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Home My WebLink AboutRIDGE ANNEXATION & ZONING - 1-89, A - CORRESPONDENCE - RESPONSE TO APPLICANT (3)Develo*nt Services • Planning Department City of Fort Coilins April 10, 1989 Mr. Al Kilminster 4621 South Shields Street Ft. Collins, CO 80526 Dear Mr. Kilminster, 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 Larimcr County Clerk and Recorder. Please feel free to contact me if you have any questions. Sincerely, �LsZy '�'�• !�t/G2� Kenneth G. Waldo Chief Planner 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 EXHIBIT A UGA BOUNDARY S%., WILLO), .......... . ......... ............. ........... . . . . . . . . . . . . . . . . . . . . . . . ... . . . . ......... .... . . . . . . . . . . . . . ... . . . . ......... ......... . . . . . . . . . . . . . . .................... .................. ................... .................. ......... . AOWO 11 �49. Xi� •0 ..... ........... . ....... .. w TP M- . . . . .• . . . . . HIGI . . . . . . . ... . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . XX...... X. . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . ... . . . . . . . _j. X ........... ...... .................. ........ ............ ......... O. R X........ .... ......... *.-*..* . ........ .. . ....... .......... ... i: TRILBY RD, CO. 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P �. `♦ � CRT rTr ,1 Nrla,.e ♦ W '� N 1 eTaM11N' I.IWql Nr1,e 4 ra ue e - • !D .IINe w�w RNM RAeIOR E ' es111. .TOMw wi ik 1 u CITY OF FORT COLLINS .. to 'I WATER MASTER PLAN Existing City Water Mains 'r Proposdd City Water Mains I Existing District Water Mains 1,. Proposed District Water Mains City iyh-)'treasure Zone .R, 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 Authoritv Poudre Valley Hospital Larimer County Pest Control Boxelder Sanitation District Cherry Hills Sanitation District Mountain View Sanitation District South Ft. Collins Sanitation District East Laritmer Water District Ft. Collins -Loveland Water District ✓ N. CO Plater Conservancy District Sunset f,�ater District West Ft. Collins Water District Public Service Company �/ Poudre Valley REA, Inc. • L ANNEXATION AGREEMENT THIS AGREEMENT is executed this 5th day of April, 1989, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the City"), and Alan E. Kilminster ("the Owner"). 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: Beginning at a point on the East Line of Section 3, Township 6 Range 69 West of the 6th P.M., 500 feet South of the Northeast corner of said Section, thence S 89 W 500 feet, thence South 125 feet, thence N 89 E 500 feet, thence North 125 feet to the point of beginning, County of Larimer, State of Colorado. 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. 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. a 2. The City agrees that, in addition to uses which would be permissible pursuant to the City Code, the owner shall have the additl..:.al 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 2 head of horses, 2 head of cattle, 4 head of llama or 4 head of goats or any combination of the above, provided that there shall be no more than 4 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, and miscellaneous corrals 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. 6 4 • • IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. AT EST: Wanda Kra jicek, C ty C rk APPROVED AS TO FORM: W. Paul Eckman Assistant City Attorney STATE OF COLORADO ) ) ss. County of Larimer ) THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Steven C. Burkett, City Manager Subs ribed and sworn to before me this s. 1 day of 19gl, by Steven C. Burkett, City Manager, and Wandh Krajicek, City Clerk of the City of Fort Collins. Witness my hand and official s21 Notary Public My Commission Expires: e✓ 1.2, /99A J 19 i /: (� Lt'I"-- , d j�vv �%l�Ci The Owner STATE OF COLORADO ) ) ss. County of Larimer ) Subscribed and sworn to before me this J day of 19a, by the Owner. Witness my hand and official seal. of ry P blic �My Co ission Expires 3