HomeMy WebLinkAboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - CORRESPONDENCE - ANNEXATION DOCUMENTS (4)wk�� titi�� FLATIRON
SAND AND GRA VEL COMPANY
POST OFFICE BOX 229, BOULDER, COLORADO 80306 PHONE: (303) 444-2151
October 2, 1987
Mr. Kenneth G. Waido
Chief Planner
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
FfAfiroo
Re: East Prospect Annexation
Dear Ken:
IR15CEINfrr)
OCT 13 1987
CITY A,�
Finally getting the necessary papers for annexation of our
East Prospect property, sorry it's taken me so long.
I am enclosing for your review drafts of the Annexation
Petition and the Annexation Agreement. Also, I have enclosed a
map of the property to be annexed.
I call your attention to the fact that the total acres to
be annexed is approximately 100 rather than the 40 acres I
originally identified. The reason for the discrepancy has to
do with factors such as: the shape of the parcels directly
under our control; the way in which our present operations are
spread out over the property and our need for adequate space
for future operations.
Once again, sorry about the delay.
After you've had an opportunity to look this over please
give me a call.
Sincerely,
Mike Hart
' ECEIVE
ITEM FLATIRON EAST PROSPECT ROAD FIRS
Annexation &Zoning
NUMBER 28-$8, a
0
PETITION 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 "A", 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 500 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
•
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.
•
r tract Cf land situate -1ri the COUr..VY Cf L--r'MP-r, s aze Cr CO10,aoo `.,^-wIt:
See attached Exhibit C
FLATIRON CO ANIE
Bv. a�I
0h-ner I c 1-:'=ZtL E
-General- Partner
P.O. Box 229
A.-�=ess
Boulder, CO
tv State
November 16, 1987
�e �e
1 0 0
i.=1 B11 C
A tract of land located in Section 21 and in the Northeast One -quarter of
Section 28, all of Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, Colorado, more particularly described as follows:
Beginning at a point on the South line of the N* of said Section 21, from
which point the Center j Corner of said Section 21 bears S 88026130" E, 366.18
feet, said point of beginning being a corner in the Southerly line of the tract
of land described in Book 72132 at Page 328 of the Larimer County records; thence
N 01010100" E, following the Southerly lines of said tract, 218.65 feet; thence
S 8p046'32" 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 curve having an interior, angle of,
8702114611, a radius of 351.47 feet, a tangent length of 335.66 feet and a chord
bearing N .4.6032'35" W, 485.49 feet; -thence _N 020511 2". W, 112 -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, NW,,'-; thence
N 8802613011 W along said parallel line, 303.45 feet; thence S 01033130" W along
a point on
a line at right angles to the South line, Ni 4-, 1650.00 feet to^the South line,
NWg; said point on the South line,Ni4, 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 8802613011 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 0101010011 W along said parallel line 1491.85 feet to a point which bears
N 88050100" W, 100.00 feet from the NW corner of the tract df 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 01021'57T1 W, 613.42 feet to a point
on the South line of the S* of said Section 21, said point bearing N 88036,0311 W,
437.56 feet from the Sj corner of said Section 21; thence S 88036103" E, 437.56
feet'to said S4 corner; thence, following the last two courses of the tract of
land described in Book 2129 at Page 0969, as Reception No. 42-4883 of the Larimer
county records, S 00011'10" W, 79.12 feet; thence S 84044'03" 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 88035116" W, 135.18.feet; thence
R' 43015'00" W, 285.33 feet; thence N 03040145" E, 420.13 feet to a point on the
Northerly line of the last mentioned tract, said point bearing S 60046109" E,
•
EXHIBIT C, Page 2
96.74 feet from the NW corner of said tract; thence N 60046109D 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 Lari.mer County records, 1892.39 feet to the point of beginning.
Containing 27.487 acres, more or less.
Subject to any easements, rights —of —bray and/or restictions of record or existing
on the ground.
