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HomeMy WebLinkAboutUNION PACIFIC SOUTH FIRST ANNEXATION & ZONING - 18-88, A - REPORTS - FIRST READING0 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEWUMBER: DATE: April 5, 1988 STAFF: Ken Waido SUBJECT: Items Relating to the Union Pacific South First Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 7-0 to recommend approval of the requested annexation and zoning. EXECUTIVE SUMMARY: A. Resolution 88- Finding Substantial Compliance and Initiating Annexation Proceedings. B. First Reading of Ordinance No. 1988, Annexing Approximately 15.6957 Acres, Known as the Union Pacific South First Annexation. C. First Reading of Ordinance No. , 1988, Zoning Approximately 15.6957 Acres, Known as the Union Pacific South First Annexation, into the T Transition District. APPLICANT: Union Pacific Railroad OWNER: Same 1416 Dodge Street Omaha, NE This is a request to annex and zone approximately 15.6957 acres located east of Riverside Drive and north of Prospect Road. The requested zoning is the T Transition District. The property is presently developed as railroad right-of-way. BACKGROUND: The applicant and owner, the Union Pacific Railroad, has submitted a written petition requesting annexation of approximately 15.6957 acres located east of Riverside Drive and north of Prospect Road. The requested zoning is the T Transition District. The property is presently developed as railroad right-of-way. This is a voluntary annexation. The Union Pacific Railroad is in the process of annexing several pieces of property, most consisting of railroad rights -of -way. At the present time, petitions for the Union Pacific South First, the Union Pacific South Second, the Union Pacific South Third No. 1 and No. 2, and the Union Pacific South Fourth Annexations are being processed. Due to the timing of the need to expand the existing warehouse on the Union Pacific South Third No. 1 and -2- No. 2 property, those annexations were actually the first annexations to be processed through to the City Council. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Original City of Fort Collins, the Riverside Avenue Annexation, the First Lemay Annexation, and the East Prospect Street First Annexation to the west, and the Upland Annexation to the east. The requested zoning for this annexation is the T Transition District. The T district designation is for properties which are in transition between rural and ultimate urban uses without a specific knowledge or plan as to what those ultimate urban uses are going to be. Thus, the T zone acts as a holding zone. No development is allowed in the T zone, the only uses allowed in the T zone are the uses which existed on the property at the time the T zone was applied to the property. The property is presently developed as a railroad right-of-way, a use that probably won't change in the foreseeable future. The applicant feels comfortable with the T zone for this property. According to City Code, a rezoning of a property in the T zone to another of the City's zoning districts must be made within 60 days of the request being heard by the Planning and Zoning Board. Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The attached resolution accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the ordinances annexing and zoning the area. Public hearing and second reading of the Ordinances annexing and zoning the property will be considered by the City Council on May 17, 1988. 4. The requested T Transition District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at their regular monthly meeting held on March 28, 1988, voted 7-0 to recommend approval of the requested annexation and zoning. r, 0 r L RESOLUTION 88- OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE UNION PACIFIC SOUTH FIRST ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Union Pacific South First Annexation; and WHERE ) the City Council desires to initiate annexation proceedings in accorda with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Union Pacific South First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in Sections 12 and 13 of Township 7 North, Range 69 West, and Section 18, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 18 as bearing S 88°47'08" W, and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast Corner of said Section 18 and runs thence S 88047'08" W 1045.21 feet along the South line of Section 18 to the True Point of Beginning;. thence