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Home My WebLink AboutBLUE SPRUCE FARM ANNEXATION AMENDMENT - 33-87B - - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 20 DATE: May 4, 1993 FORT COLLINS CITY COUNCIL STAFF• Ken Waido SUBJECT: Hearing and First Reading of Ordinance No. 48, 1993, Amending Ordinance No. 135, 1987, the Blue Spruce Farm Annexation. RECOMMENDATION: Staff recommends adoption of this Ordinance on First Reading. The Planning and Zoning Board voted 7-0 to recommend approval of the amendment. EXECUTIVE SUMMARY: This is a request to amend the Blue Spruce Farm Annexation Ordinance (which was adopted by Council in 1987) to apply annexation terms, conditions, and limitations, which were initially applied to the portion of the Blue Spruce Farm Annexation owned by the State Board of Agriculture, to a 1.71 acre area to be traded to the State Board of Agriculture by Timberline Partners, Ltd., a Colorado Limited Partnership, by G. B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner. The property is presently undeveloped and is currently zoned R-P, Planned Residential. APPLICANT: Mr. Chuck Betters The Group Inc. 375 E. Horsetooth Road Fort Collins, CO 80526 OWNERS: Timberline Partners, Ltd, a Colorado Limited Partnership, by G. B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner BACKGROUND: The applicant, Mr. Chuck Betters of The Group Inc., on behalf of the owner, Timberline Partners, Ltd., a Colorado Limited Partnership, by G.B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner, has submitted a written petition requesting an amendment to the Blue Spruce Farm Annexation to apply annexation terms, conditions, and limitations to a 1.71 acre area to be traded to the State Board of Agriculture by the property owners. DATE: May 4, 1993 2 I .TEM NUMBER: 20 The property to be traded to the State Board of Agriculture was annexed to the City as part of the 173.24 acre Blue Spruce Farm Annexation in 1987. At the time of the initial annexation, the property was included in the part of the annexation which was owned by Blue Spruce Farms, Inc., (168.52 acres). The State Board of Agriculture owned the remainder of the property annexed (4.72 acres). At the request of the State Board of Agriculture, as contained in the initial Annexation Petition, Ordinance No. 135, 1987, annexing the Blue Spruce Farm Annexation contains the following conditions applying to the State's property: "...the annexation of said parcel of property described in Exhibit A (the legal description of the State owned property) shall in no sense be interpreted as: a. Conveying to the City of Fort Collins any right, title or interest in the property so annexed; b. 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; C. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code or licensing ordinance, upon the property described in Exhibit A, 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 insofar as it relates to the application of: (i) City traffic ordinances; and (ii) 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 and offenses relating to public health and safety. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing Subparagraphs a and b occurring on the property described in Exhibit A; provided, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the university officials to exercise the authority provided in Sections 23-5-106 and 23-5-107, C.R.S." The property owner, Timberline Partners, Ltd., proposes to trade 1.71 acres to the State Board of Agriculture in return for 1.49 acres of land. The proposed amendment to the Blue Spruce Annexation would apply the conditions cited above to the 1.71 acres of land to be given to the State Board of Agriculture. The conditions have been accepted by the City in the past when annexing land owned by the State Board of Agriculture including, as indicated, the Blue Spruce Farm Annexation, the adjacent Rigdon Farm Annexation, and the Colorado Nature Center First, Second, and Third Annexations. Findings 1. On October 6, 1987, the City Council approved Ordinance No. 135, 1987, approving the annexation of 173.24 acres known as the Blue Spruce Farm Annexation. DATE: May 4, 1993 3 WnTEM NUMBER: 20 2. Contained in Ordinance No. 135, 1987, are certain conditions (as presented above) which apply solely to the portion of the annexation owned by the State Board of Agriculture. 3. The requested amendment will apply the same conditions as currently apply to the State's property to the 1.71 acre area to be traded to the State by the property owner, Timberline Partners, Ltd. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on April 26, 1993, voted 7-0 to approve the requested amendment as part of the Board's Consent Agenda. • ORDINANCE NO. 48, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 135, 1987, PERTAINING TO THE BLUE SPRUCE FARM ANNEXATION WHEREAS, by Ordinance No. 135, 1987, of the Council of the City of Fort Collins, there was annexed to the City of Fort Collins certain lands as shown on Exhibit "X" attached hereto consisting of a total of approximately 173.2442 acres, and belonging in part to Blue Spruce Farm, Inc., and in part to the Colorado State Board of Agriculture, hereinafter referred to as the "Blue Spruce Farm Annexation"; and WHEREAS, to accommodate certain urgent needs of Timberline Partners, Ltd., the State Board of Agriculture has agreed to trade a 1.4875 acre parcel (Parcel I on Exhibit "X" hereto) presently owned by said State Board of Agriculture (but not located in the Blue Spruce Farm Annexation) to Timberline Partners, Ltd., in return for a 1.7106 acre parcel (Parcel II on Exhibit "X" hereto) located in the Blue Spruce Farm Annexation; and WHEREAS, the State Board of Agriculture has required, as a condition of said exchange of property, that the land to be acquired by said State Board of Agriculture in the Blue Spruce Farm Annexation must be subject to the same annexation terms, conditions and limitations as were included in the Blue Spruce Farm Annexation pertaining to the part thereof owned by the State Board of Agriculture and described on Exhibit "A" of Ordinance No. 135, 1987. . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, that Exhibit "A" of Ordinance No. 135, 1987, pertaining to the Blue Spruce Farm Annexation is hereby amended to include the following described additional parcel of land, with such amendment to become effective upon the date established in the Charter of the City for the effective date of ordinances or upon the recording with the Larimer County Clerk and Recorder of the Deed conveying the below described property to the State Board of Agriculture, whichever last occurs: A parcel of land located in Section 29, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, Colorado, being more particularly described as follows: Considering the West line of the Southwest one quarter of said Section 29 as bearing N 00*02157" W and with all bearings contained herein relative thereto, commencing at the West one quarter corner of said Section 29, thence S 00°02'57" E 1331.07 feet; thence S 89°28'58" E 3941.59 feet; thence N 00 07 31 W 1226.89 feet; thence N 89025'18" W 1295.89 feet; thence N 00°07'31" W 236.92 feet to the TRUE POINT OF BEGINNING; thence continuing N 00007'31" W 386.06 feet; thence N 89°25'18" W 386.05 feet; thence S 44°46'22" E 549.31 feet to the POINT OF BEGINNING, containing 74,514 square feet or 1.7106 acres, more or less. • Introduced, considered favorably on first reading, and ordered published this 4th day of May, A.D. 1993, and to be presented for final passage on the 18th day of May, A.D. 1993. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of May, A.D. 1993. Mayor ATTEST: City Clerk 0 EXHIBIT X Page 1 (Metes and Bounds Description of Blue Spruce Farm Annexation) A part of the Northwest 1/4 and of the South 1/2 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., Larimer County, Colorado, which, considering the West line of said Northwest 1/4 as bearing N 00°25' E, and with all bearings contained herein relative thereto, begins at the West 1/4 corner of said Section 29, and runs thence along the West line of said Northwest 1/4, N 00 ° 25' W 1323.00 feet; thence S 88 ° 55' 46" E 1380.61 feet; thence S 00°38140" W 800.00 feet; thence S 88*5514611 E 1266.09 feet to the North -South centerline of said Section 29; thence along said centerline, S 00*22101" W 622.98 feet; thence S 88*5514611 E 1295.89 feet; thence S 00°22101" W 1226.89 feet to the South line of the North • 1/2 of the South 1/2 of said Section 29; thence along said South line, N 88*5912611 W 3941.59 feet to the West line of the Southwest 1/4 of said Section 29; thence along said West line, N 00*2613511 E 1331.07 feet to the point of beginning, EXCEPT a tract of land situate in the Northwest 1/4 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., County of Larimer, State of Colorado, which, considering the West line of said Northwest 1/4 as bearing S 00 ° 25' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00*25' W 2159.50 feet, and again S 89*35' E 30.00 feet from the Northwest 1/4 of said Section 29, and runs thence S 89°35' E 231.50 feet; thence S 00*25' W 150.00 feet; thence N 89*35' W 104.35 feet; thence S 00*25' W 96.00 feet; thence N 89°35' W 122.15 feet; thence N 00°251 E 246.00 feet to the point of beginning. The annexation contains 173.2442 acres more or less. 0 EXHIBIT X Page 2 (Metes and Bounds Description of Parcels to be Traded) 1t jiff A parcel of land located in Sections 29, Township 7 North, Range 68 West of the 6th P.M., Larimar County, Colorado, being more particularly, described as follows: Considering the West line of the Southwest 1/4 of said Section 29 as bearing N 00'02'57" �, and with all bearings contained herein relative thereto, commencing at the West one quarter caner of said Section 29, thence S 00°02'57" E 1331.07 feet; thence S 89628'58" E 3941.59 feet; thence N 0007'31" W 1226.89 feet to time TRUE POINT OF BEGINNniG; thence N 00007'31" W 50.00 feet; thence N 89°25'18" W 1295.89 feet; thewe S 00°07'31" E 50.00 feet; thence S 89025'18" E 1295.89 feet to tfie POINT OF BEGINNING, containing 64,794 square feet or 1.4875 Acres, mare or less. PARCF-L II A parcel of land located in Section 29, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: considering the West line of the Southwest one quarter of said Section 29 as. bearing N 00°02'57" W and with all bearings contained herein relative thereto, ca�ncing at the West one quarter corner of said Section 29, thence S 00002'57" E 1331.07 feet; thence S 89028'58" E 3941.59 feet; thence N 00007'31" W 1226.89 feet; thence N 89'25'16" W 1295.89 feet; thence N 00'07'31" W 236.92 feet to the TRUE POTW OF BEGGING; thence continuing N 00007'31" W 386.06 feet; thence N 89025'18" W 386.05 feet; thence 5 44`4622" E 549.31 feet to the POINT OF BDGINI1W, containing 74,514 square feet or 1.7106 Acres, more or less. 0 EXHIBIT X Page 3 (Graphic Description of Parcels to be Traded) kA N N o rn J W � 0 8 ITEM BLUE SPRUCE FARMS ANNEXATIOf\ NUMBER 33-87