Revised: 11/20/86
0
.r ac t cf !and situate in the Court}, c_ 1 ar i7ez , State cr Col oradC) =—Nit:
See attached Exhibit D
FLATIRON CO PANIES
By
Dgne_r l s S1� ,---s
General partner
P.O. Box 229
Ad'—;- ess
Boulder, CO 80306
C: tV $ � a—te --
November 16, 1987
aJG"..E
D.Tiez' s S1 1Gt rE
1L.: --- ess
LctE -
•
E =KT D
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 Center 4 Corner of said Section 21; Thence N 880 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 Ol° 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 are of
a curve concave Northeasterly to a point of tangency, said arc of curve having an
interior angle of 870 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 020 51' 42" W,
1123.45 feet to a point on a line which is parallel to and 165C.00 feet distant
Northerly at right angles from the South line of the NW4 of said Section 21, said
point being the TRUE POINT CJF MGINNING; 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 NW,-,- of said Section 21, 165C.00 feet to a point on the
South line of the Nk4, 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 1:3 as Reception
No. 169710 of the Larimer County Records; Thence N 860 26' 301, 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 000 17' 23" E, along the West line of said N'61', 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 Nk4i Thence S 880 14' 33" E, along said parallel
line, 726.74 feet; Thence S Ole 45' 27" W, along a line at right angles to said
North line of the NWT, 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 N`W ;
Thence S 88o 14' 33" E, along the last mentioned parallel line, 74.C.60 Ieet to a
point which bears N 010 33' 30" E from the true point of beginning; Thence
S 010 33' 30" W, 722.72 feet to the TRUE POINT CF BEGINNING.
CON`TINING 70.837 Acres, more or less.
SUBJECT TO any easements, rights —of —way and/or restrictions of record or existing
on the ground.
PIC-
.r,.. T �:�::r�_wT
�
f tract cf land situate in the County of Lar271er, State cr Colc_ade to -wit:
See attached Exhibit E
PROSPECT LAND COMPANY
By:
�.:.-ee
GenerL Managr
P.O. Box 229
A :^"ess
Boulder, CO 80306
C_tv smote i+p
November 16, 1987
T..�L
uc �_
C)'mer - s
; dNess
C�.=' State C-p
Date _
•
E}OiIE:': E
E
A tract of land located in the N4 of Section 21, Township 7 Forth, 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' 30" W, along
the South line of the NW� 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, said tract corner being the TRUE POINT
OF BEGINIZING; 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 87o 21' 461f, a
radius of 351.47 feet, a tangent length of 335.66 feet and a chord bearing
N 46o 32' 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 Nib of said Section 21; Thence N 01-0 33' 30" 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 Ni,-4' of said Section 21; Thence
S 880 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 03o 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 880 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 16' 57" E, 311.07 feet to the SW corner of the tract described in Book 1137
at Page 300; Thence S 880 14' 33" E, along the South line of the last mentioned
tract, 16C.00 feet to the M corner of that tract, a point on the East line of the
N74- of said Section 21; Thence S 000 23' 55" W, along the East line of the said n 7
612.55 feet to the PEr corner of the tract described in Book 2132 at Page 328; Thence,
following two courses of the last mentioned tract, S 57o 23' 22" W, 930.13 feet and
S. 000 23' 55" W, 730.0.0 feet to the TRUE POIL`"T OF 1EGINNING.
CMITAINING 33.150 Acres, more or less.
SUB =— TO any easements, rights —of —way and/or restrictions of record or existing
on the ground.
i^O' OF F.E ::- Pp,�D� '
Its =-M AN��;:01;
r ,sacj of -,ant' situate -n ;he County o� Larinp Sate of Coloraao =-wit:
See attached Exhibit F
JAAZES G. MILNE, JR.
Box 54
1z:-- ess
Lucerne, CO
City S ate
November 16, 1987
L tract of land located in th
e NW-, of
Section 21, Towns: ip 7 2; crth, hazge 68 West
of the Sixth Principal Meridian, Larimer '-ounty, Coloradc, more particularly
described as follows;
Beginning at the NW Corner of said Section 21; Thence S 00o 17' 23" k', along the
West line of the NW� 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 NW,� of said Section 21; Thence S 880 1411 33" E, along said parallel line,
2132.58 feet to the NE corner of the tract described in Book 2015 at Page 207 of
the said Larimer County Records; said 12 tract corner being the TRUE POINT CF
BECUM INC; 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 1137
at Page 300,; Thence S 001 23' 55" W, along the West line of the last mentioned
tract, 544.40, feet to the SW corner of that tract; Thence S 8p0 161 57" W, 311.07
feet to the M corner of the tract described in Book 2152 at Page 243; Thence
N 03° 54' 33" W, along the East f t' y' 1 ,
line o_ one las,. mentioned ,.tact and stong.the East
line of the tract described in Book 20l ^ 5 at Page g 2C 7 , 56.,. 11 feet to the TRIM
POIT OF MGMIMMI .
GW'LAI;ING 4.205 Acres, more cr less.
u& - —.;. TO any easements, rights-ef-way and/er restrictions of record or existing
on the ground.
I 't
CES7 1:77:O"" CF F ;:- PRO?'^.._•
t mac: of lane situate ±n the Co.L^tv cf State cr Colorado tc-uit:
See attached Exhibit G
PROSPECT LAND COMPANY
Bv.
C.
