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Home My WebLink AboutRIDGE ANNEXATION & ZONING - 1-89, A - CORRESPONDENCE - RESPONSE TO APPLICANT (2)DevelodWnt Services Planning, Department �itv of Fort Coilins April 10, 1989 Mr. Sanford Thayer 1827 Michael Lane Ft. Collins, CO 80526 Dear Mr. Thayer, Enclosed is a copy of the "Annexation Agreement" defining which uses will or may constitute "non -conforming uses" on your property recently annexed into the City of Fort Collins as part of the Ridge Annexation. The City Clerk has recorded the original copy of the agreement at the office of Lar- imer County Clerk and Recorder. Please feel free to contact me if you have any questions. Sincerely, tv� Kenneth G. Waido Chief Planner 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 EXHIBIT A I c.�ee 1 'Y1CC Zi\n� � F'1CI.1'A ,k c+ � o \� COUNTRY Cl- . za UGA BOUNDARY WILLOX c \ ooGo9 ....tip: . •f........., s'�y ••'`� �aa LAF10F7Tra •1 ••..�• '•'•• .•' WWTP Nal lJN1� •R� HIGHWAY 14 t.'.'.'• ..� . 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EYylilnp City--&ew.er,Lines Proposs�Mbty Sewer,t es la j i f ' E:tatin9-Disiryct Sewed. Lines ------------ z I: . IJ \ ..�.ro...a»t To Mow III •\�� ..;, uz :ea `F—�_. ;,�.J nD I ..T .� fe »rwns w \� � N»I /TATMMI � �\ "'•. Il 1 R L r, i. [IWmR.Y+." • TO Ir A t' - wur»row 1 I 0,11 a[.... I Y .. ...r ..L41... -T .... a.' \� t ... �. ..... • '`' tad ... It- _ 71 1 ... f �_' w .. r - - - — yyy fa• wry KN10R \ Ir ao• _ '' __ i �� ! :••� 5 1— ' 1• d i , ,iTsr:""ancw+•»vcW+++r/.r': sn'.wnmr+.......Y•w. i � , 1r .. - �''a=� 1988 -- ;; CITY OF FORT COLLINS sl WATER MASTER PLAN 1rc 1 . Existing City Water Mains r.'P»rz +• ; 'h » -� Proposed City Water Mains . Al P Existing District Water Mains 1 I 1 ' Proposed District Water Mains ---_ LCityyyigh-Pressure Zone E '' i t1•uYo•I- /TotAe/ i 0 4VE P, r rats E H. Districts providing service in the area to be annexed which must be notified of the annexation request. Poudre R-1 School District Thompson R2-J School District Poudre Valley Fire Authority Poudre Valley Hospital Larimer County Pest Control Boxelder Sanitation District Cherry Hills Sanitation District Mountain View Sanitation District South Ft. Collins Sanitation District East Larimer Water District Ft. Collins -Loveland Water District ✓ N. CO Plater Conservancy District Sunset T,7ater District West Ft. Collins Water District Public Service Company Poudre Valley REA, Inc. 0 • ANNEXATION AGREEMENT THIS AGREEMENT is executed this 4th day of April, 1989, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("thc City"), and Sanford B. Thayer ("the Owner"), Trustee for the Owners. W I T N E S S E T H: WHEREAS, the Owner is the owner of a certain piece of property located in the County of Larimer, State of Colorado and more particularly described as follows, to wit: A tract of land situate in the Northeast 1/4 of Section 3, Township 6 North, Range 69 West of the Sixth P.M., Larimer County Colorado, which considering the East line of the said Northeast 1/4 as bearing S 00 41' E and with all bearings contained herein relative thereto are more particularly described as follows: Begin at a point on the East line of the said Northeast 1/4 which bears S 00 41' E 1160.87 feet from the Northeast corner of said Section 3 and run thence S 00 41' E 621.69 feet along the said East line; thence N 85 11' W 192.71 feet; thence S 04 55' E 123.72 feet; thence S 88 44' E 182.80 feet to a point on the East line of said Northeast 1/4; thence S 00 41' E 416.31 feet along the said East line to a point which bears N 00 41' W 332.45 feet from the East 1/4 corner of said Section 3; thence S 89 00' W 1320.00 feet parallel to the North line of the said Northeast 1/4; thence N 00 41' W 1149.13 feet parallel to the East line of the said Northeast 1/4; thence N 89 00' E 1320.00 feet parallel to the North line of the said Northeast 1/4 to the point of beginning, containing 34.3187 acres, more or less, and being subject to a County Road right-of-way over the East 30.00 feet thereof. The above -described property being hereinafter referred to as "the Property and WHEREAS, annexation proceedings have been commenced for the purpose of annexing the