HomeMy WebLinkAboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - CORRESPONDENCE - LEGAL COMMUNICATION9 0.
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
TO: Paul Eckman, Assistant City Attorney
FM: Ken Waido, Chief Planner
DT: December 31, 1987
CI ry A 7-r®,
'eY
RE: Flatiron East Prospect Road First Annexation
I have received a revised draft petition and annexation agreement from Fla-
tiron Companies regarding the potential annexation of approximately 144
acres located along East Prospect Road. I have done a preliminary review
of the documents from a planning perspective and have noted some minor cor-
rections. Could you please review the documents from the legal perspec-
tive? Thank you.
P.S. Try not to take until next year to respond to this memo.
OFFICE OF DEVELOPMENT
SERVICES, PLANNING
300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
•
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 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 Agreementas
and (2) any proposed
redevelopment of the Property frome Existing Use shall be
submitted and reviewed for approva a Planned Unit
Development." i
hcrctol
Att,tt,4;"e&tt "6„ uttactiti
0 •
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.
Subscribed and.sworn to before me this
December, 1987.
Witness my hand and official seal.
My commission expires:
-2-
Michael J. Hart
Notary Public
day of
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:
7 — "? Lc1•rI Wes e-rIle' -fj ti d-F �y� �Ocvi� r!r✓ of f�+= 4&,Zee -to /pc e{prtc XW
See Exhibits "C", "D", "E", "F", "G", "H" and "I" to
Annexation Agreement.
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
•
•
ATTACHMENT B
TO PETITION FOR
EAST PROSPECT ROAD
ANNEXATION AGREEMENT
AN ON AGREEMENT (the "Agreement") dated as of
October 198 is between FLATIRON COMPANIES, a Colorado
genera r 1p, P.O. Box 229, Boulder, Colorado 80306
("Flatiron"), and the CITY OF FORT COLLINS, a Colorado municipal
corporation ( the "City") . ���� 1k11o0
RECITALS
A. Flatiron owns approximatel 00 cres of land along East
Prospect Road on the southern bou dar djacent to the City which
land is more particularly describ 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.
AaPRP.MRMT
NOW, THEREFORE, in consideration of the mutual promises
herein contained, the parties agree as follows: CZ C % c"v'fe3 to �vlv1c.J'-016-1 04 Z1)Nt
1. Upon the filing of a valid YDetition for Annexation, the
C,4t-A City agrees to annex the Property by passage of an appropriate
ordinance (the "Annexation Ordinance") and all other necessary
actions.
�l� t 5actt Alt
�t�oa
yuy I
aL
2. A zoning ordinance adopted contemporaneously with the 1y k1.5
Annexation Ordinance shall include provisions zoning the Property D� yt600A
as an I-G, General Industrial, Zoning District with the following U.y
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.
D
.\V�. `o„
4.12 The Existing Use is agreed to be a presently � 4k,
existing legal use, as of date of annexation.
7 -V t tAL1
5. ottonwoo y, in its sole discretion, withdraw its
Petitio nnexation 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. Burket
City Manager
FLATIRON COMPANIES, by its
General Partner
By:
Edwin C. McDowell, Jr.
General Partner
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
Colorado, to -wit:
A tract of lan'' located in Section 21 and in the Northeast One -qu--ter of
Section -28, e?1 of Township 7 North, Range 68 West of the Sis.th Principal
2Bridian, Latimer Counts, Colorado, more particularly described as follows:
Beginning at a point on the S onth line of the ArvY of said Section 2, from
u;hich point the Center 4 Corner of said Section 21 bears S 8S°26'30" E, 366.18
feet, said point of beginning ' eing a co_-ner in the Southerly -ne of the tract
of land described in Boob: .2232at Page 328 of the Latimer County records; thence
N 01010100" E, following the Southerly lines of said tract, 21E.65 feet; t:.ence
S 8p046132" W, 416.84 feet to a Southveste.ly corner of said tract-a� a point
of cr�-t-atz.�--�e to the right; thence 535.91 feet along the arc of a c,:_--ve concave
Northeasterly to' a point of. tangency, said curve having an ihtericr- ahE-16 -of,
87021146", a radirs of 351.47 feet, a tangent length of 335.66 feet and a chord
bearing N .46032' 35" W, 4¢5.49 feet; thence _N : C2051' 7.2"• W, "'' .45 feet
to a point on a line ;:=.ich is p� lel to am
1650.00 feet distant Northerly at right angles from the South lino, KW ; thence
N 88026130" W along said parellel line, 303.45 feet; thence S O1o33130" W elong
a aoi nt on
a line at right angles to the South line, Nw4 f 1650. 00 feet te` tue S cru Vh
I:k47 said point on tze South line, NT, bearing S 880261301' E, 584.50 feet from
the MIN C=of tZe CE1 Cf iar: aescr-�? in Rook 1. 01 a.- Page a5 %eCept-ion
..
