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HomeMy WebLinkAboutOVERLAND TRAIL 1994 ANNEX ORDINANCE # 134 1994 - Filed A-ANNEXATIONS - 2002-08-16Page is too large to OCR. 017 R('PTN # 44114()4fli "I_"1 /ll_1/44 ld• Il'( 1) U PA(4F: - / M Rf )1)M:Npk:R( M: L2 NH('URI)M'.H uARIMNR ('OiJNTy (:(1 C�TATW l)UC WVV ORDINANCE NO. 134, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE OVERLAND TRAIL ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 94-115, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins;, and WHEREAS, the Council does hereby find and determine 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: Section 1. That the following described property, to wit: A tract of land located in the South Half of Section 17, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 17 as bearing North 00'31'00" East and with all bearings contained herein relative thereto: Commencing at the Southeast Corner of said Section 17; thence along the South line of said Southeast Quarter, S 85'29'49" W, 30.12 feet to the POINT OF BEGINNING; thence continuing along said South line, S 85°29'49" W, 2621.35 feet to the South Quarter corner of said Section 17; thence, along the South line of the Southwest Quarter of said Section 17, S 84059'10" W, 1181.25; thence N 00'35'10" E, 475.00 feet; thence S 84'59'10" W, 425.00 feet; thence, S 00°35'10" W, 475.00 feet to a point on the South line of said Southwest Quarter; thence, along said South line, S 84'59'10" W, 1132.06 feet to the Southwest corner of said Section 17; thence, along the West line of said Southwest Quarter, N 00'35'42" W, 2648.50 feet to the West Quarter corner of said Section 17; thence along the North line of said Southwest Quarter, N 85024'41" E, 2787.83 feet; thence along the West line of a tract of land described in Book 2229, Page 1386, recorded in Larimer County Records, South 00°30'37" West, 597.50 feet; thence along the South line of said tract of land, North 85'24'41" East, 2501.73 feet; thence along the West line of Fort Collins -Loveland Water District Pump Station, recorded in Larimer County Records, South 00'31'00" West, 50.00 feet; thence along the South line of said Fort Collins -Loveland Water District Pump Station, North 85°24'41" East, 120.08 feet to the West right-of-way line of Overland Trail; thence along said line South 00°31'00" West, 1988.61 feet to the Point of Beginning. The above described tract of land contains 284.233 acres more or less and is subject to all easements and rights -of -way now on record of existing. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Overland Trail Annexation. 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. Section 4. That this annexation shall be further subject to the provisions of an annexation agreement dated September 20, 1994 between the City and Wallace R. Noel and HMN Limited Liability Co., and the City Manager is hereby authorized to execute said annexation agreement. Introduced, considered favorably on first reading, and ordered published this 6th day of September, A.D. 1994, and to be presgnte�r final_pa=ge on the 20th day of September, A.D. 1994. ATTEST: Passed and adopted on final reading ATTEST: City Clerk `Mayor this 20th day of eptember, A.D. 1994. ayor v RCPTN V 441)yo)N(1 _/ 'I I / I o 044 :1 4 - 1 1 • UO It PA(4W.q PIP. g, M Hf ]I)M:N HN: R(;M:N uM;('.OknMR I,APJM_KR ('01_IN`1'Y ('U `-; ATM'. MW H'WK — fi_oH ANNEXATION AGREEMENT THIS AGREEMENT is e;utt: ed into tFi 20th day of September, 1994, between the CITY OF FORT COLLINS, a municipal corporation in the County of Latimer, State of Colorado ("City") and WALLACE, R. NOEL, and HMN LIMITED LIABILITY CO., a Colorado limited liability company (collectively referred to as "Owners"). WITNESSETH: WIIEREAS, WALLACE R. NOEL, is the Owner and HMN LIMITED LIABILITY CO. is the Contract Purchaser of that certain real property situated in the County of Latimer, State of Colorado, as more put 6cularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Owners have determined that it is desirable for the future development of the Property to annex to the City and have filed a petition to annex the Property to the City and have filed a zoning petition to zone the property for single-family residential uses; arid WHEREAS, the City has de•.cd tl t,t it is in the best interests of the residents of the City that the Property be developca within the boundaries of the City. NOW, TIIEREFORE, in consideration (Tthe premises and the mutual covenants and agreements hereinafter container', the I a' Lies hereto agree as follows: SECTION 1. Subject to obtaming approval of the Cluster Development Plan as set forth in Section 2 below, Own: rs voluntarily agree to give to the City the approximately 112 acres lying west of the west right-of-way line of the Dixon Feeder Canal (exclusive of the approximately .918 acre parcel owned by the Fort Collins - Loveland Water Disuict and tL:: property comprising the Dixon Feeder Canal), for open space purposes. Dedication of the site Neill occur not less than fourteen months and not more than thirty-six months Isom the cfT;ctive date of annexation. The City acknowledges that this donsllioo is not required by tlue City Code. The City further acknowledges that the planned uses in the open space shall be of a passive nature so as not to disturb natural site featla'-S., althr)ugh the City may construct underground utility facilities and equestrian, bicycle and pedestrian trails through the open space. Owners shall not be liable for any Ices in connection wi(h the property dedicated and shall not be responsible for any site or public improverncnts or maintenance on or to the property dedicated. 