General manager
P.O. Box 229
;J.-�r�ess
Boulder, CO 80306
;.�tti' S e . �p
November 16, 1987
i+ate
C)Vl'r2ar ' £ Si=4E:Z7.r e
Ii:.d_ress
t
State -
--z -
•
EXRIEIT G
A tract of land located in the NW� 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 NW Corner of said Section 21; Thence S O00 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 NW; of said Section 21; Thence S 880 14' 33" E, along said parallel line,
1079.45 feet to the TRUE POINT OF EEGINNING; Thence S 880 1.4' 33" E, continuing
along said parallel line, 586.44 feet to the NW corner of the tract described in
Book 1363 at Page 527 of the said Larimer County Records; Thence S 030 54' 33" E,
along the nest 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 N* of said Section 21; Thence N 880 14' 33" W, along the last mentioned
parallel line, 61C.95 feet to a point which bears S 010 45' 27" V from the true
point of beginning; Thence N Olo 45' 2711 E, along a line at right angles to the
North line of the NW4, 247.00 feet to the TRUE POINT OF MGIrUJING.
WNT INING 3.395 Acres, more or less.
SUB EC, TO any easements, rights —of —way and/or restrictions of record or existing
an the ground.
•
�� A,%,_7wT:CN
--a- or Land situate in the County of Lzim=, State or Colorado tc-wit:
See attached Exhibit H
FLA N C IES
Bv:
General Partner
kress
�--v StaLE +p
; ldo e s s
41
C� �y StaLE Z�p
:7
ILilTT x
�l..
A tract of land located in the NWT 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 NW Corner of said Section 21; Thence S 000 17' 23" W, along the
West line of the NW� 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,
726.74 feet to the TRUE POINT CF BEGINNING; Thence S 881 14' 33" 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 NW' 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 Ni 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 010 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 NW4 of said Section 21, 247.00 feet to the TRUE
POINT OF MOINNNING.
CONTAD ING 2.000 Acres, more or less.
SU=CT TO any -easements, rights —of —way and/or restrictions of record or existing
on the --r ound .
j
C�
LEGAL DESCRIPTION OF REAL PROPE.T?TY
INCLUDED IN TIE 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
By:
Owner's Signature
General Manager
Address
C,tv State Zip
Owner's Signature
Address
City State Zia
Date Date -
R}.I.IB� I
(ROW Prospect Ave.)
A tract of land located in the NW of Section 21, Township 7 North, Range 68'West
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 000 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 NW4 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 000 23' 55" E, along said tract line, 30.01 feet to the NW
corner of said tract, a point on the North line of the NW4 of said Section 21;
Thence N 881 14' 33" W, along the North line of the NW4 of said Section 21, 2465.85
feet to the point of EEGINT;ING.
COMIAINING 1.712 Acres, more or less.
SUBJECT TO any. easements, rights -of -way and/or restrictions of record or existing
on the ground.
1 0 0
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 500 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
0 , 0
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.
E
0
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-
•
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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
CITY OF FORT COLLINS, COLORADO
By:
Steven C. Burkett
City Manager
FLATIRON COMPANIES, by its
General Partner
By:
Edwin C. McDowell, Jr.
General Partner
-3-
i
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:
n
n
Y
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
Colorado, to -wit:
A tract of lard located in Section 21 and in the Northeast One --quarter of
Section •28, all of To,6mship 7 North, Range 68 West of the Sixth Principal
NRridian, Lamer County, Colorado, more particularly described as follows:
Beginning at a point on the South line of the rV.1i of said Section 21, from
U.hich point the Center 4 Cc=aer of said Section 21 bears S 880261300 E, 366.18
feet,ai said point of beginning being a corner in the Southerly �2.1 of the tract
of land described in Book 22.32 at Page 328 of the Larimer County records; thence
N 01010,00" E, owing the Southerly lines of said tract, 21S.65 feet; w ence
S 89046132" W, 1,16.S4 feet to a Southwesterly corner of said tract. and a point
of curvy t="e to he _ lght; thence 535.91 feet along the arc of a c,:-Tve concave
Northeasterly to' a point of. tangency, said curve having an imterior. a_ng1e .of.