No. 1617710 cf the Lerimer Co-_.ty records; thence S 8c=2o 30r e, 517.:4 feet al=ng
the North l_n- of the Sw of said Section 2; th-ence S 30053136" E, 475.46 feet
to a point on a !-me which is parallel to and lOC.00 feet distant Westerly at
.fight angles fr= the prolonged Easterly line of tho parcel of land described _
in Book 1972 at Page 170 as Reception No. 318483 of the Larimer Co-v-ity records;
thence S 01010100" W along said parallel lin- 1w91.85 feet to a point which bears
R? 88050' 00" W, 10C.00 feet from the NW corner of the tract of land descri'oed in
Book 2129 at Page 0969 as Reception No. 424S83 of the Larimer County records;
thence S 22c'0" 17" E, 168.06 feet; thence S C1021' 57" W, 613.42 feet to a point
on the Scsth line of the S141 of said Section 21, said point bearing N 88o361031' W,
437.56 feet from the Si corner of said Section 21; thence S 88036,03" E, 437.56
feet to said S cerner; thence, following the last two courses of the tract of
land described in Book 2129 at Page 0969-rs Reception No. 424883 of the Larimer
county records, S 00011' 10" W, 79.12 feet; thence S 6404410311 E, 242.49 feet to
an a_-igle point in the Southe=ly line of said tract; thence N 0101010011 E, 100.00
feet • thence N 67012' 45" W, 261.63 feet; thence N 88035' 16" W, 135.18. feet; t:wnce
N 4301"00" W, 265.33 feet; thence N C3040145" E, 4.20.13 feet to a ne_nt on the
N therly line of the last mentioned tract, said point bearing S 60046100,11 E.
96.74 feet fr cm the NW corner of said tract; thence N 60046' 09° W, 96.74 feet
to sa :d NW tract cerner; t:�ence N 01010' 00" E along the prolonged Easterly line
of the parcel of land described in Book 1972 at Page 170 as Reception No. 318483
of the La.�er Cots:.-y records, 18912.39 fee 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 gr oi:rd .
A tract of land located in the D'W-,' of Section 21, Township 7 hcrth, Ranee 68 West
of the Sixth Principal Meridian, La_rimer County, Colorado, more particularly
described as follows:
Beg-nn.-Ing at the Center 4 Corner of said Section 21; Thence N 660 26' 301' W, along
the South line of the N_.* 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 Larirer
County Records; Thence, following two courses of said tract, N 010 IC, CC" E,
218.65 feet an S 810 461 3211 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 aTc of
a c-lrve concave Northeasterly to a point of tangency, said arc of cu-ve having an
Interim- angle of 870 211 46", a radius of 351.47 feet, a tangent length of 335.66
feet and a chord bearing N 460 32' 35" W, 465.49 feet; Thence N 020 511 421t W,
1123.45 feet to a point on a line which is parallel to and 165C.00 feet distant
N crthe rly at right angles fr cm the South line of the N •K Y of said Section 21, said
point being t , TRUE PO= CF SEG-11'IvIN ; Thence N 880 261 30" W, along said
pars"Jel line, 303.45 feet; Thence S 010 331 3011 W, along a line at right angles
to the South line of the N'v�'.� of said Section 21, I650.00 feet to a pcirt on the
+• r O t n Q i f 1
South line of he Nw , said point bearing S 88 20 30 E, 584.5, feet r= she
rv1 corner of the parcel of land described in Book 1729 at Page 143 as Reception
No. 169710 of the Larim°r County Records; Thence N 880 26' 3011 W, along the South
line of the Ni,-Li of said Section 21, 1104.89 feet to the West 4 Corner of said
Section 21; Thence N 000 171 231' E, along the West line of said T , 2625.46 feet
to a point on a line which is parallel to and 30.00 feet distant Southerly at right
' / t 4 tt T 1 ; 1 e"
angles from the Ncrth line of said fiwY; Thence S 88 1 �3 -, along said para_l._
line, 726.74 feet; :;nonce S Ol° 4151 G711 W, along a line at right angles to said
NCrtn lire of the NW—., 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 lire of said I�i=;
'hence S 880 14' 33" E, along the last mentioned parallel line, 740.60 feet 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 TPME POINT (r. GINN:NIG.
C0NTTr==G 70.E37 Acres, more or less.
SUBJ-ECT TO any easements, rights —of Way and/cr restrictions of record or existing
on the ground.
•
•
A tract of land located in the NWy 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 I* of said Section 21, 30.01 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 YvF4 of said Section 21; Thence S 880 14' 33" E, along said parallel line,
726.74 feet to the TRUE P0117 CIF' FZGINNING; Thence S 88' 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 Nk4 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 NW� of said Section 21; Thence N 880 14' 33" W, among
the last mentioned parallel line, 352.71 feet to a point which bears S 010 45, 27" W
==om the true point of bed n^.ing; Thence N CIO 45' 2711 E;, along a ��ne at right
angles to the North line of the 1: k z of said Section 21; t 247.00 -feet o 'he TRUE
P01177 0M Z2 7I G .
COS"^ —,1 G 2.000 Acres, gore or less.
SL=H,,-T TO any easements, rig: ts—cf—way and/or restrictions of reccrd or e._sting
on the