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HomeMy WebLinkAboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONPETITION FOR ANNEXATION EAST PROSPECT ROAD The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Flatiron East Prospect Road First Annexation to the City of Fort Collins. Said area, consisting of approximately 144 acres is more particularly described on Attachment "All,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- 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 amendment to Article II of the Constitution of the State of Colorado, passed on November 4, 1980, establishing the requirement that an annexing municipality receive a petition for annexation signed by more than 50% of the landowners in the area owning more than 50% of the land in the area, exclusive of streets and alleys, has been complied with. 8.. That this petition is signed by 100% of the owners of the area to be annexed, exclusive of streets and alleys. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the I-G, General Industrial Zoning District with two conditions, (1) limiting the use of the Property to the Existing Use, as defined in the Annexation Agreement, and (2) any proposed redevelopment of the Property from the Existing Use shall be submitted and reviewed for approval as a Planned Unit Development." • • STATE OF COLORADO) ) ss. COUNTY OF LARIMER) The undersigned, Michael J. Hart, being first duly 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. Michael J. Hart Subscribed and sworn to before me this day of December, 1987. Witness my hand and official seal. My commission expires: Notary Public -2- • • ATTORNEY CERTIFICATION I, , am attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of the attached Annexation Petition are 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 and own more than 50% of the land in said area, exclusive of streets and alleys. Signature Date i C ATTACHMENT "A" TO PETITION FOR ANNEXATION EAST PROSPECT ROAD LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: See Exhibits "C", "D", "E", "F", "G", "H" and "I" to Annexation Agreement. n traC, Of land s,tuate 1ri the COIl^`_' Cf i+Z�11T1�"r S-aLe Cr COlOraC10 See attached Exhibit C FLATIRON COM2ANIES 550��d Rv . -General Partner P.O. Box 229 Ad--ress Boulder, CO 80306 C_:v S�atE �1P November 16, 1987 LG �� A ress C�t� 5�ate 2-p :�fiLe £7G'iIBIT C A tract of land located in Section 21 and in the Northeast One-c;uarter of Section 28, all of Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Be ginning at a point on the South line of the N* of said Section 21, from which point the Center 4 Corner of said Section 21 bears S 88026'30" E, 366.18 feet, said point of beginning being a corner in the Southerly line of the tract of land described in Book -2132 at Page 328 of the Larimer County records; thence N 01010100" E. following the Southerly lines of said tract, 218.65 feet; thence S 89046'32" W, 416.84 feet to a Southwesterly corner of said tract- and a point of mn•vature to the right; thence 535.91 feet along the arc of a curve concave Northeasterly to' a point of, tangency, said curve having an interior, angle of. 87021146111 a radius of 351.47 feet, a tangent length of 335.66 feet and a chord bearing N .46032135" W, 485.49 feet; -thence _N 0205114211.W, =23.45 feet to a point on a line which is parallel to and 1650.00 feet distant Northerly at right angles from the South line, NW4; thence N 88026130" W along said parallel line, 303.45 feet; thence S 01033130" W along a Doint on a line at right angles to the South line, NW,, 1650.00 feet to,,the South line, NWg; said point on the South line,NW4f bearing S 88026130" E, 584.59 feet from the NW corner of the parcel of land described in Book 1729 at Page 143 as Reception No. 169710 of the Larimer County records; thence S 88026130" E, 817.14 feet along the North line of the SW4 of said Section 21; thence S 30053136" E, 475.46 feet to a point on a line which is parallel to and 100.00 feet distant Westerly at right angles from the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records; thence S 01010,000 W along said parallel line 1491.85 feet to a point which bears N 88°50100" W, 100.00 feet from the NW corner of the tract of land described in Book 2129 at Page 0969 as Reception No. 424883 of the Larimer County records; thence S 22006'17" E, 168.06 feet; thence S 01021'57" W, 613.42 feet to a point on the South line of the SW4 of said Section 219 said point bearing N 88036' 03" W, 437.56 feet from