HomeMy WebLinkAboutCOLLEGE FOURTH ANNEX ORDINANCE # 42 1965 - Filed A-ANNEXATIONS - 2002-10-29Page is too large to OCR.
ORDINANCE NO. 42 , 1965,
BEING AN ORDINANCE ACCEPTING AND APPROVING THE PLAT OF
WHAT IS KNOWN AS THE FOURTH COLLEGE ANNEXATION TO THE
CITY OF FORT COLLINS AND TO BE INCLUDED WITHIN THE LIMITS
AND JURISDICTION THEREOF, PURSUANT TO THE AUTHORITY CON-
TAINED IN ARTICLE 10, CHAPTER 139, COLORADO REVISED
STATUTES 1953,
WHEREAS, heretofore written petitions were presented to the Council
of the City of Fort Collins in substantial compliance with the provisions of
Article 10, Chapter 139, Colorado Revised Statutes, 1963, by the owners of
more than fifty per cent (50%) of the area and who comprise the majority of
landowners residing in the area of land embraced in what is known as the
Fourth College Annexation to the City of Fort Collins, wherein and whereby
said petitioners petitioned the City of Fort Collins for annexation of the
territory embraced in what is known as the Fourth College Annexation to the
City of Fort Collins, Colorado, comprising the lands shown in the plat thereof
attached to said petitions and more particularly described as hereinafter set
forth, and
WHEREAS, said petitions were accepted by the Council of the City of
Fort Collins by resolution passed and adopted on July 15, 1965, and
WHEREAS, notice for hearing on the 26t^ day of August, 1965, on an
ordinance approving the annexation of said territory and including the same
within the limits and jurisdiction of the City of Fort Collins was duly
published as provided by law, and
WHEREAS, the Council of the City of Fort Collins has found that the
petitions and the documents thereto attached meet the requirements of Article
10, Chapter 139, Colorado Revised Statutes, 1963, and desires to annex all of
the lands in the Fourth College Annexation to the C.t% of Fort Collins except
the below excepted por'i.;-. thereof, and
WHER?AS, .o ;,roceedings for an election to determine the question of
annexation hav? been initiated Dy written counter -petition as prov:.ed by law
and no objection to annexation has peen made as to any of the p';,.zrty being
annexed; NOW, THEREFC-,tE;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:
Section 1. That all of the property described in the petition and
plat of the Fourth College Annexation, which is more particularly described
as follows, to -wit:
Beginning at the N4 corner of Section 23, Township 7
North, Range 69 West of the 6'h P. M., thence S. 0°22' E.
along the West side of the NE4 of said Section, 2,646.7
feet to the center of the Section; thence N. 89°40' W.
along the North line of the SW4 of Section 23, Twp. 7 N.,
R. 69 W., 2,653.7 feet to the West Quarter corner; thence
N. 0°10'30" W. along the West line of said Section,
2,646.7 feet to the NW Section corner; thence N. 89*28'
W. along the North line of the NE4 of Section 22, Twp. 7
N., R. 69 W., 1,667.8 feet; thence S. 0*32' W. 1,323.35
feet to a point on the North line of the S�, NE4, of
said Section; thence N. 89*36' W. along the North line of
S2j N�, of Section 22, 2,292.25 feet to the NW corner SE41
NW4, Section 22; thence S. 0024'22" E. along the West line
SE4, NW4, of said Section 1,331.34 feet to the SW corner,
SE4, NW;4; thence S. 89°44' E. along the South line N2 of
Section 22, 3,476.32 feet; thence N. 0°10'30" W. 473.0
feet; thence S. 89°44' E. 244.0 feet; thence N. 0°10'30"
W. 447.0 feet; thence S. 89°44' E. 226.0 feet to a point
30.0 feet West of the East line of Section 22; thence
S. 0010'30" E. parallel and 30.0 feet West of said East
line, 920.0 feet to a point 30.0 feet West of the E4
corner; thence S. 0'26' E. parallel and 30.0 feet West of
said East line, 1,324.68 feet; thence N. 89°53'30" W.
