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HomeMy WebLinkAboutBLUE SPRUCE FARM ANNEXATION & ZONING - 33-87, A - - PETITIONMARCH, MYATT, KORB, CARROLL & BRANDES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 110 EAST OAK STREET RATHER E. MARCH, JR. RAMSEY D. MYATT FORT COLLINS, COLORADO 80524 MARK L. KORB (303) 482-4322 JOSEPH T. CARROLL, JR. ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY April 2, 1987 J. BRADFORO MARCH Mr. Andrew J. Kasic Special Assistant for Legal Affairs Colorado State University 102 Admission Building Fort Collins, Colorado 80523 Mr. Arthur D. Jesser Director of Administrative Service Colorado State University Fort Collins, Colorado 80523 Mr. Thomas Grip Administrative Vice -President Colorado State University Fort Collins, Colorado 80523 RE: Timberline (Blue Spruce) Annexation Gentlemen: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 RECEIVED APR 31987 DEPARTMENT For some time discussion has been underway among representatives of Colorado State University, the City of Fort Collins and Blue Spruce, Inc. on the above -referenced annexation, specifically the inclusion in that annexation of a 4.7 acre parcel owned by Colorado State University and the request by the City that C.S.University dedicate forty feet of street right-of-way in connection with the improvement of Timberline Road. All information relating to the C.S.U. annexation and dedication, including an annexation plat, has been previously provided to C.S.U. representatives. The problem which surfaced with regard to the annexation was the City's proposed wording on the annexation petition. The City had requested that the typical wording be changed so that certain municipal limitations be applied only, ". . .so long as the subject property continues to be held exclusively and directly for educational purposes." In an attempt to resolve this issue, a meeting with all parties was held in my office on November 18. At that meeting, we discussed the goals of the City and CSU in the annexation and various language proposals to accomplish those goals. Although Mr. Andrew J. Kasic Mr. Arthur D. Jesser Mr. Thomas Grip Page 2 April 2, 1987 at the end of the meeting we all agreed in concept on what we were trying to accomplish - i.e. not having CSU under City zoning, building or licensing codes so long as the property were to be used for general C.S.U. purposes and not as private development - we did not reach agreement on specific wording. Since that meeting, there have been several conversations among myself, Paul Eckman, the Assistant City Attorney, and Tom Peterson, the City Planning Director, concerning appropriate language. At this point, the City has agreed on the following phrase to be added to the municipal limitations section: and the property continues to be used for educational, research, extension and related support services." (Please see the attached annexation petition for the complete language). The proposal for the dedication of right-of-way is unchanged. The City request is that CSU grant the City 40 feet of additional street right-of-way, 30 feet of which would be a standard dedication and 10 feet of which would be paid for by the City at market value. This additional right-of-way would allow for the arterial widening of Timberline Road. A couple of weeks ago, Andy and I briefly discussed scheduling of the annexation/dedication proposal with the State Board of Agriculture. Andy suggested that we target the May meeting since it will be in Fort Collins. On behalf of Blue Spruce and the City, I would request that this item be placed on that agenda and that we all use the time until that meeting to meet, discuss and resolve any outstanding issues. Please advise if you need any additional information or documents or if we can assist in any way. Sincerely, MARCH, MYATT, KORB, CARROLL & BRANDES LAL/j lb Enclosure cc Roberta Martin Paul Eckman Tom Peterson Ken Waido J • f 6. PETITION FOR ANNEXATION THE UNDERSIGNED hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Blue Spruce Farm Annexation to the City of Fort Collins. Said area, consisting of a total of approximately 174.3106 acres is more particularly described on Exhibit "A" attached hereto. The petitioner alleges: 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 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. Petitioner specifies as a condition of the proposed annexation that the prosed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed; 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof shall remain in the State Board of Agriculture AND THE PROPERTY CONTINUES TO BE USED FOR EDUCATIONAL, RESEARCH, EXTENSION AND RELATED SUPPORT SERVICES. Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public health, and safety; 3. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the university officials, to impose upon its students and employees any supplemental traffic regulations or restrictions or to impose such other penalties as are consistent with their status, with respect to the university. This petition may be signed in counterparts by each petitioner hereto and all such counterparts shall constitute one agreement. OWNER: STATE BOARD OF AGRICULTURE Date President Room 202 Administration Building Colorado State University Fort Collins, Colorado 80523 STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of , 1987 by My commission expires: Notary Public