Loading...
HomeMy WebLinkAboutFOSSIL CREEK 392 - ANNEXATION & ZONING - 32-09 - REPORTS - PETITIONATTACHMENT D 1. It is desirable that the Fossil Creek Project (as described herein) be annexed to the City of Fort Collins. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S. have been met. 3. Not less than 1/6 of the perimeter of the Fossil Creek Project is contiguous with the boundaries of the City of Fort Collins. 4. A community of interest exists between the Fossil Creek Project and the City of Fort Collins. 5. The Fossil Creek Project will be urbanized in the near future. 6. The Fossil Creek Project is capable of being integrated with the City of fort Collins. 7. The Petitioners comprise more than 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 be required to assume any obligations respecting the construction of "off -site"; water mains, sewer lines, gas mains, electric service lines, telephone, cable/fiber optic lines, streets or any other services or utilities serving the Fossil Creek Project. All such services shall be brought to within 5' of the property boundary for connection as part of the development of the site in advance to any such installation creating a delay, or disruption to the development of the site. The City of Fort Collins shall not be required to assume any obligations respecting the construction of water mains, sewer lines, gas mains, electrical service lines, streets or any other services or utilities which are "on site" in connection with the property proposed to be annexed excepted as to be provided by the ordinance of the City of Fort Collins. ATTACHMENT"C" ATTORNEY CERTIFICATION Based solely on the information only title. commitment number 1462031, :effective October.2, 2009, a copy of which. is attached, her and incorporated herein as Exhibit A,I, Rita M. Connerly, an attorney licensed to practice in the State of Colorado, hereby certify that: 1,. As of. the date of this certificate, VPD392/Prato, LLC, a Colorado 'limited' liability company is the owner of certain real property proposed : for. annexation to the City. of Fort Collins;.as.more.particularly described on the Fossil Creek Annexation:Map as: A TRACT OF LAND SITUATED IN THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE :68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO. CONSIDERING THE NORTH LINE. OF SAID SECTION 22 AS BEARING NORTH 89040'32"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, THENCE NORTH 89040'32": EAST, 60.01 FEET TO THE TRUE POINT OF BEGINNING. THENCE CONTINUING ON THE NORTH LINE OF SAID SECTION 22, SAID LINE ALSO BEING THE CENTER LINE OF A COUNTY ROAD NORTH 890402 EAST, 1214.38 FEET; THENCE LEAVING SAID SECTION LINE SOUTH 00019'28"E, 33.41 FEET: TO THE WESTERLY RIGHT OF. THE WAY LINE OF INTERSTATE;25; THENCE CONTINUING.... ALONG SAID RIGHT OF WAY LINE ON THE FOLLOWING COURSES: SOUTH 81.021-28".EAST, 303.80 FEET; NORTH 3'02".EAST, 450.02 FEET; SOUTH 3192'58" EAST, 553.67 FEET; SOUTH 18025'02".EAST, 70.21 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 89034'58". WEST, 2279.35 FEET; THENCE NORTH 00028'5.0" EAST, 625.37.FEET TO THE POINT OF BEGINNING, EXCEPTING THAT PORTION THEREOF CONVEYED TO. THE DEPARTMENT OF. HIGHWAYS 1N INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236 AT PAGE .145, .. . FURTHER EXCEPTING THAT PORTION THEREOF DEDICATED AS PUBLIC HIGHWAY AND ACCELERATED BY THE BOARD OF COUNTY COMMISSIONERS .OF .THE COUNTY OF LARIMER IN DEED OF DEDICATION RECORDED AUGUST 13, 1992 AT RECEPTION No. 920492211 AND FURTHER EXCEPTING ANY PORTION THEREOF LYING WITHIN ANY PUBLIC ROAD OR HIGHWAY 2. As of the date of this certificate, VPD392/Prato, LLC constitutes more than 50% of the landowners in the area proposed for annexation, as said area is described herein and on said Fossil Creek Annexation Map, and own more than 50% of the land in said area, exclusive of streets and alleys. October 15, 2009 ATTACHMENT"C" ATTORNEY CERTIFICATION I, , 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 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. Date Signature Attorney Reg. No. revised 3131/08 u STATE OF COLORADO )ss. COUNTY OF LARIMER ATTACHMENT"B" 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. irculatofs Signature Subscribed and sworn to before me this /1?61 day ofJv-/ A 2 oG9, by LFhi2RyCR��SL/E �JLL�(/�n/►� WITNESS my hand and official