along the North line of the S�, S�, of Section 22, 5,264.76
feet to the West Section line; thence S. 0'29' E. along the
West Section line 1,334.75 feet to the SW corner of Section
22; thence East long the South Section line 5,293.50 feet
to the SE corner of said Section; thence S. 89°30' E. along
the South line of Section 23, 4,575.47 feet to the east
property line of the Colorado and Southern Railraod; thence
N. 0°33' E. 785.3 feet; thence S. 89°49' W. 55.49 feet;
thence N. 0°33' E. 1,552.4 feet to a point on the North
line of the S� Section 23; thence East 59.16 feet; thence
N. 0006' E. 540.82 feet; thence N. 06°22' E. 1,075.02 feet;
thence N. 03°08' E. on a long radius curve to the left a
chord distance of 506.49 feet (R 4490'); thence N. 0'06' W.
530.47 feet to a point on the North line of Section 23;
thence West to a point 1,102.95 feet [vest of the NE corner,
Section 23; thence South 230 feet; thence West 225 feet;
thence North 230 feet to the North line of Section 23;
thence West along said North line 1,327.95 feet to the Point
of Beginning; containing 729.46 acres, more or less, which
excludes a parcel of land in the SW4 of Section 23; more
particularly described as follows: BEGINNING at a point on
the West line of said Section which bears N. 0026' W. 234.63
feet from the SW corner; thence N. 87°47' E. 69.8 feet; thence
N. 66033' E. 88.72 feet; thence N. 0'26' W. 366.5 feet; thence
S. 89037' W. 152.0 feet to a point on the West line of Section
23; thence S. 0'26' E. along the West section line 401.11 feet
to the Point of Beginning;
be annexed and made a part of the City of Fort Collins and be included within
the limits and jurisdiction thereof, excepting and excluding the following
described portion thereof, to -wit:
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Considering the North line of the Northeast Quarter (NE4)
of Section 23, Township 7 North, Range 69 West of the 6t"
P. M. as hearing due East and West, and with all bearings
herein relative thereto; Beginning at a point which bears
East 1779.35 feet from the North one -quarter corner of
said Section 23; thence S. 00*20' E. 708.30 feet to the
center of Spring Creek; thence N. 61*55' E. 48.20 feet
along the center line of said Spring Creek; thence S.
64°31' E. 200.80 feet along the center line of Spring
Creek; thence S. 13°07' E. 97.28 feet to the intersection
of the centerline of Spring Creek and the West line of the
right of way of the Colorado and Southern Railroad, said
point being 50.00 feet westerly from the centerline of the
main track of said railroad; thence N. 1'03' E. 376.90
feet along the West line of the right of way of said rail-
road; thence N. 000222' W. 489.30 feet along the West line
of the right of way of said railroad to the North line of
the NEk of said Section; thence West 253.10 feet to the
point of beginning; containing 4.244 acres;
Section 2. That the City Engineer is hereby directed to amend the
plat of the Fourth College Annexation so as to show the excluded portion
thereof described above, and the City Clerk is hereby authorized and directed
to prepare certified copies of this ordinance, to each of which shall be
attached a plat of said Fourth College Annexation to the City of Fort Collins,
Colorado, as amended by the City Engineer, and to file a copy thereof with
the Clerk and Recorder of the County of Larimer, and another copy thereof in
the office of the Clerk of the City of Fort Collins, together with certified
copies of said petitionsand another copy thereof with the Secretary of State
of the State of Colorado, together with certified copies of said petitions.
Section 3. That said lands shall be included in the following
zoning districts of the City of Fort Collins, Colorado:
a. The following described portion, to -wit:
hf�1,4
That portion of the S� of the tt of Section 22, Township
7 North, Range 69 West of the 6" P. M., which is within
the property being annexed and which lies East of the
boundary of the Larimer County No. 2 Canal;
in a "C" Residential District.
b. The following described portion, to -wit:
Commencing at a point which is N. 89*30' WA. along the South
line of Section 23, Township 7 North, Range 69 West of the
6rh P. M., from the SE corner of said Section 23, thence N.
