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HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - INITIATING RESOLUTION - 27-09 - REPORTS - RECOMMENDATION/REPORTTHENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2) COURSES: 1) ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, NORTH 89004'36" WEST, 100.00 FEET; 2) THENCE SOUTH 00°55'24" WEST, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 89004'36" WEST, 1087.90 FEET TO THE NORTHEAST CORNER OF THE EAGLE VIEW FIRST ANNEXATION TO THE CITY OF FORT COLLINS, RECORDED IN RECEPTION NUMBER 20080075991; THENCE ALONG THE NORTH LINE OF SAID ANNEXATION, NORTH 89°04'36" WEST, 600.07 FEET TO A POINT ON THE EXISTING SOUTH LINE OF THAT PARCEL AS DEFINED IN EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS, THENCE ALONG SAID PARCEL LINE THE FOLLOWING THREE (3) COURSES: 1) NORTH 89°04'21" WEST, 59.01 FEET; 2) THENCE NORTH 01 °48'47" WEST, 60.56 FEET; 3) THENCE NORTH 82°33'09" EAST, 65.30 FEET TO A POINT ON THE EXISTING NORTH RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36 AS SHOWN ON THE AMENDED PLAT OF LOT 1 OF THE BUDERUS MRD NO. S-90-87, AND TRACT "A" OF THE ALEXANDER B. GRANT EXEMPTION; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 89-04-36" EAST, 503.89 FEET TO A POINT ON THE EASTERLY LINE OF THE AMENDED PLAT OF LOT 1 OF THE BUDERUS MRD NO. S-90-87 AND TRACT "A" OF THE ALEXANDER B. GRANT EXEMPTION: THENCE ALONG SAID THE EASTERLY BOUNDARY LINE, AND THE EASTERLY BOUNDARY LINES OF LOT 2, BUDERUS MRD S-90-87 AND THAT PARCEL DESCRIBED IN THE INSTRUMENT RECORDED AT RECEPTION 20060016607 THE. FOLLOWING SIX (6) COURSES: I) NORTH 09° 16'32" WEST, 283.77 FEET; 2) THENCE NORTH 01°46'32" WEST, 289.41 FEET; 3) THENCE NORTH 32°46'32" WEST, 144.50 FEET; 4) THENCE NORTH 23-39-02" WEST, 631.96 FEET; 5) THENCE NORTH 01-50-02" EAST, 208.47 FEET; 6) THENCE NORTH 17° 13'48" WEST, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEEDS OF DEDICATION RECORDED IN RECEPTION NUMBERS 20040047101 AND 20050008672; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINES SOUTH 01049'03" EAST, 854.27 FEET TO A POINT ON THE SOUTH LINE AS DEFINED IN THE AFOREMENTIONED EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS; THENCE ALONG SAID SOUTHERLY LINE, NORTH 88-11-41" WEST, 65.09 FEET TO A POINT ON THE EXISTING CITY OF FORT COLLINS BOUNDARY AS DEFINED IN SAID EMERGENCY ORDINANCE NO. 130, 2008; THENCE ALONG SAID BOUNDARY LINE FOR THE CITY OF FORT COLLINS, NORTH 01°49'14" WEST, 1343.71 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68 W; THENCE CONTINUING ALONG SAID CITY BOUNDARY LINE AND SAID NORTH LINE, SOUTH 88036'42" EAST, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE CONTINUING ALONG SAID CITY BOUNDARY LINE AND ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, NORTH 01°44'18" WEST, 2598.32 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 267.825 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL RIGHTS OF WAY AND EASEMENTS OF RECORD OR NOW EXISTING. ALL DOCUMENTS REFERENCED ABOVE ARE RECORDED IN THE CLERK AND RECORDER'S OFFICE OF LARIMER COUNTY COLORADO. (Signature) �0�0 yN Ati! S Kathryn Jane Lyon 'Vol Colorado Professional Land Surveyor Registration Number 38110 G"`� For and on behalf of TST, Inc. Consulting Engineers Incorporated. iio z : . 1. �wvL LPa'� TST, INC. CONSULTING ENGINEERS PROPERTY DESCRIPTION A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, AS BEARING SOUTH 8902955" EAST BETWEEN AN ILLEGIBLE 3'/4" ALUMINUM CAP AT THE NORTHWEST CORNER, AND A 3'/<" ALUMINUM CAP (LS 24307) AT THE NORTH QUARTER CORNER, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER SOUTH 01-44'18" EAST, 51.01 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89047'25" EAST, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE (9) COURSES: 1) SOUTH 89°47'25" EAST, 670.82 FEET; 2) THENCE SOUTH 89-18-55" EAST, 245.96 FEET; 3) THENCE SOUTH 84-57-34" EAST, 86.41 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128G4321", AND A CHORD BEARING SOUTH 67G08'05" EAST, 167.45 FEET; 5) THENCE NORTH 48G30-14" EAST, 98.38 FEET; 6) THENCE ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS OF 32.81 FEET, A CENTRAL ANGLE OF 24G1857", AND A CHORD BEARING NORTH 60G39'40" EAST, 13.82 FEET; 7) THENCE NORTH 72°49'06" EAST, 56.60 FEET; 8) THENCE SOUTH 83G5755" EAST, 29.18 FEET; 9) THENCE SOUTH 83-44-43" EAST, 158.80 FEET, THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED IN RECEPTION NO.20060008730, THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 00-30'05" WEST, 227.41 FEET; 2) THENCE SOUTH 89-29-55" EAST, 25.40 FEET; 3) THENCE SOUTH 00-30'05" WEST, 5.00 FEET; 4) THENCE SOUTH 89-29-55" EAST, 200.00 FEET; 5) THENCE NORTH 00°30'05" EAST, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25, THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 89-36-28" EAST, 265.38 FEET; 2) THENCE SOUTH 56G56'01" EAST, 82.86 FEET; 3) THENCE SOUTH 24G15'59" EAST, 793.35 FEET; 4) THENCE SOUTH 02-02-35" EAST, 4185.48 FEET; 5) THENCE 135.78 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00G4119", AND A CHORD WHICH BEARS SOUTH 01043'13" EAST, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1) SOUTH 84G55'54" WEST, 574.58 FEET; 2) THENCE SOUTH 00-55-24" WEST, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; Passed and adopted on final reading on the 20th day of October, A.D. 2009. ATTEST: City Clerk Mayor -4- THENCE N 01046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS, N 01049-14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE.NORTHWEST QUARTER OF SAID SECTION 3, N 01044'18" W, 2598.32 FEET TO THE POINT OF BEGINNING. Section 2. That the foregoing parcel of land to be placed in the Transition ("T") zone district shall be subject to the following condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth -moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above - described property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2009, and to be presented for final passage on the 20th day of October, A.D. 2009. ATTEST: City Clerk Mayor 511 2. S 89018'55" E, 245.96 FEET; 3. S 84057'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21 ", AND A CHORD BEARING S 67008'05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6. ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS OF 32.81 FEET, A CENTRALANGLEOF 24°18'57", AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7. N 72049'06" E, 56.60 FEET; 8. S 83057'55" E, 29.18 FEET; 9. S 83-44-43" E, 158.80 FEET; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE (5) COURSES: 1. S 00030'05" W, 227.41 FEET; 2. S 89029'55" E, 25.40 FEET; 3. S 00030'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00030'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25, THE FOLLOWING FIVE (5) COURSES: 1. S 89036'28" E, 265.38 FEET; 2. S 56056'61" E, 82.86 FEET; 3. S 24015'59" E, 793.35 FEET; 4. S 02002'35" E, 4185.48 FEET; 5.135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00041'19", AND A CHORD WHICH BEARS S 01043-13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY. AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1. S 84055'54" W, 574.58 FEET; 2. S 00055-24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLOR -ADO DEPARTMENTOF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2) COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89004'36" W, 100.00 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 09016'32" W, 283.78 FEET; -2- ORDINANCE NO. 100, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Riverwalk Annexation to the City of Fort Collins, Colorado, in the Transition (`'T") Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED 1N THE WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01-44'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE (9) COURSES: 1. S 89047'25" E, 670.82 FEET; 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88°3642" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, N 01 °44'18" W, 2598.32 FEET 1'0 THE POINT OF BEGINNING. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Riverwalk Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City 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. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2009, and to be presented for final passage on Oth day of October, D. 2009. Mayo , ATTEST: City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2009. Mayor ATTEST: City Clerk 8. S 83°57'55" E, 29.18 FEET; 9. S 83044'43" E, 158.80 FEET; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE (5) COURSES: I. S 00030'05"' W, 227.41 FEET; 2. S 89029'55" E, 25.40 FEET; 3. S 00°30'05" W, 5.00 FEET; 4. S 89029'55" E. 200.00 I-EE'['; 5. N 00030'05" E. 173.90 FEET; THENCE ALONGTHE WESTERLY RIGHTOF WAY LINEOF INTERSTATE 25, THE FOLLOWING FIVE (5) COURSES: I. S 89°36'28" E, 265.38 FEET; 2. S 56056'01" E, 82.86 FEET; 3. S 24015'59" E, 793.35 