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HomeMy WebLinkAboutEAGLE VIEW - THIRD ANNEXATION & ZONING - 38-08 - REPORTS - PETITIONEXHIBIT "B" to the Petition for Annexation Legal Description of the Property Owned by the Petitioners, Dale Wayne Brown and Terri Sue Brown A tract of land located in Northwest Quarter of Section 10 in Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said tract is also located in Lot 1 of the Brown MLD S-60-89, a plat of record with the Cleric and Recorder of the said Larimer County, more particularly described as follows; Considering the north line of the northwest quarter of the said Section 10 as bearing South 89 degrees 04 minutes 36 seconds East between a 2.5" Aluminum Cap monument, PLS 16847, at the northwest corner of Section 10 and a 2" Aluminum Cap monument, PLS 12374 at the north quarter corner of Section 10, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northwest corner of Section 10; THENCE along the said north line of the northwest quarter, South 89 degrees 04 minutes 36 seconds East for a distance of 1320.96 feet to the northeast comer of the said Brown MLD S-60-89; THENCE along the east line of the said Brown MLD S-60-89, South 00 degrees 18 minutes 17 seconds West for a distance of 30.00 feet to the northeast corner of the said Lot 1 and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said east line of the Brown MLD S-60-89, South 00 degrees 18 minutes 17 seconds West for a distance of 10.00 feet; THENCE leaving the said east line and along a line being 10.00 feet (measured at right angles) south of and parallel with the north line of the said Lot 1, North 89 degrees 04 minutes 36 seconds West for a distance of 670,40 feet to the west line of the said Lot 1; THENCE along the said west line North 63 degrees 05 minutes 40 seconds West for a distance of 22.83 feet to the north line of the said Lot 1; THENCE along the said north line of Lot 1, South 89 degrees 04 minutes 36 seconds East for a distance of 690.81 feet to the point of beginning. Containing 6,807 square feet. THENCE along the north line of the said Lot 2, North 89 degrees 04 minutes 36 seconds West for a distance of 600.06 feet to the northwest corner of the said Lot 2; THENCE North 89 degrees 04 minutes 36 seconds West for a distance of 59.01 feet; THENCE North 01 degrees 48 minutes 47 seconds West for a distance of 60.56 feet to the west Right of Way of the said Strauss Cabin Road; THENCE along the said west Right of Way, North 01 degrees 49 minutes 10 seconds West for a distance of 2584,30 feet to the north line of the Southeast Quarter of the said Section 4; THENCE along the said north line, South 88 degrees 36 minutes 06 seconds East for a distance of 30.05 feet to the point of beginning. Containing 5.976 acres more or less. EXHIBIT "A" to the Petition for Annexation Legal Description of the Property A tract of land located in Sections 3, 4, 9 and 10 of Township 6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more particularly described as follows; Considering the west line of the Southwest Quarter of the said Section 3 as bearing South 01 degrees 49 minutes 10 seconds East between a 2.5" Aluminum Cap monument PLS 33193 at the West quarter corner of Section 3 and a 2.5" Aluminum Cap monument PLS 17497 at the Southwest corner of Section 3, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said West Quarter corner of Section 3, the West Quarter Corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Southwest Quarter of Section 3, South 89 degrees 20 minutes 37 seconds East for a distance of 30.03 feet to the east Right of Way of Strauss Cabin Road; THENCE along the said east Right of Way, the following three (3) courses and distances, (1) South 01 degrees 49 minutes 10 seconds East for a distance of 472.58 feet; (2) South 17 degrees 10 minutes 10 seconds East for a distance of 18.89 feet; (3) South 01 degrees 49 minutes 10 seconds East for a distance of 2084.12 feet to the north Right of Way of Kechter Road; THENCE along the said north Right of Way the following three (3) courses and distances, (1) South 89 degrees 04 minutes 36 seconds East for a distance of 686.89 feet; (2) South 00 degrees 55 minutes 24 seconds West for a distance of 10.00 feet; (3) South 89 degrees 04 minutes 36 seconds East for a distance of 600.62 feet to the northerly extension of the easterly line of Lot I of the Brown MLD S-60-89, a plat of record with the Clerk and Recorder of the said Larimer County; THENCE along the said extended line and along the said easterly line of Lot 1, South 00 degrees 18 minutes 17 seconds West for a distance of 70.00 feet to a line which is 10.00 feet (measured at right angles) south of and parallel with the north line of the said Lot 1; THENCE along the said parallel line, North 89 degrees 04 minutes 36 seconds West for a distance of 670,40 feet to the westerly line of the said Lot 1; THENCE along the said westerly, North 63 degrees 05 minutes 40 seconds West for a distance of 22.83 feet to the northeast corner of Lot 2 of the said Brown MLD S-60- 89; AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the City of Fort Collins, Colorado, and that the signatures thereon of Dale Wayne Brown and Terri Sue Brown were witnessed by affiant and are the signatures of• e per ons whose names they purport to be. STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) On the 4- day of November, 2008, before me personally came John Stokes to me known, and known to me to be the individual described in, and who executed the foregoing instrument, and who acknowledged to me that he executed the same. Witness my hand and official seal. My Commission expires:/ c?Ci % [SEAL] Notary Public 19. 