0'33' E. 785.3 feet; thence S. 89°49' W. 55.49 feet more or
less to the right of way of the Colorado and Southern Rail-
way Company; thence Southerly along said right of way to
the South line of said Section 23; thence Easterly along
the South line of said Section 23 to the point of beginning;
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in an "E" Commercial District.
c. The remainder of said lands except those owned by the State
Board of Agriculture in an "A" Residential District.
d. All lands owned by the State Board of Agriculture - unzoned.
Section 4. That as to any lands owned by the State Board of
Agriculture the annexation does notin any way convey to the City of Fort
Collins any right, title or interest in and to the same, nor does it convey
any right to establish new streets or extend existing streets on or across
said lands, nor does it convey to the City of Fort Collins any rights to
require sale or transfer of title of irrigation water, nor does it grant any
right to apply the provisions of any municipal ordinance and specifically any
building code, zoning code, or licensing ordinance upon said lands so long as
title thereto shall remain in the State Board of Agriculture; provided,
however, that by this annexation, the City of Fort Coliins does obtain
jurisdiction on said lands in the following particulars, to -wit: the City
traffic ordinances, the City ordinances relating to police enforcement of the
traffic code, and the City ordinances relating to offenses against the person,
offenses against inhabitants and dwellings, offenses against public peace,
offenses relating to morals and offenses relating to public health and safety,
and the jurisdiction of the municipal court shall extend to and include violation
of ordinances included in the foregoing items occurring on said land; provided,
however, the Colorado State University officials shall retain authority to
impose on its students and employees any supplementary traffic regulations or
restrictions and to impose such other penalties as are consistent with their
status with respect to the University.
Section 5. That the lands owned by the State Board of Agriculture
are more particularly described as follows:
The W� of the NEI,, and the W, of the SE;, of the NEI,; of
Section 23, Township 7 North, Range 69 West of the 6t" P. M.;
and that portion of the SE4 of Section 23, Township 7 North,
Range 69 West of the 6" P. M. lying West of the railroad
right of way consisting of 94 tillable acres; and the SIV,
of Section 23, Township 7 North, Range 69 West of the 6t"
P. M., except a parcel of land described as follows, to -wit:
-4-
a parcel of land in the SW4 of Section 23, Township 7
North, Range 69 West of the 61h P. M., Larimer County,
Colorado, contained within boundary lines which begin at
a point which is North 00°23' West 234.63 feet and North
89°37' East 30 feet from the SW corner of said Section 23
and running thence North 00023' West 401.11 feet, parallel
to the 'Nest line of said Section 23, thence North 89°37'
East 122 feet, thence South 00°23' East 366.50 feet,
thence South 66°33' West 88.72 feet, and thence South 87*47'
West 39.80 feet to the point of beginning, and which
contains 1.112 acres, more or less; and that portion of
the SE4 of Section 23, Township 7 North, Range 69 West of
the 6`h P. M. lying West of the railroad right of way
consisting of 94 tillable acres.
Section 6. That in accepting and approving the plat of the Fourth
College Annexation to the City of Fort Collins, the City of Fort Collins does
not assume obligations respecting the construction of water mains, sewer lines,
gas mains, electric light lines or other services or utilities with respect to
service of said addition, except as may be required and provided by the owners
of the property within the limits of said addition in compliance with the
terms and provisions of Chapter 15, Code of Ordinances of the City of Fort
Collins, Colorado, 1958, as amended, relating to local and public improvements.
Introduced, considered favorably on first reading, and ordered
published this 20 day of August, A. D. 1965, and to be presented for final
passage on the 16°" day of September, A. D. 1965.
ATTEST:
City Cl¢rk
1965.
ATTEST:
Ma or /
Passed and adopted on final reading this 16t° day of September, A. D.
�_ tc•'c' �f a L' 1A6Z�
ayor
City Clerk
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