Property into the City; and WHEREAS, there has heretofore existed upon the Property a certain legally permissible use under State and Larimer County laws and regulations, which use will or may constitute a "non -conforming use under the zoning ordinance of the City upon annexation; and WHEREAS, the parties desire, by this Agreement, to more Particularly define the nature of use conducted upon the property for the purpose of avoiding future disputes regarding the type of use which would be permissible under the ordinances of the City as a non -conforming use. I � J • NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The Owner agrees that, except as the present use of the Property is described hereafter in this Agreement, the Owner shall have no right to any additional uses of the Property, except such uses as conform to the City's zoning ordinance. 2. The City agrees that, in addition to uses which would be permissible pursuant to the City Code, the owner shall have the additional right to conduct the non -conforming use as hereafter described upon the Property. 3. The non -conforming use to which the Property is presently being put constitutes a small farming and livestock raising operation. It is understood that said use is seasonal in nature and contemplates reasonable flexibility in the growing of crops and the raising of livestock. The Owner is not limited in the growing of crops or raising of livestock to the specific crop grown or livestock raised at the moment of annexation but, rather, is entitled to rotate crops and raise a variety of livestock as is typical and customary to a small farming or livestock raising operation. 4. Notwithstanding the immediately preceding paragraph authorizing flexibility in the growing of crops and raising of livestock, it is understood and agreed that the Owner shall not conduct farming operations upon the Property or raise livestock upon the Property in such a manner as to create a nuisance by reason of soil or wind erosion and/or the generation of unreasonable noise or odors not ordinarily attendant to such use. The Owner shall not permit the growth upon the Property of such plants as are declared by the City to be noxious and/or a nuisance nor shall the Owner raise animals upon the Property which are declared in the Code of the City to be a nuisance detrimental to the health, safety and welfare of the citizens of the City. 5. In the conduct of livestock raising upon the Property, it is specifically agreed that the Owner shall be limited to the raising of not more than 50 head of horses, 30 head of cattle, 50 head of sheep or 10 goats or any combination of the above, provided that there shall be no more than 80 head of animals in the aggregate upon the Property at any one time. The Owner shall have the right to continue the aforesaid farming and livestock raising operation upon the Property but shall not have the right to expand said operation beyond the limits as heretofore established. 6. It is understood that, in addition to the principal residence located upon the Property, there presently exists a barn/machine shed, miscellaneous corrals and a mobile home on the Property, all as shown on Exhibit A attached hereto and incorporated herein by this reference. 7. This Agreement constitutes the entire understanding of the parties with regard to the subject matter hereof and may be amended only by subsequent written agreement executed by both of the parties. This Agreement shall inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. E - • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ateven u. tsurxett, (-Aty Manager A,TTEST- Wanda Krajicek, Cit C k APPROVD AS TO FORM: /'a /��- i4l—�— W. Paul Eckman Assistant City Attorney STATE OF COLORADO ) ) ss. County of Larimer ) Sub cribed and sworn to before me this day of , 1999, by Steven C. Burkett, City Manager, and Wan a Krajicek, City Clerk of the City of Fort Collins. Witness my hand and official seal. Notary Public My Commission Expires: �Gixbey Z� The Owner STATE OF COLORADO ) ) ss. County of Larimer ) Subscribed and sworn to before me this J 19 by 1(1 Witness my hand and official seal. day of /"A —sr'js\,� ary ublic My Commission Expires: �-Q the Owner. 3