87021146", a radius of 351.47 feet, a tangent length of 335.66 -feet and a chord
bear-ing N .46032i35" W, 4F5.49 feet; thence _N 02051'42"• W, „'' .45. feet
to a point on a line zhich is pEral to and
1650.00 feet distant Northerly at right an."les from the South line, Nk'�; thence
N 8802613011 W along said parallel line, 303.45 feet; thence S 01033130" W along
a aoi nt on
a line at right angles to the South line, 2�,A , 1650.00 feet teethe South line,
nt' i said po=�t on the South bearing S 86026r30" E, 584.59 feet from
the IVri c'ner of the , rrcel of land described in Book 17 at Page 143 as Reception
N-c. 169710 of e Latimer County recores; themce S 68026130" B, 617.14 feet along
the jVa Vh 11.:.i+ of V�lii ri� 0f said Section Z; taw Mae S 300553 36r E, 415..iV
6 feet
to a point on a line which is parallel to and 10u.00 feet distant Westerly at
right angles from the prolonged Easterly line of tha parcel of land described _
in Book 1972 at Page 170 as Reception No. 318483 of the Larimer. County records;
thence S 01010100" W along said parallel line 1491.85 feet to a point which beers
N 88050'00" 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 Larime_ County records;
thence S 22°06'17" E, 168.06 feet; thence S 01021157" W, 613.42 feet to a point
on the South line of the S16111. of said Section 21, said point bearing N 88036103" W,
437.56 feet from the S� corner of said Section 21; thence S 88036,03" E, 437.56
feet'to said S—i' corr_er; thence, following the last two courses of the tract of
land described in Book 2129 at Page 0969:gLs Reception No. 424Sc"3 of the Larimer
county records, S 00oll'10" W, 79.12 feet; thence S 84044103" E, 242.49 feet to
an angle point in the Scratherly line of said tract; thence N 01010' 00" E, 100.00
feet; thence N 67012'45" W, 261.63 feet; thence N 88035'16" W, 135.18.feet; thence
N 43015'00" W, 285.33 feet; t:lence N 03040145" E, 420.13 feet to a pc_n., on the
N therly line of th—e last mentioned tract, said point bearing S 60046109n E,
J.
96.74 feet from the NW corner of said tract; thence N 60046109" W, 96.74 feet
to said NW tract corner; thence N O1°10' 00" E along the prolonged Easterly lie
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 27.427 acres, more or less.
Subject to any easements, rights —of —way and/or restictions of record or e=lsting
cn the ground.
A tract of la:�3 located in the NW4 of Section 21, Township 7 North, Range 68 West
cf the Sixth Principal Meridian, Larimer County, Colcrado, more particularly
described as follows:
Be€inning at the Center 4 Corner of said Section 21; Thence N 88° 26' 30" W, along
the South line of the N-WT; 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 L=rimer
County Records; Thence, following two courses of said tract, N 010 10' CO" r,
218.65 feet and S 890 461 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 c-drve concave Northeasterly to a point of tangency, said arc of curve having an
interior .angle of 870 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 02° 51' 42" W,
12Z .45 feet to a point on a line which is parallel to and 165C.00 feet distant
Northerly at r'h Yight angles from the South line of the Nof said Section 2, said
point being the TRUE POINT CF B✓CINNING; Thence N 880 26' 30" W, along said
parallel line, 303.45 feet; Thence S Ol° 33' 30" W, along a line at right angles
J. o the South line of the NW� of said Section 21, 1650.00 feet to a point on the
South line of the Nw , 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 113 as Reception
I,c. 169710 of the Larimer County Records; Thence N 880 261 3011 W, along the South
line of the Nlv�Lj of said Section 21, 1104.89 feet to the West 4 Corner of said
Section 21; Thence N 000 17' 2311 E, along the West line of said Nk4, 2625.46 feet
to a point on a line which is parallel to and 30.00 feet distant Southerly at right
En. ies from the North line of said NWT; Thence S 881 141 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 Nh---, 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
•
Thence S 880 14' 33" E, along the last mentioned parallel line, 74.0.60 feet to a
point which bears N C10 33' 30" E from the true point of beginning; Thence
S 010 33' 30" W, 722.72 feet to the THE POINT CF =GIN ING.
CONT.LI EM 70.E37 Acres, more or less.
SU E ECT TO any easements, righis—of—way and/or restrictions of record or existing
on the ground.
•
h tract of land located in the NW,4 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 NW Corner of said Section 21; Thence S 00° 17' 23" W, along the
West line of the NW� 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 N* of said Section 21; Thence S 880.141 33" E, along said parallel line,
726.74 feet to the TRUE POINT OF MGIM',ING; Thence S 880 14' 33" E, continuing
along said parallel line, 352.71 feet; Thence S 010 45' 271' W, along a line at
right angles to the North line of the NW4 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 na of said Section 21; Thence N 880 14' 33" W, along
the last mentioned parallel line, 352.71 feet to a point which bea-rs S 010 45' 27" W
from the true point of beginning; Thence N 010 45' 27" F, along a line at right
angles to the North line of the NW4 of said Section 21; 247.00 feet to the TRUE
PCII`'T S ==1;iNG .
CM711=1ING 2.000 Acres, more or less.
SU=E CT TO any -easements, rights —of —way and/or restrictions of record or a -sting
on the ground.