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. 20. As an express condition of annexation, Petitioner consents 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, the undersigned Petitioners request that the City of Fort Collins approve the annexation of the Property. PETITIONERS: Dale Wayne}}Bv6wn Terri Sue B or wn Address: 4225 Kechter Road Fort Collins, CO 80528 STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) On the J day of November, 2008, before me personally came Dale Wayne Brown and Terri Sue Brown, to me known, and known to me to be the individuals described in, and who executed the foregoing instrument, and who acknowledged to me that he or she executed the same. Witness my hand and official se My Commission expires: p / Ida 4( [SEAL) %f Notary Public 11. Petitioner is the owner of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprises more than fifty percent (50%) of the landowners of such area, exclusive of streets and alleys. 12. The legal description of the land owned by the signer of this Petition for Annexation is set forth on Exhibit `B" attached hereto and incorporated herein by this reference. 13. Accompanying this petition are four copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the Property proposed to be annexed; b. The boundary of the Property and the boundary of the Property contiguous with the City of Fort Collins and any other municipality abutting the Property; c. The. location of each ownership tract of unplatted land, and the boundaries and the plat numbers of plots or of lots and blocks of any platted land; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of Property and the length of the boundary of the Property contiguous with the City of Fort Collins; f. The width of any county roads abutting the Property. 14. No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will become effective. 15. The area proposed to be annexed is located within: Larimer County, Poudre R-1 School District, Poudre Valley Fire Protection District, the Health District of Northern Colorado, the Northern Colorado Water Conservancy District, Fort Collins Regional Library District, and the Larimer County Pest Control and District. 16. The mailing address of the Petitioners and the date of signing of the Petitioners' . signature are shown on this Petition. 17. The Property is not presently a part of any incorporated town, city and county, or city. 18. No vested rights to use or develop the Property in any particular way, as defined in Section 24-68-101, et sLeq., CKS. have been requested by Petitioner from any governmental entity. PETITION FOR ANNEXATION TO: . The City Council of the City of Fort Collins, Colorado The undersigned ("Petitioners"), being more than fifty percent (50%) of the landowners and being the landowners of more than fifty percent (50%) of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit "A" attached hereto and made a part hereof (the "Property"), hereby petition the City Council of the City of Fort Collins for annexation of the Property known as the "Eagle View. Third Annexation" in accordance with the provisions of Part 1 of Article 12 of Title 31, C.R.S., as amended. In support of the petition, Petitioners state: l . It is desirable and necessary that the Property be annexed to the City of Fort Collins. 2. The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. have been met, 3. Not less than one -sixth of the perimeter of the Property is contiguous with the City of Fort Collins. 4. A community of interest exists between the Property and the City of Fort Collins. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or capable of being integrated with the City of Fort Collins. 7. In establishing the boundaries of the Property, no land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road or other public way. 8. No land held in identical ownership comprising twenty (20) acres or more which has a valuation for assessment in excess of Two Hundred Thousand Dollars ($200,000.00) for the preceding tax year has been included in the boundary of the Property without the written consent of the landowner. 9. The boundaries of the Property to be annexed include the full width of any county road abutting any of the property to be annexed, 10. Annexation of the Property will not result in the detachment of area from any school district or attachment of area to another school district.