional information or
documents or if we can assist in any way.
Sincerely,
MARCH, MYATT, KORB, CARROLL & BRANDES
LAL/j lb
Enclosure
cc Roberta Martin
Paul Eckman
Tom Peterson
Ken Waido
J •
f
6.
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
174.3106 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 prosed 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.
Provided, however, that the jurisdiction of the City of Fort
Collins shall extend over the property annexed in so far 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;
3. 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 impose upon its
students and employees any supplemental traffic regulations
or restrictions or to impose such other penalties as are
consistent with their status, with respect to the
university.
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 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 day of ,
1987 by
My commission expires:
Notary Public