HomeMy WebLinkAboutRIDGE ANNEX ORDINANCE # 56 1989 - Filed A-ANNEXATIONS - 2002-08-29Page is too large to OCR.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
ATTEST:
Wanda Krajicck, Cit C k
APPROV D AS TO FORM
LGc%'
W. Paul Eckman
Assistant City Attorney
S"I-ATE OF COLORADO )
) ss.
County of Larimcr )
Sub cribed and sworn to before me this LO _ day of
1999, by Steven C. Burkett, City Manager, and
Wan a Krajicck, City Clerk of the City of Fort Collins.
Witness my hand and official seal.
Notary Public 11
My Commission Expires: Te^.bee
The Owner
STATE OF COLORADO )
) ss.
County of Larimcr )
Subscribed and sworn to before me this
, �" , i!'' 1 19�, by ;;7 i.. rF-;rl.
day of
-i'r"-A-42-t
b .
Witness my hand and official seal.
N tary Public
My Commission Expires:
the Owner.
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ORDINANCE NO. 56, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
RIDGE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 89-27, stating the intent of the City of Fort
Collins to annex certain property and initiating annexation proceedings,
has heretofore been adopted; and
WHEREAS, the Council of the City of Fort Collins has found and
determined and does hereby find and determine that it is in the best
interests of the City of Fort Collins to annex said area to the City, as
required by the terms of the Intergovernmental Agreement between the City
and Larimer County, Colorado, dated September 7, 1988.
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 situate in the East one-half of Section 3,
Township 6 North, Range 69 West of the 6th p.m., County of
Larimer, State of Colorado, which considering the North line of
the Northeast quarter of said Section 3 as bearing N 89'41'43" E,
and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at the North
quarter corner of said Section 3, said point being the true point
of beginning; thence N 89°41'43" E 2608.60 feet along the North
line of said Northeast quarter to a point on a line 30.00 feet
Westerly of and parallel to the East line of said Northeast
quarter; thence S 00°00'40" W 2698.45 feet parallel with the East
line of said Northeast quarter; thence S 89'41'43" W 20.00 feet;
thence S 00'00'40" W 438.40 feet; thence S 89'46'23" W 2591.81
feet to the North -South center line of said Section 3, thence
along said North -South center line N 00°04'13" E 3133.35 feet to
the true point of beginning.
Containing 187.6584 acres.
be, and hereby is, annexed to the City of Fort Collins and made a part of
said City, to be known as the Ridge Annexation.
Section 2. That, in annexing said property to the City of Fort
Collins, the City of Fort Collins 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 of Fort Collins.
Section 3. That the City of Fort Collins 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 21st day of March, A.D. 1989, and to be presented for
hearing and final passage on the 4th day of April, A.D. 1989.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of April A.D. 1989.
Mayor
ATTEST:
City Clerk
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ANNEXATION AGREEMENT
THIS AGREEMENT is executed this 5th day of April, 1989, by and
between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation ("the City"), and Alan E. Kilminstcr ("the Owner").
W I T N E S S E T H:
WHEREAS, the Owner is the owner of a certain piece of property
located in the County of Larimer, State of Colorado and more particularly
described as follows, to wit:
Beginning at a point on the East Line of Section 3, Township 6
Range 69 West of the 6th P.M., 500 feet South of the Northeast
corner of said Section, thence S 89 W 500 feet, thence South 125
feel, thence N 89 E 500 feet, thence North 125 feet to the point of
heginning, County of Larimer, State of Colorado.
The above-dcscribcd property being hereinafter referred to as "the
Property"; and
WHEREAS, annexation proceedings have been commenced for the
purpose of annexing the Property into the City; and
WHEREAS, there has heretofore existed upon the Property a certain
legally permissiblc use under State and Latimer County laws and
regulations, which use will or may constitute a "non -conforming use"
under the zoning ordinance of the City upon annexation; and
WHEREAS, the parties desire, by this Agreement, to more
particularly define the nature of use conducted upon the property for the
purpose of avoiding future disputes regarding the type of use which
would be permissible under the ordinances of the City as a
non -conforming use.
