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HomeMy WebLinkAboutCOLLEGE & TRILBY - ANNEX. & ZONING - 32-04 - P&Z PACKET - PETITIONSTATEMENT OF PRINCIPLE AND POLICIES WITH THE CITY STRUCTURE PLAN The property to be annexed is within the Growth Management Area (the "GMA") as defined in the Intergovernmental Agreement between Larimer County and the City of Fort Collins (the "IGA"). The IGA provides that is the City's intent to annex properties within the GMA. The annexation of the property will facilitate the City's orderly growth within the GMA pursuant to the IGA. The City Structure Plan is focused primarily on the physical form and development pattern of the city. This annexation to a proposed NC zoning district is consistent with the City's adopted structure plan. ATTACHMENT "C" ATTORNEY CERTIFICATION Larry C. Fulton , an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the College and Trilby Annexation to the City of Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation, as said area is described on Attachment "A" of said Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. 4139 Date ignature Attorney Reg. No. ATTACHMENT "B" Flo�do- STATE OF C@tORA 0 ) )ss. COUNTY OFt7ER ) N:llsboNo�h The undersigned, being first duly sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and that each signature therein is the signature of the person whose name it purports to be. I 'Circulators Signature Subscribed and sworn to before me this L4 }h day of �� As 4- 2 DOy, by� 1\ On i.clwe\\ WITNESS my hand and official seal. �0(kelo-7 Commission Expiration 4ry 6ubfic—�epy� -r2w,, Jackie A, Reetl `(., My Commiyygn DD223910 °F ado?Expires June 18, 2007 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A parcel of land being part of the Southeast Quarter (SE 1/4) of Section Eleven (11), the Southwest Quarter (SW 1/4) of Section Twelve (12), the Northwest Quarter (NW 1/4) of Section (13), and the Northeast Quarter (NE1/4) of Section Fourteen (14), Township Six North (T.6N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast (SE) corner of said Section 11 assuming the East Line of the SEi/4 of said Section as bearing North 00'40'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.18 feet with all other bearings contained herein relative thereto: THENCE South 00°14'49" East along the East line of the NEIA of said Section 14 a distance of 40.69 feet to the POINT OF BEGINNING; THENCE South 89°14'30" West a distance of 49.83 feet to the West Right -of -Way (ROW) line of Highway #287 (also known as College Avenue); THENCE North 00029'19" West along said West ROW line a distance of 10.00 feet to the South ROW line of Trilby Road; THENCE South 88°27'35" West along said South ROW line a distance of 369.89 feet to the East line of Timan First Annexation; THENCE North 00°40'19" West along the East line of said Timan First Annexation a distance of 531.00 feet to the South line of said Timan First Annexation; THENCE North 88027'35" East along said South line and along the Easterly prolongation of said South line a distance of 471.35 feet to the East ROW line of Highway #287 also being the West line of Kel-Mar Strip Subdivision recorded under Reception Number 913846 in the Records of Larimer County; THENCE South 00°30'57" East along the said East ROW line as defined by said Kel-Mar Strip Subdivision, Book 1059 Page 402, and Book 1066 Page 184 of the Records of Larimer County a distance of 542.39 feet, to the South ROW line of Trilby Road, said line also being the North line of the Southland At Trilby Heights Subdivision Filing No 1 recorded under reception number 99031585 on April 13, 1999; THENCE South 89°14'30" West a distance of 50.17 feet to the POINT OF BEGINNING; Said parcel of land contains 5.761 acres, more or less (f), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. X (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to -wit: INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on Attachment `A'." IN "TN.ESS WHEROF, 1/we have executed this Petition for Annexation this day of ,CN1j- .2—Y• Petitioner) bwr e&s Signature Petitioner's/Owner's Signature V00 W2JT ReMPA 4614. YwkZZ!r Address Address /Otn� /L L 33 6 0 9 City State Zip City State Zip PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an are, to be referred to as the Co 1lcgc 0,0 d 1 r;161 __ Annexation to the City of Fort Collins. Said area, consisting of approximately EWe mo%eA 'rbr/ico acres, is more particularly described on Attachment "A," attached hereto. The Petitioners allege: That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be. -annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than -fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20. of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area be placed in the N C Zone District pursuant to the Land Use Code of the City of Fort Collins.