the S4 corner of said Section 21; thence S 88036,0311 E, 437.56 feet'to said S-� corner; thence, following the last two courses of the tract of land described in Book 2129 at Page 0969:as Reception No. 424883 of the Larimer county records, S 00011,10" W, 79.12 feet; thence S 84044103" E, 242.49 feet to an angle point in the Southerly line of said tract; thence N 01010100" E, 100.00 feet; thence N 67012'45" W, 261.63 feet; thence N 86035116" W, 135.18.feet; thence N 43015' 00" W, 285.33 feet; thence N 03040' 45" E, 420.13 feet to a point on the Northerly line of the last mentioned tract, said point bearing S 60046'09" E, EXHIBIT C, Page 2 96.74 feet from the NW corner of said tract; thence N 600461090 W, 96.74 feet to said NW tract corner; thence N 01010100" E along the prolonged Easterly line of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483 of the Larimer County records, 1892.39 feet to the point of beginning. Containing .27.487 acres, more or less. Subject to any easements, rights —of —way and/or restictions of record or existing on the ground. Revised: 21/20/86 c h tract cf land situate in the County cd - Z_IM-1-1r , State cr Coi o: aco tc—wit: See attached Exhibit D FLATIRON CO ANIES By: General Partner P.O. Box 229 AiQ:.: eS5 Boulder, CO 80306 :.=tv State C_p November 16, 1987 Daze A: :,:eSs 0 Ea'=T D A tract of land located in the NW4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the Center 4 Gorner of said Section 21; Thence N 860 26' 30" W, along the South line of the NW4 of said Section 21, 366.18 feet to an angle point in the lines of the tract of land described in Book 2132 at Page 328 of the said Larimer County Records; Thence, following two courses of said tract., N 010 10' 00" E, 218.65 feet and S 890 46' 32" W, 416.84 feet to a Southwesterly corner of said tract and a point of curvature to the right; Thence 535.91 feet along the arc of a curve concave Northeasterly to a point of tangency, said arc of curve having an interior angle of 871 21' 4611, a radius of 351.47 feet, a tangent length of 335.66 feet and a chord bearing N 460 32' 35" W, 485.49 feet; Thence N C20 51, 42" W, 1123.45 feet to a point on a line which is parallel to and 1650.00 feet distant Northerly at right angles from the South line of the NW4 of said Section 21, said point being the TRITE POINT CTF IEGINNING; Thence N 880 26' 30" W, along said parallel line, 303.45 feet; Thence S 010 33' 30" W, along a line at right angles to the South line of the NW4 of said Section 21, 1650.00 feet to a point on the South line of the NW4i said point bearing S 880 26' 30" E, 584.59 feet from the NW corner of the parcel of land described in Book 1729 at Page 13 as Reception No. 169710 of the Larimer County Records; Thence N 880 26' 30" W, along the South line of the NW4 of said Section 21, 1104.89 feet to the West 4 Corner of said Section 21; Thence N 00° 17' 23" E, along the West line of said NW4, 2625.46 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of said NW4 i Thence S 880 114' 33" E, along said parallel line, 726.74 feet; Thence S 010 45' 27" W, along a line at right angles to said North line of the L*, 247.00 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of said Ir'i; Thence S 880 14' 33" E, along the last mentioned parallel line, 74C.60 feet to a point which bears 11 010 33' 30" E from the true point of beginning; Thence S 010 33' 3011 W, 722.72 feet to the TRUE POINT CB' t%GINNING. CONTAINING 70.837 Acres, more or less. SUBJECT TO any easements, rights —of —way and/or restrictions of record or existing on the ground. �1,,,r..Vlr� Z?� Tom". • Ai�.."').r.�'y'.7� f, mart o; land situate in the Court.'," of S zte c_ Colorado to -wit: See attached Exhibit E PROSPECT LAND COMPANY By: General Manager P.O. Box 229 Ad►►ess Boulder, co 80306 City state November 16, 1987 Da ME �+y�iis� i. Liii �D„l ., A tract of land located in the NW4 of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the Center -� Corner of said Section 21; Thence N 880 26' 3011 W, along the South line of the NW4 of said Section 21, 366.18 feet to an angle point in the lines of the tract of land described in Book 2132 at Page 328 of the said Larimer County Records; Thence, following two courses of said tract, N 010 10' 00" E, 218.65 feet and S 890 46' 3211 W, 416.84 feet to a Southwesterly corner of said tract and a point of curvature to the right, said tract corner being the TRUE PCI T CF MGINNING; Thence 535.91 feet along the arc of a curve concave Northeasterly to a point