continuing along the South line of Section 18 S 88047'08" W 130.00 feet; thence N 00015'13" W 680.46 feet; thence along the arc of a 1587.28 foot radius curve to the left a distance of 1703.26 feet, the long chord of which bears N 30°59'46" W 1622.71 feet; thence N 61044'16" W 730.24 feet to a point on the West line of the Southeast Quarter of Section 18; thence N 61°44'16" W 2095.17 feet; thence along the arc of a 741.30 foot radius curve to the left a distance of 214.75 feet, the long chord of which bears N 57023'46" W 214.00 feet; thence along the arc of a 1121.00 foot radius curve to the right a distance of 314.76 feet, the long chord of which bears N 57°39'01" W 313.80 feet; thence N 49°36'16" W 369.52 feet; thence N 00°09'46" W 9.61 feet; thence N 49034'16" W 1217.56 feet; thence S 00°12'16" E 27.86 feet to the Northeast corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; thence N 48°40'34" W 378.92 feet; thence N 47°52'04" W 191.47 feet to the Northwest corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; thence N 49°34'16" W 1726.36 feet to a point on the West line of the Southeast Quarter of Section 12; thence N 00012'22" E 59.25 feet along the West line of the Southeast Quarter of Section 12 to a point on the South ROW line of the • Burlington Northern Railroad; thence S 48°52'03" E 701.26 feet; thence S 49032'04" E 2918.80 feet; thence N 88035'55" E 16.51 feet; thence along the arc of a 8645.28 foot radius curve to the left a distance of 2248.17 feet, the long chord of which bears S 61007'48" E 2241.73 feet; thence S 28°15'44" W 20.48 feet; thence S 61°44'16" E 1375.17 feet; thence along the arc of a 1687.28 foot radius curve to the right a distance of 1140.27 feet, the long chord of which bears S 42°22'39" E 1118.69 feet; thence N 66°58'58" E 30.00 feet; thence along the arc of a 1717.28 foot radius curve to the right a distance of 676.29 feet, the long chord of which bears S 11°44'07" E 671.92 feet, thence S 00°15'16" E 678.78 feet to the Point of Beginning. Section 2. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of April, A.D. 1988. ayor ATTEST: City Clerk 1� 0 • NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Union Pacific South First Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on May 17, 1988, at the hour of 6:30 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any persons may appear and present such evidence as they may desire. Dated this 5th day of April, A.D. 1988. City Clerk • ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE UNION PACIFIC SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 88- , finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council of the City of Fort Collins has found and determined and does hereby find and determine that it is in the best interests of the City of Fort Collins to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land situate in Sections 12 and 13 of Township 7 North, Range 69 West, and Section 18, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 18 as bearing S 88°47'08" W, and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast Corner of said Section 18 and runs thence S 88°47'08" W 1045.21 feet along the South line of Section 18 to the True Point of Beginning; thence continuing along the South line of Section 18 S 88°47'08" W 130.00 feet; thence N 00°15'13" W 680.46 feet; thence along the arc of a 1587.28 foot radius curve to the left a distance of 1703.26 feet, the long chord of which bears N 30°59'46" W 1622.71 feet; thence N 61044'16" W 730.24 feet to a point on the West line of the Southeast Quarter of Section 18; thence N 61°44'16" W 2095.17 feet; thence along the arc of a 741.30 foot radius curve to the left a distance of 214.75 feet, the long chord of which bears N 57023'46" W 214.00 feet; thence along the arc of a 1121.00 foot radius curve to the right a distance of 314.76 feet, the long chord of which bears N 57°39'01" W 313.80 feet; thence N 49036'16" W 369.52 feet; thence N 00°09'46" W 9.61 feet; thence N 49034'16" W 1217.56 feet; thence S 00°12'16" E 27.86 feet to the Northeast corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; thence N 48°40'34" W 378.92 feet; thence N 47"52'04" W 191.47 feet to the Northwest corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; thence N 49°34'16" W 1726.36 feet to a point on the West line of the Southeast Quarter of Section 12; thence N 00012'22" E 59.25 feet along the West line of the Southeast Quarter of Section 12 to a point on