NOW, THEREFORE, in consideration of the mutual promises of the
panics and other good and valuable consideration, the receipt and
ndcquacy of which is hereby acknowledged, the parties agree as follows:
I. The Owner agrees that, except as the present use of the Property
is described hereafter in this Agreement, the Owner shall have no right to
anv additional uses of the Property, except such uses as conform to the
City's zoning ordin.ancc.
2. The City agrees that, in addition to uses which would be
permissible pursuant to the City Code, the owner shall have the additional
right to conduct the non -conforming use as hereafter described upon the
Properly.
3. The non -conforming use to which the Property is presently being
put constitutes a small farming and livestock raising operation. It is
understood that said use is seasonal in nature and
contemplates reasonable flexibility in the growing of crops and the raising
of livestock. The Owner is not limited in the growing of crops or raising
of livestock to the specific crop grown or livestock raised at the moment
of annexation but, rather, is entitled to rotate crops and raise a variety
of livestock as is typical and customary to a small farming or livestock
raising operation.
4. Notwithstanding the immediately preceding paragraph authorizing
flexibility in the growing of crops and raising of livestock, it is
understood and agreed that the Owner shall not conduct farming
operations upon the Property or raise livestock upon the Property in such
a manner as to create a nuisance by reason of soil or wind erosion
and/or the generation of unreasonable noise or odors not ordinarily
attendant to such use. The Owner shall not permit the growth upon the
Property of such plants as are declared by the City to be noxious and/or
a nuisance nor shall the Owner raise animals upon the Property which are
declared in the Code of the City to be a nuisance detrimental to the
health, safety and welfare of the citizens of the City.
5. In the conduct of livestock raising upon the Property, it is
specifically agreed that the Owner shall be limited to the raising of not
more than 2 head of horses, 2 head of cattle, 4 head of llama or 4 head
of goats or any combination of the above, provided that there shall be no
more than 4 head of animals in the aggregate upon the Property at any
one time. The Owner shall have the right to continue the aforesaid
farming and livestock raising operation upon the Property but shall not
have the right to expand said operation beyond the limits as heretofore
established.
6. It is understood that, in addition to the principal residence
located upon the Property, there presently exists a barn/machine shed, and
miscellaneous corrals on the Property, all as shown on Exhibit A attached
hereto and incorporated herein by this reference.
7. This Agreement constitutes the entire understanding of the
parties with regard to the subject matter hereof and may be amended
only by subsequent written agreement executed by both of the parties.
This Agreement shall inure to the benefit of the parties, their heirs,
personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: /)C/L_ C
Steven C. Burkett,
IL
Wanda Krajicck, City C rk
APPROVED AS TO FORM:
W. Paul Eckman
Assistant City Attorney
STATE OF COLORADO
) ss.
County of Larimer )
Manager
Subs ribcd and sworn to before me this _ day of
��%✓1�_ 191�?�, by Steven C. Burkett, City Manager, and
Wands Krajicck, City Clerk of the City of Fort Collins.
Witness my hand and official se
al
7ZA /2 4
Notary Public
My Commission Expires: C✓ 42/ 199,;�
The Owner
STATE OF COLORADO )
) ss.
County of Latimer )
Subscribed and sworn to before me this ._jday of
1 i , 19�, by , fl:e, r_ �nuas,L-v the Owner.
Witness my hand and official seal
Notry Pt blic
My Commission Expires; •;l'�' Xw
i
3
EXHIBIT A
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ANNEXATION AGREEMENT
THIS AGREEMENT is executed this 4th day of April, 1989, by and
between THE CITY' OF FORT COLLINS, COLORADO, a municipal corporation
("the City"), and Sanford B. Thayer ("the Owner"), Trustee for the
Owners.