9/13/94 SECTION 2. Owners desire to develop the Property as a Cluster Development in the R-F Foothills Residential District, pursuant to Section 29-116 of the City Code to allow one residential (Iwelling ueit for each acre of the property being annexed, including the property being dedicated in accordance with Section 1 above. However, the parties agree that C.R S. § 31-12-115 (5) requires that the Property be annexed before the City's Planning and Zoning Board may finally approve a Cluster Development Plan under 29-116 of the City Code. Accordingly, at the time of the annexation, all of the Property, including the property to be dedicated to the City pursuant to Section 1 above, will be placed initially in the R-F Foothills Residential District, pursuant to Section 29-111 of the City Code. Upon completion of the annexation and zoning of the Property, Owners will submit for special review by the Planning and Zoning Board a Cluster Development Plan pursuant to Section 29-116 of the City Code. Under such Cluster Development Plan, if and when approved, Owners will be permitted to construct one residential unit per acre for each acre of the Property annexed (including that portion of the Property above 5,200 feet mean sea level which is not being developed and including that portion of the Property being dedicated to the City pursuant to Section 1 above), provided that no elevation of any building shall extend above 5,250 feet mean sea level in accordance with Section 29-114 of the City Code. The Owners are petitioning f:)r anncxali;)r, ofthe Property with the expectation that the City will approve zoning and residential densities of the Property allowing one residential unit for each acre of the Property annexed as described above. if such zoning is not approved by appropriate ordinance on or before January 23, 1995, the City covenants that it will, upon written request of the Owners submitted on or before July 24, 1995, forthwith enact an ordinance disconnecting the Property from the City. Upon such disconnection, the City shall have no further obligations or responsibilities under this Agreement as to such disconnected property. including, without limitation obligations to provide governmental or utility services to the disconnected property, and Owners shall have no further obligations to the City, and will have no obligation to make the dedications provided in Section 1 above, and shall have all rights as if the Property had not been annexed. The City agrees that the initial zoning of the property, and the Cluster Development Plan if and when approved, set forth in this section shall not be amended without Owners' consent for a period of ten years from the date hereof. During such ten year term, however, the zoning and its residential density if and when approved shall be deemed a vested property right of Owners. 9/13/94 SECTION 3. The annexation and zoning of the Property is intended to comply with the provisions of that certain Intergovernmental Agreement for the Fort Collins Urban Growth Area adopted May 1, 1980 between the City and Latimer County, as amended. The City represents that the annexation and zoning of the Property conforms to the Intergovernmental Agreement. SECTION 4. The parties hereto shall have all remedies for any breach of this Agreement in law or in equity. This Agreement shall be enforceable under the laws of Colorado. SECTION 5. This Agreement shall be binding on the Owner, Contract Purchaser and City and their respective successors and assigns, and shall be deemed a covenant running with the land. OWNERS: y Wallace R. Noel CONTRACT PURCHASER: HMN Limited Liability Co., a Colorado limited liability company BY:��r, h STATE OF COLORADO ) )Ss COUNTY OF ci�f'imiy' j The foregoing instrument was subscribed and sworn to before me this-2r'� day of 4—e/ , 1994 by Wallace R. Noel. Witness my hand and official seal. My commission expires: /= 9/13/94 {SEAL) Notary Public STATE OF COLORADO ) ss COUNTY OF r 1,*-7-1 ) The foregoing instrument was acknowledged before me this�Jday of 1994 by Zl%_- j, :_ Manager of FIMN Limited Liability Co., a Colorado limited liability company. Witness my hand and official seal. My commission expires: Not aru Public <:/ CITY OF FORT COLLINS A M icipa] Corporatiun i AT fEST: City Manager City Clerk QS APPROVED AS TO FORM: City Attorney 9/13/94 EXHIBIT A A tract of land located in the South Half of Section 17, Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 17 as bearing North 00°31'00" East and with all bearings contained herein relative thereto: Commencing at the Southeast Corner of said Section 17; thence along the South line of said Southeast Quarter, S 85'29'49" W, 30.12 feet to the POINT OF BEGINNING; thence continuing along said South line, S 85'29'49" W, 2621.35 feet to the South Quarter corner of said Section 17; thence, along the South line of the Southwest Quarter of said Section 17, S 84°59'10" W, 1181.25; thence N 00°35'10" E, 475.00 feet; thence S 84"59'10" W, 425.00 feet; thence, S 00°35'10" W, 475.00 feet to a point on the South line of said Southwest Quarter; thence, along said South line, S 84°59'10" W, 1132.06 feet to the Southwest corner of said Section 17; thence, along the West line of said Southwest Quarter, N 00°35'42" W, 2648.50 feet to the West Quarter corner of said Section 17; thence along the North line of said :Southwest Quarter, N 85'24'41" E, 2787.83 feet; thence along the West line of a tract of land described in Book 2229, Page 1386, recorded in Larimer County Records, South 00'30'37" West, 597.50 feet; thence along the South line of said tract of land, North 85°24'41" East, 2501.73 feet; thence along the West line of Fort Collins -Loveland Water District Pump Station, recorded in Larimer County Records, South 00°31'00" West, 50.00 feet; thence along the South line of said Fort Collins -Loveland Water District Pump Station, North 85'24'41" East, 120.08 feet to the West right-of-way line of Overland Trail; thence along said line South 00°31'00" West, 1988.61 feet to the Point of Beginning. The above described tract of land contains 284.233 acres more or less and is subject to all easements and rights -of -way now on record of existing.