the South ROW line of the Burlington Northern Railroad; thence S 48°52'03" E 701.26 feet; thence S 49°32'04" E 2918.80 feet; thence N 88°35'55" E 16.51 feet; thence along the arc of a 8645.28 foot radius curve to the left a distance of 2248.17 feet, the long chord of which bears S 61007'48" E 2241.73 feet; thence S 28*15144" W 20.48 feet; thence S 61°44'16" E 1375.17 feet; thence along the arc of a 1687.28 foot radius curve to the right a distance of 1140.27 feet, the long chord of which bears S 42*22139" E 1118.69 feet; thence N 66°58'58" E 30.00 feet; thence along the arc of a 1717.28 foot radius curve to the right a distance of 676.29 feet, the long chord of which bears S 11044'07" E 671.92 feet, thence S 00015'16" E 678.78 feet to the Point of Beginning. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Union Pacific South First Annexation. Section 2. That, in annexing said property to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 1988, and to be presented for final passage on the 17th day of May, A.D. 1988. Mayor ATTEST: ity Cler Passed and adopted on final reading this 17th day of May, A.D. 1988. Mayor ATTEST: City Clerk ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE UNION PACIFIC SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Union Pacific South First Annexation to the City of Fort Collins, Colorado, in the "T" Transition District: A tract of land situate in Sections 12 and 13 of Township 7 North, Range 69 West, and Section 18, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 18 as bearing S 88°47'08" W, and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast Corner of said Section 18 and runs thence S 88047'08" W 1045.21 feet along the South line of Section 18 to the True Point of Beginning; thence continuing along the South line of Section 18 S 88°47'08" W 130.00 feet; thence N 00015'13" W 680.46 feet; thence along the arc of a 1587.28 foot radius curve to the left a distance of 1703.26 feet, the long chord of which bears N 30°59'46" W 1622.71 feet; thence N 61044'16" W 730.24 feet to a point on the West line of the Southeast Quarter of Section 18; thence N 61°44'16" W 2095.17 feet; thence along the arc of a 741.30 foot radius curve to the left a distance of 214.75 feet, the long chord of which bears N 57023'46" W 214.00 feet; thence along the arc of a 1121.00 foot radius curve to the right a distance of 314.76 feet, the long chord of which bears N 57°39'01" W 313.80 feet; thence N 49036'16" W 369.52 feet; thence N 00°09'46" W 9.61 feet; thence N 49*34116" W 1217.56 feet; thence S 00°12'16" E 27.86 feet to the Northeast corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; .thence N 48°40'34" W 378.92 feet; thence N 47°52'04" W 191.47 feet to the Northwest corner of the Riverside Avenue Annexation to the City of Fort Collins, Colorado; thence N 49°34'16" W 1726.36 feet to a point on the West line of the Southeast Quarter of Section 12; thence N 00°12'22" E 59.25 feet along the West line of the Southeast Quarter of Section 12 to a point on the South ROW line of the Burlington Northern Railroad; thence S 48°52'03" E 701.26 feet; thence S 49°32'04" E 2918.80 feet; thence N 88°35'55" E 16.51 feet; thence along the arc of a 8645.28 foot radius curve to the left a distance of 2248.17 feet, the long chord of which bears S 61007'48" E 2241.73 feet; thence S 28°15'44" W 20.48 feet; thence S 61°44'16" E 1375.17 feet; thence along the arc of a • • 1687.28 foot radius curve to the right a distance of 1140.27 feet, the long chord of which bears S 42022'39" E 1118.69 feet; thence N 66058'58" E 30.00 feet; thence along the arc of a 1717.28 foot radius curve to the right a distance of 676.29 feet, the long chord of which bears S 11°44'07" E 671.92 feet, thence S 00015'16" E 678.78 feet to the Point of Beginning. Section 2. That the City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 1988, and to be presented for final passage on the 17th day of May, A.D. 1988. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of May, A.D. 1988. or ATTEST: City Clerk u,Coil ='■1 Dili 'll' = Y • • 1 .I. :WI•/Mimi oil �Illilll rr►i Af - J • �IIIIII: i� m�� II1� �� ■ i ' �f11:i 'I Icy e �g it ��1�1,. �/ • ��� F C�,��:; j PETITIC"i FOP. ANTiNE`CATION • S The undersigned hereby petition the Council of the City of Fort Col- lins, Colorado, for the annexation of an area, to be referred to as the UNION PACIFIC SOUTH FIRST Annexation to the City of Fort Col- lins. Said area, consisting of approximately 15.6957 acres is more par- ticularly 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.