seal. Commission Expiration . OF Cp�CPP`, , EXPIRES 141 Notary FgjlAic revised 3131/08 FOSSIL CREEK 392 ANNEXATION PROPERTY DESCRIPTION THAT CERTAIN PORTION OF THE LAND DESCRIBED IN THE SPECIAL WARRANTY DEED TO VPD392/PRATO, LLC, IN THE COUNTY OF LARIMER, STATE OF COLORADO, PER DOCUMENT RECORDED JUNE 2, 2009 AT RECEPTION NO. 20090035759 IN THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN SAID COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22; THENCE ALONG THE NORTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 22, NORTH 89040'32" EAST, 60.01 FEET TO THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LAND DESCRIBED IN THE SPECIAL WARRANTY DEED TO VPD392/PRATO, LLC; THENCE ALONG SAID NORTHERLY PROLONGATION AND SAID WESTERLY LINE, SOUTH 00028'51" WEST 58.77 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF CARPENTER ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AUGUST 13, 1992 AT RECEPTION NO. 92049221, IN SAID OFFICE OF THE CLERK AND RECORDER, AND THE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 5790.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 00051'27" EAST; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 01010'55" AN ARC LENGTH OF 119.44 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY, TANGENT TO SAID CURVE, NORTH 89040'32" EAST 1264.25 FEET TO THE WESTERLY RIGHT-OF-WAY OF INTERSTATE 25; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY THE FOLLOWING 4 COURSES: 1) SOUTH 81 °21'28" EAST, 133.21 FEET; 2) NORTH 89°33'02" EAST, 450.02 FEET; 3) SOUTH 31-12-58" EAST, 553.67 FEET; 4) SOUTH 18°25'02" EAST, 70.21 FEET TO THE SOUTHERLY LINE OF SAID LAND DESCRIBED IN THE SPECIAL WARRANTY DEED TO VPD392/PRATO, LLC; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89034'58" WEST, 2279.35 FEET TO SAID WESTERLY LINE OF THE LAND DESCRIBED IN THE SPECIAL WARRANTY DEED TO VPD392/PRATO, LLC; THENCE ALONG SAID WESTERLY LINE, NORTH 00028'50" EAST, 566.62 FEET TO THE POINT OF BEGINNING. CONTAINS 1,187,031 SQUARE FEET OR 27.250 ACRES, MORE OR LESS. ROBERT D. SNODGRASS, PLS 36580 COLORADO LICENSED PROFESSIONAL LAND SURVEYOR FOR AND ON BEHALF OF CALVADA SURVEYING, INC. 0 ATTACHMENT"A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: N w �4 of 'JeGAl.00 Z-Z, Townoskl p to Nae+t, 1 _Ron42 (o b �onslXering t-%e ne 04-'� sa-ec-k,'ci" 2,Z Q m t s� ear;nc� ►V �j �O 3Z a,d wt vt ail 1oQarin�s i✓o n� 0.i�e 1'L QYl /1 Y e �a V e Y e -io . Cow. ,ram e riG�n -iV14E, ,.►w, CY(«r d� Sa;a SQCA\ rNI 2Z e ri r,E' Co n �iJn C� t n� 6 ri �e N o YA-v, . r e. p-�' SaA SecA\k ovi 2-Z-� S� a �� �� 0.1S6 �00_t, "5 Se�_Nk_N�avx Uric S OOb lQ 2$ ' �,,5�4a.e � 5 � 5 p` w a`JI i rz4 o� Tn } i S� � Y; b..� �� tom.► C3.�.I ��. n'e. 11� Q tCe $lq° off`' 45b oD- 3ti l�- 5 a) tee( I� ewe�e l Qa u oa5 6a:\ A 'aS 1��- Oi cJAt� l ►'�2 5 ��l o j��i^ � a . 3S e rt /. Cc) , -14a�,�oteas, 3--�-1, �o-u�t�s ' Sdedsut igec �e� e.©n�ns _l+acYe5 SCA6 j e � -%b �- ,evse any eo�ger�-ter��� 6 r r i�Vvts- o �..,a� �s na y (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'." See A40.ckrrnen-� is WHEROF, I/we have executed this Petition for Annexation this da of 2 U0 Iy s Address Lakie wo©j 6 pdc�� City State Zip Signature Address City State Zip revised 3131/08 N 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 area, o be referred to as the rOSSI A Cryo lc i e,�,- ` �9 Z Alln aC ., , Annexation to the City of Fort Collins. Said area, consisting of approximately -1' . , e L,77 ( Z V ) acres, is more particularly described on Attachment "A," attached heret . The Petitioners allege: 1. 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 31-12-105, C.R.S., exist or have been met. 52 2 atAc�c-1nr�Q�t D2. 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. 52�2 a ROCIAYVNP .% � .3 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. S�.e e•.�F � 5. That the area to be annexed is urban or will be urbanized in the near future. 54W 0_a0-cln-c1^P�A b 5 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort��ns.a-L�eA 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. Se,ee�lr`w�e 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, o 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 thq area described on Attachment "A." Furthermore, the Petitioners request that said area be placed in th Zone District pursuant to the Land Use Code of the City of Fort Collins. (it ^11) revised 3131/08