of tangency, said arc of curve having an interior angle of 67o 21' 4611, a radius of 351.47 feet, a tangent length of 335.66 feet and a chord bearing N 460 321 35" W, 485.49 feet; Thence N 020 51' 42" W, 1123.45 feet to a point on a line which is parallel to and 1650.00 feet distant Northerly at right angles from the South line of the NWT o£ said Section 21; Thence N G1° 33' 3011 E, 722.72 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of the NW4 of said Section 21; Thence S 86o 14' 33" E, along the last mentioned parallel line, 223.06 feet to a point on the West line of the tract described in Book 1363 at Page 527; Thence S 030 54' 33" E, along said West tract line prolonged, 312.30 feet to the SW corner of the tract described in Book 2152 at Page 243; Thence S 88o 14' 33" E, along the South line of the last mentioned tract, 466.69 -feet to the SE corner of that tract; Thence N 890 161 57" E, 311.07 feet to the SW corner of the tract described in Book 1137 at Page 309; Thence S 880 14' 33" E, along the South line ofthe last mentioned tract, 160.00 feet to the SE corner of that tract, a point on the East line of the N164 of said Section Z. ; Thence S 000 23' 55" W, along the East line of the said n 7 612.55 feet to the PM corner of the tract described in Book Z32 at Page 328; Thence, following two courses of the last mentioned tract, S 570 23' Z2" W, 930.13 feet and S 000 23' 55" W, 730.0.0 feet to the TRUE POINT OF E✓GINNING. C NITAINING 33.150 Acres, more or less. SUBJECT TO any easements, rights -of -way and/or restrictions of record or existing on the ground. • • h tract of !and situate in the County or La=Pler, Sate cr Colo; ado r..c�-wit: See attached Exhibit F JAP4ES G. MILNE, JR. �( Box 54 la...._"ess Lucerne, CO 80646 C;::y S v.cLE ::gip November 16, 1987 ucLe Jv,'*�"' � 51Cilai.4rE ; d :ess rJcLE L tract of land loca Led in the NW:, of Section 21, T ownship 7 N crth, Range 68 'Mie st of the Sixth Principal Meridian, Larimer Counts, Colcrradc, more part ic•.;la 1p described as follows: Beginning at the NW Corner of said Section 21; Thence S 00c) 171 Z" k', along the West line of the M of said Section 21, 3C.01 feet to a point on a line which is parallel to and 3C.00 feet distant Southerly at right angles from the North line of the NWT of said Section 21 ; Thence S 88o 14" 33" E, along said parallel line, 2:32.58 feet to the NE corner of the tract described in Book 2015 at Page 2C7 of the said :,arimer County Records; said IM tract corner being the TKE PCIN7 (1G BEGINI;INu; Thence S 880 14' 33" E, continuing along the aforementioned parallel line, 3,53.21 feet to a point on the West line of the tract described in Book 137 at Page 309; Thence S 000 231 55" W, along the West line of the last mentioned tract, 544-40, feet to the SW corner of that tract; Thence S 8p0 16' 57" W, 31.07 feet to the SE corner of the tract described in Book 2152 at Page 243; Thence N 030 54' 33" W, along the East f t t tract i' Last line o_ ,,ne last mentioned .,_ act and along. +,ne was line cf the tract described in Book 202-2C7 5 at Page g , 560. 11 feet to the TRUE PCINT OF IE4I'ITING . CMT.=ING 4.205 Acres, more or less. TO any easements, rights —of —way and/or restrictions of record o; existing on the €round . C h tract of Ianc situate in the Ccanty cf ter, State cr Colorado t^-w-t: See attached Exhibit G PROSPECT LAND COMPANY Bv. General2anager P.O. Box 229 pz Boulder, CO 80306 November 16, 1987 Bate A ress 1 C�tv State 2�p ;iatE - ExRIEIT G A tract of land located in the NW4 of Section 21, Township 7 North, Ranee 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows: Beginning at the NW Corner of said Section 21; Thence S 000 17' 23" W, along the West line of the NW4 of said Section 21, 3C.01 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of the NW? of said Section 21; Thence S 880 14' 33" E, along said parallel line, 1079.45 feet to the TRUE POINT OF BEGINNING; Thence S 880 14' 33" E, continuing along said parallel line, 586.44 feet to the NW corner of the tract described in Boor 1363 at Page 527 of the said Larimer County Records; Thence S 030 54, 33" E, along the West line of said tract, 248.21 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of the NWJ of said Section 21; Thence N 880 14' 33" W, along the last mentioned parallel line, 610.05 feet to a point which bears S 010 45' 27" W from the true point of beginning; Thence N Ol0 45' 27" E, along a line at right angles to the North line of the Nib, 247.00 feet to the TRUE POINT