-12-1.05, C.R.S., 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 petitioners herein comprise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the :City of Fort Collins. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the peti- tioners request that said area be placed in the T - TRANSITION Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. i,- LEGAL DESCRIFrT'ICN CF PEAL PRCPFRTY INCLUDED IN THE ANTNEXATICN A tract of land situate in the County of Larimer, State of Colorado to -wit: A TRACT OF LAND SITUATE IN SECTIONS 12 AND 13 OF TOWNSHIP 7 NORTH, RANGE 69 WEST, AND SECTION ;S, TOWNSHIP 7 NORTH, RANGE 6e WEST OF THE 6TH P.M., LARIMER CCUNTY. COLORADO. WHIC�1 SECSIONRI9GASHE SO BEARITH Ll8!E OF THE SOUTHEAST QUARTER OF SAID CONTAINED ETAS BEARING RELATIVE THERETO IS CONTAINED WITH ALL BEARINGS eQUNDARf LINES WHICH BEGIN AT THE SOUTHHEASTNCORNERHOF SAID SECTION 18 AND RUNS THENCE S88 47' 08"W 1045.21 ALONG THE SOUTH LINE OF SECTION 18 TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE SOUTH LINE OF SECTION I8 S88 ALONG8THE1ARC0OFj THENCE N00 15' 13"W 680.46'j THENCE DISTANCE OF 17 A 1587.28' RADIUS CURVE TO THE LEFT A DISTANCE 10E OF 03.26', THE LONG CHORD CF WHICH SEARS N30 59, WEST LINE OF THE HSOUTHEAST uQUARTER.OFOSECT ION TO ABPOTHENCE THE N61 44' 16"W 2095.17'j THENCE ALONG THE ARC OF A 741.30' RADIUS CURVE TO THE LEFT A DISTANCE OF-214.75'. THE LONG CHORD WH2CH00E.ARADIUS CURVE6TO THE RIIGHTTAEDISTANCEALONG OFTHE 314.Y6'. THE LONG CHORD OF WHICH BEARS N57 39, 01"W 313.80', THENCE N49 36' 16"W 369.52•j THENCE NOD 09. 46"W 9.6i•j THENCE N49 34' 16"W 1217.56'j THENCE SOO 12. 16"E .61-1 TO THE NORTHEAST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO, THENCE N48 40' 34'W OF THE ', THENCE N47 52' 04^W 19I 47' TO THE NORTHWEST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS COLORADO, THENCE N49 34' 16'•W 1726.36• TO A POINT ON rHE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 121 THENCE NO_D 12• SECTION 112,TOLANPOINT ONSTHEISOUTTH ROW LINE OFSTHEUpq LI GT NORTHERN RAI1_ROAD, THENCE S48 52' 03'•E 701.26', THENGEL.NGTON S49 32' 04'•F 2918.80', THENCE Nee 35. 55"E 16.511, THENCE 0ALONG THE ARC OF A 8645.28RADIUS CORVE TO THE LEFT A 7' ue"E OF 2248.17', THE LONG CHORD OF WHICH BEARS S61 E 2241 73. THENCE S61 44 S28 15' 4u"W 20.48', [HENCE 16"E 1375.17•, THENCE ALONG T14E ARC OF A 1687.28• RADIUS CURVE TO T1IE RIGHT A DISTANCE OF 1140.27'. THE LONG CHORD OF WHICH BEARS S42 22' 39'E I11e.69•j THENCE N66 59' 58"E 30.00', THENCE ALONG THE ARC OF A 1717.28' RADIIJS GUUVF TO THE RIGHT.A DISTANCE OF 676.29'. 1HE LONG CHORD OF WHICii BEARS S'1_44. 07"E 671.92', THENCE s00 I 1� THE �QIN� �QF BE INNING. S' 16"F 679.78' TO ^ r:S s''gnaure, AaQress C_ City State Zip Date I T �1 N STATE OF ss. COUNTY OF-61,4) The undersigned being first duly sworn upon his oath stares: 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 2� day of cQ,CGf` lop, bY:��� at�9S Witness my hand and official seal. My Commission expires: �� -; 'if Notary Public • ATTACF 1',1ENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State or Colorado to -wit: A TRACT OF LAND SITUATE IN SECTIONS 12 AND 13 OF TOWNSHIP 7 NORTH, RANGE 69 WEST, AND SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY. COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 AS BEARING see u7' 08"W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION I8 AND RUNS THENCE.S88 47' 08"W 1045.21' ALONG THE SOUTH LINE OF SECTION 18 TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE SOUTH LINE OF SECTION 18 S88 47' 08"W 130.0013 THENCE NOD 15' 13"W 680.46'; THENCE ALONG THE ARC OF A 1597.28' RADIUS CURVE TO THE LEFT A DISTANCE OF 1703.26', THE LONG CHORD OF WHICH BEARS N30 59' 46"W 1622.71'; THENCE N61 44' 16"W 730.24' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 18, THENCE N61 44' 16"W 2095.17'; THENCE ALONG THE ARC OF A 741.30' RADIUS CURVE TO THE LEFT A DISTANCE OF-214.75', THE LONG CHORD OF WHICH BEARS N57 23' 46"W 214.00', THENCE ALONG THE ARC OF A 1121.00' RADIUS CURVE TO THE RIGHT A DISTANCE OF THE LONG CHORD OF WHICH BEARS N57 39' 01"W 313.80'i THENCE N49 36' 16"W 369.52's THENCE NOD 09' 46"W 9.6J', THENCE N49 34' 16"W 1217,56'1 THENCE SOO 12' 16"E 27.86' TO THE NORTHEAST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO; THENCE N49 40' 34"W 378.92'j THENCE N47 52' 04"W 191.47' TO THE NORTHWEST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS COLORADO, THENCE N49 34' 16"W 1726.36' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 12s THENCE NOD 12' 22"E 59.25' ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 12 TO A POINT ON THE SOUTH ROW LINE OF THE BURLINGTON NORTHERN RATi_ROAD; THENCE S48 52' 03"E 701.26': fFIENCE S49 32' 04"F 2918.80', THENCE N88 35, 55"E 16.51', 1HENCE ALONG THE ARC OF A 8645.28' RADIUS CORVE TO THE LEFT A DISTANCE OF 2248.17', THE LONG CHORD OF WHICH BEARS SGI I 07' u8"E 2241.73't THENCE S28 15' 44"W 20.48', 1HENCE S61 44' 16"E 1375.17', THENCE ALONG THE ARC OF A 1667.28' � RAD I US CURVE TO TFIE R I GAIT A D I STANCE OF 1 1 40. 