FEET; 4. S 02002'35" E, 4185.48 FEET; 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00-41'19", AND A CHORD WHICH BEARS S 01043'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLOR -ADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1. S 84°55'54" W, 574.58 FEET; 2. S 00-55-24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENTOF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2) COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89°04'36" W, 100.00 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400;. THENCE N 0901632" W, 283.78 FEET; THENCE NO 1046'3 2" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 °50'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047 10 1; THENCE S 88° 10'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY 017 FORT COLLINS, N 01 °49' 14" W, ORDINANCE NO. 099, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE RIVL'RWALK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2009-080, finding substantial complianceand initiatingannexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Sedtion I. That the following described property, to wit: A TRACT 01' LAND LOCATED IN THE WEST HALF OF SECTION 3, THE SOUTHEAS"F QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01044'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT 017 WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, T14E FOLLOWING NINE (9) COURSES: 1. S 89047'25" E, 670.82 FELT; 2. S 89018'55" E, 245.96 FEET; 3. S 84°57'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21", AND A CHORD BEARING S 67008'05" E, 167.45 FEET; 5. N 48°30'14" E, 98.38 FEET; 6. ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS 017 32.81 FEET, ACENTRAL ANGLE OF24°18'57",AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7. N 72049-06" E, 56.60 FEET; INITIATING THE RIVERWALK ANNEXATION City Council Meeting August 18, 2009 Ted Shepard Senior City Planner Current Planning 1 Fort Collins City of �.F,.�ort Collins CI No Text No Text 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 Riverwalk Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on October 6, 2009, at the hour of 6:00 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 and zoning request 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 and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Transition ("T") Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 18th day of August, A.D. 2009. City Clerk August 18, 2009 -2- Item No. 19 According to the policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider annexation of.property in the GMA when the property is eligible for annexation according to State law. Surrounding zoning includes P-O-L, Public Open Lands, to the north, H-C, Harmony Corridor, to the west, U-E, Urban Estate to the west, and P-O-L, Public Open Lands, to the south. Interstate 25 forms the eastern boundary. Planning and Zoning Board Recommendation , The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on September 17, 2009, and will make its recommendation at that time. The Board's recommendation will be forwarded to City Council in time for First Reading of the annexation and zoning ordinances, scheduled for October 6, 2009. ATTACHMENTS 1. Vicinity Map _ 2. Structure Plan Map 3. City of Fort Collins Zoning Map 4. PowerPoint presentation AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 19 DATE: August18,2009 STAFF: Ted Shepard Resolution 2009-080 Finding Substantial Compliance and Initiating Annexation Proceedings for the Riverwalk Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Riverwalk Annexation is 265.65. acres in size. The site is bounded by I-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the south. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapahoe Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number.Three, the Brookfield Annexation and the Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and zoned FA-1, Farming District in Larimer County. The requested zoning is T, Transition. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on October 6, 2009. Not less than 30 days prior, published notice is required by State law. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreements, and the City of Fort Collins Land Use Code. There are no issues or known controversies with this annexation. BACKGROUND This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. In fact, 31.33% of the boundary is contiguous.