OF ME GIInJ�ING. CONTAINING 3.395 Acres, more or less. SUBJECT TO any easements, rights —of way and/or restrictions of record or existing on the ground. A'...ra: pmr�gt':�r"�, ��.yv�J� L� +:��+,+ ra""'-"" •TT Ulf �1 act cf lane s::tuate in the County e= :ZrITMEZ, State cr Colerado to-w- See attached Exhibit H FLA N C IES B General Partner Address C1 =v S..ate alp • Lt.!B= H • A tract of land located in the NWT- of Section 21, Township 7 North, Range 68 West of the Sixth Principal Meridian, I,arimer County, Colorado, more particularly described as follows: Beginning at the NW Corner of said Section 21; Thence S 000 17' 23" W, along the West line of the NWT of said Section 21, 3C.01 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of the NWT of said Section 21; Thence S. 880 14' 33" E, along said parallel line, 726.74 feet to the TRUE POINT OF BEGIMING; Thence S 880 14' 3311 E, continuing along said parallel line, 352.71 feet; Thence S 010 45' 27" W, along a line at right angles to the North line of the NWT of said Section 21, 247.00 feet to a point on a line which is parallel to and 277.00 feet distant Southerly at right angles from the North line of the NWT of said Section 21; Thence N 880 14' 33" W, along the last mentioned parallel line, 352.71 feet to a point which bears S Olo 45' 27" W from the true point of beginning; Thence N 010 45' 27" E, along a line at right angles to the North line of the NWT of said Section 21, 247.00 feet to the TRUE POINT OF MCINTTNING . CONTAINING 2.000 Acres, more or less. SUBJECT TO any -easements, rights —of —way and/or restrictions of record or eyisting on the --round. :7 LEGAL DESCRIPTION' OF REAL PROPERTY IN=DED IN THIE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: See attached Exhibit I (ROW Prospect Ave.) PROSPECT LAND COMPANY Bv: 2�2� Owner's Signature General Manager Address City State Zip Date ck%mer I s signature Address u City State Zip Date - IT I (ROW Prospect nve . ) A tract of land located in the NW4 of Section 21, Township 7 North, Range 68 Giest of the Sixth Principal Meridian, Larimer County, Colorado, said tract of land being the Northerly thirty feet of the NW4 of said Section 21 and bounded on the East by the West line of the tract described in Boob: 1137 at Page 309 of the said Larimer County Records, said tract is described more particularly as follows: BEGINNING at the NW Corner of said Section 21; Thence S 001) 17' 23" W, along the West line of the NW4 of said Section 21, 30.01 feet to a point on a line which is parallel to and 30.00 feet distant Southerly at right angles from the North line of the NWt of said Section 21; Thence S 880 14' 33" E, along said parallel line, 2485.79 feet to a point on the West line of the tract described in Book 1137 at Page 309; Thence N OOo 23' 55" E, along said tract line, 3C.01 feet to the NW corner of said tract, a point on the North line of the NW4 0£ said Section 21; Thence N 880 14' 33" W, along the North line of the NW4 0£ said Section 21, 2465.85 feet to the point of EEGINT ING . COMAINING 1.712 Acres, more or less. SUBJECT TO any, easements, rights -of -way and/or restrictions of record or existing on the ground. n ATTORNEY CERTIFICATION I, , am attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of the attached Annexation Petition are owners of real property in the area pro- posed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation and own more than 50% of the land in said area, exclusive of streets and alleys. Signature Date • ATTACHMENT B TO PETITION FOR EAST PROSPECT ROAD ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (the "Agreement") dated as of October , 1987, is between FLATIRON COMPANIES, a Colorado general partnership, P.O. Box 229, Boulder, Colorado 80306 ("Flatiron"), and the CITY OF FORT COLLINS, a Colorado municipal corporation (the "City"). RECITALS A. Flatiron owns approximately 100 acres of land along East Prospect Road on the southern boundary adjacent to the City which land is more particularly described on Exhibit A hereto (the "Property"). An affiliate of Flatiron, Flatiron Paving Company, excavates, imports and processes sand and gravel and conducts manufacturing and sales operations on the Property (the "Existing Use"). The Existing Use is more particularly described hereafter. B. The City desires to annex the Property and Flatiron desires the Property to be annexed. Both the City and Flatiron desire that the Existing Use of the Property be continued, without imposition of any requirement for approval of a Planned Unit Development. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. Upon the filing of a valid Petition for Annexation, the City agrees to annex the Property by passage of an appropriate ordinance (the "Annexation Ordinance") and all other necessary actions. 2. A zoning ordinance adopted contemporaneously with the Annexation Ordinance shall include provisions zoning the Property as an I-G, General Industrial, Zoning District with the following two conditions, (1) limiting the use of the Property to the Existing Use, as defined below, and (2) any proposed redevelopment of the Property from the Existing Use shall be submitted and reviewed for approval as a Planned Unit Development. 3. The Zoning shall allow expansion, modernization, additions, updating, increased capacity and the like, of the Existing Use, without imposition of any requirement for approval of a Planned Unit Development. 4. The Existing Use includes, but is not limited to, the following: 4.1 The excavation, delivery and sale of sand, gravel and earth, the manufacturing and sale of construction aggregates and the use of all equipment directly associated with or incidental to such excavation, importation, manufacturing, and delivery. 4.2 The manufacturing, delivery and sale of asphaltic concrete and the use of all equipment directly associated with or incidental to the manufacturing of asphaltic concrete and its delivery and placement. 4.3 The manufacturing, delivery, placement and sale of ready -mixed concrete and the use of all equipment directly associated with or incidental to the manufacturing of ready -mixed concrete, including, but not limited to, concrete mixer trucks and placement equipment. 4.4 Importation of sand, gravel, crushed stone, asphalt oil, additives to asphalt concrete and ready - mixed concrete, cement, used concrete, used asphalt and all other raw materials directly associated with or incidental to the operations identified herein. 4.5 Stockpiling of sand, gravel, crushed stone, used concrete, used asphalt and all other materials directly associated with or incidental to the operations identified herein, both as raw material (unprocessed) and as finished product (processed) material. 4.6 The recycling of sand, gravel, crushed stone, used concrete, used asphalt and all other materials directly associated with or incidental to the operations identified herein. 4.7 The maintenance,'repair, storage, parking and occasional sale of all equipment either directly associated with or incidental to the operations described herein, or directly associated with or incidental to the construction of roads, bridges, curbs and gutters, and concrete structures. 4.8 The maintenance, repair, replacement, upgrading and modernization of any and all buildings, plants and equipment directly associated with or incidental to the operations described herein. -2- 4.9 Office and scale facilities, along with sales, service, estimating and all other activities directly associated with or incidental to the operations described herein. 4.10 Fuel storage incidental to the operations described herein, including but not limited to, gasoline, diesel, natural gas, propane, compressed natural gas and coal. 4.11 All activities directly and indirectly related to the operations described herein. 4.12 The Existing Use is agreed to be a presently existing legal use, as of date of annexation. 5. Cottonwood may, in its sole discretion, withdraw its Petition for Annexation at any time prior to the Second Reading of the Annexation Ordinance if it disagrees in any way with the wording of the Annexation Ordinance, or the zoning ordinance or if, for any reason, it decides that it prefers not to have the Property annexed to the City. 6. This Agreement may be recorded in order to put interested parties on notice of the terms hereof. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first set forth above. Attest: City Clerk -3- CITY OF FORT COLLINS, COLORADO By: Steven C. Burkett City Manager FLATIRON COMPANIES, by its General Partner By: Edwin C. McDowell, Jr. General Partner F- 0 STATE OF COLORADO) ) ss. COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this day of , 1987, by Edwin C. McDowell, Jr., as General Partner of Flatiron Companies, a Colorado partnership. Witness my hand and official seal. My commission expires: -4- Notary Public • EXHIBIT "A" TO ANNEXATION AGREEMENT LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colo- rado, described as follows, to -wit: 0 2