27 ' . THE LONG � CHORD OF WFIICH BEARS S42 22' 39"E IIIB.69', THENCE N66 59' 58"F 30.00't THENCE ALONG THE ARC OF A 1717.28' RADIUS CU'-?VF TO THE RIGHT A DISTANCE OF 676.29". 1HE LONG CHORD OF WHICFI BEARS S!I 44' 07"E 671.92', THENCE SOO 15' 16"F 678.78' 10 THE PO I NI OF BEGINNING. t ATTORNEY STATEMENT I, John J. Mullins, an attorney licensed to practice in the State of Colorado, state as follows with respect to the property proposed for annexation, which property is described in Exhibit A: Union Pacific Railroad Company ("UP") personnel in Omaha, Nebraska have examined UP files, plats, and title documents, and have informed me that those files, plats, and title documents indicate that the UP is the owner of all the real property proposed for annexation. Based upon that information, and not upon any title examination by me, I state that the files, plats, and title documents of the UP indicate that all the property proposed for annexation is owned entirely by the Union Pacific Railroad Company, except for streets, alleys and lands owned by the City of Fort Collins. I certify that R.F. Niehaus is the Director of Contracts and Real Estate for the Union Pacific Railroad Company and has signed the attached Annexation Petition and' Legal Description for the Union Pacific Railroad Company and that he was fully authorized to do so. Lea, — 1� ?ate.:j . ullins March 10, 1988 ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Union Pacific South First Annexation. DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: May 17, 1988 The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Commissioners governing the area proposed to be annexed. Attached to this report are the following: (aI) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMEN- TAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. (See Exhibit A). (aII) A map showing present streets, major water trunk lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the above referenced annexation. (See, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets; Water Master Plan 1986 for present and proposed extension of water utility lines; Sewer Master Plan 1986 for present and proposed extension of sewer utility lines; and Exhibit B for other utility lines and ditches). (aIII) The area of the proposed annexation is presently used a railroad right-of-way, a use which is not expected to change in the foreseeable future. (b) There is no pre -annexation agreement between the petitioner and the City of Fort Collins associated with the above referenced annexation. (c) The City of Fort Collins plans to extend municipal services into the area of the above referenced annexation. The City operates under a "development must pay its own way" philosophy whereby, the cost of needed extensions of infras- tructure (utilities and streets) are borne by the developer requiring those extensions. The City participates in any required "oversizing" of infrastructure and finances such requirements from the City's Oversizing Fee structure. The developer has several optional methods to finance infrastructure extensions including the use of Special Improvement Districts (SIDS). The City also collects fees for the extension and upgrading of storm drainage systems and the Pagc2 Is • purchase and construction of parks and recreational facilities. Other municipal services, such as police protection, are financed from the City's General Fund. (d) The following districts presently provide service within the above refer- enced annexation: SCHOOL DISTRICT Poudre R-1 School District FIRE DISTRICT Poudre Valley Fire District HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control ELECTRIC POWER Public Service Company (f) The property will continue to be used as railroad right-of-way so there will be no impact on the school system.