W I T N E S S E T H:
WHEREAS, the Owner is the owner of a certain piece of property
located in the County of Larimer, State of Colorado and more particularly
described as follows, to wit:
A tract of land situate in the Northeast 1/4 of Section 3, Township
6 North, Range 69 West of the Sixth P.M., Larimer County Colorado,
which considering the East line of the said Northeast 1/4 as bearing
S 00 41' F, and with all hearings contained herein relative thereto
are more particularly described as follows:
Begin at a point on the East line of the said Northeast 1/4 which
bears S 00 41' E 1160.87 feet from the Northeast corner of said
Section 3 and run thence S 00 41' E 621.69 feet along the said East
line; thence N 85 11' W 192.71 feet; thence S 04 55' E 123.72 feet;
thence S 88 44' E 182.80 feet to a point on the East line of said
Northeast 1/4; thence S 00 41' E 416.31 feet along the said East line
to a point which bears N 00 41' W 332.45 feet from the East 1/4
corner of said Section 3; thence S 89 00' W 1320.00 feet parallel to
the North line of the said Northeast 1/4; thence N 00 41' W 1149.13
feet parallel to the East line of the said Northeast 1/4; thence N 89
00' E 1320.00 feet parallel to the North line of the said Northeast
1/4 to the point of beginning, containing 34.3187 acres, more or less,
and being subject to a County Road right-of-way over the East 30.00
feel thereof.
The above -described property being hereinafter referred to as "the
Property"; and
WHEREAS, annexation proceedings have been commenced for the
purpose of annexing the Property into the City; and
WHEREAS, there has heretofore existed upon the Property a certain
legally permissible use under State and Larimer County laws and
regulations, which use will or may constitute a "non -conforming use"
under the zoning ordinance of the City upon annexation; and
WHEREAS, the parties desire, by this Agreement, to more
particularly define the nature of use conducted upon the property for the
purpose of avoiding future disputes regarding the type of use which
would be permissible under the ordinances of the City as a
non -conforming usc.
h
NOW, THEREFORE, in consideration of the mutual promises of the
parties and other good and valuable consideration, the receipt and
❑dcquacy of which is hereby acknowledged, the parties agree as follows:
I. The Owner agrees that, except as the present use of the Property
is described hereafter in this Agreement, the Owner shall have no right to
anv ❑dditional uses of the Property, except such uses as conform to the
City's zoning ordinance.
2. The City agrees that, in addition to uses which would be
permissible pursuant to the City Code, the owner shall have the additional
right to conduct the non -conforming use as hereafter described upon the
Property.
3. The non -conforming use to which the Property is presently being
put constitutes a small farming and livestock raising operation. It is
undcrstood that said use is seasonal in nature and contemplates reasonable
flexibility in the growing of crops and the raising of livestock. The
Owner is not limited in the growing of crops or raising of livestock to
the specific crop grown or livestock raised at the moment of annexation
but, rather, is entitled to rotate crops and raise a variety of livestock as
is typical and customary to a small farming or livestock raising operation.
4. Notwithstanding the immediately preceding paragraph authorizing
flexibility in the growing of crops and raising of livestock, it is
understood and agreed that the Owner shall not conduct farming
operations upon the Property or raise livestock upon the Property in such
manner as to create a nuisance by reason of soil or wind erosion
and/or the generation of unreasonable noise or odors not ordinarily
attendant to such use. The Owner shall not permit the growth upon the
Property of such plants as are declared by the City to be noxious and/or
n nuisance nor shall the Owner raise animals upon the Property which are
declared in the Code of the City to be a nuisance detrimental to the
health, safety and welfare of the citizens of the City.
5. In the conduct of livestock raising upon the Property, it is
specifically agreed that the Owner shall be limited to the raising of not
more than 50 head of horses, 30 head of cattle, 50 head of sheep or 10
goats or any combination of the above, provided that there shall be no
more than 80 head of animals in the aggregate upon the Property at any
one time. The Owner shall have the right to continue the aforesaid
loaning and livestock raising operation upon the Property but shall not
have the right to expand said operation beyond the limits as heretofore
established.
6. It is understood that, in addition to the principal residence
located upon the Property, there presently exists a barn/machine shed,
miscellaneous corrals and a mobile home on the Property, all as shown on
Exhibit A attached hereto and incorporated herein by this reference.
7. This Agreement constitutes the entire understanding of the
parties with regard to the subject matter hereof and may be amended
only by subsequent written agreement executed by both of the parties.
I his Agreement shall inure to the benefit of the parties, their heirs,
personal representatives, successors and assigns.
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