HomeMy WebLinkAboutFOSSIL CREEK RESERVOIR OPEN SPACE - ANNEXATION & ZONING - 4-08 - REPORTS - PETITIONATTACHMENT"C"
ATTORNEY CERTIFICATION
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�yI rj d 4 , 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 "; II'vPek f2pov,ui�S r opevi 5Pa« 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.
3 31 08 z65gy
Date Signature 0 Attorney Reg. No.
Page 8 of 8
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.
)vbj"�U�
Circul or's Sig ature
Subsc jbed and s rn to before me this day of 2�
by �jhQ l�pU
WITNESS my hand and official
Commission Expiration
ON -
NOTARY
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PUB.ic
N
p o ary Public
Page 7 of 8
THENCE continuing along the said east line of Section 16, North 00 degrees 32 minutes
46 seconds East for a distance of 329.62 to the said southerly line of the Fossil Creek
Reservoir;
THENCE along the said southerly line the following five (5) courses and distances, (1)
North 85 degrees 35 minutes 14 seconds West for a distance of 123.42;
(2) South 61 degrees 42 minutes 01 seconds West for a distance of 290.00;
(3) South 65 degrees 12 minutes 01 seconds West for a distance of 224.50;
(4) South 82 degrees 31 minutes 29 seconds East for a distance of 279.11;
(5) South 76 degrees 45 minutes 29 seconds East for a distance of 310.57 to the point of
beginning. Containing 2.426 acres more or less.
The above described annexation contains a total of 328.745 acres more or less and is subject to
all easements and rights of ways now existing or of record.
I hereby state that the above description was prepared by me and is true and correct to the best
of my professional knowledge, belief and opinion. The description is based upon previously
recorded plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 6 of 8
THENCE along the said southerly Right of Way, South 49 degrees 04 minutes 18
seconds East for a distance of 1249.46 feet to the said southerly Right of Way of Carpenter
Road as shown on the Plat of Fossil Lake PUD First Filing South Property, being a line which is
30.00 feet south of and parallel with the north line of the northeast quarter of the said Section
20;
THENCE continuing along the said southerly Right of Way, North 89 degrees 45 minutes
50 seconds East for a distance of 815.95 feet;
THENCE continuing along the said southerly Right of Way, being a line which is 30.00
feet south of and parallel with the north line of the northwest quarter of the said Section 21,
South 86 degrees 41 minutes 40 seconds East for a distance of 2652.67 feet to the west line of
that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at Reception
NO. 92039354 records of the said Clerk and Recorder;
THENCE along the said west line, South 00 degrees 33 minutes 06 seconds West for a
distance of 30.04 feet to the south line of the said tract described at Reception NO. 92039354;
THENCE along the said south line and along the south line of that certain tract of land
described in a Deed of Dedication recorded July 16, 1992 at Reception NO. 92041166 records
of the said Clerk and Recorder, South 86 degrees 38 minutes 47 seconds East for a distance of
1811.73 feet to the east line of the said tract described at Reception NO. 92041166;
THENCE along the said east line, North 03 degrees 21 minutes 13 seconds East for a
distance of 30.00 feet;
THENCE continuing along the said south Right of Way line, being a line which is 30.00
feet south of and parallel with the north line of the northeast quarter of the said Section 21,
South 86 degrees 38 minutes 47 seconds East for a distance of 215.00 feet to the west line of
the said tract described at Reception NO. 92041166;
THENCE along the west and south lines of the said tract described at Reception NO.
92041166 the following three (3)courses and distances, (1)South 03 degrees 21 minutes 13
seconds West for a distance of 15.00 feet;
(2)South 86 degrees 38 minutes 47 seconds East for a distance of 50.00 feet;
(3)South 03 degrees 21 minutes 13 seconds West for a distance of 15.00 feet;
THENCE continuing along the said south line and along the said south line of the tract
described at Reception No. 92039354, South 86 degrees 38 minutes 47 seconds East for a
distance of 393.17 feet;
THENCE continuing along the said south line as described at Reception No. 92039354,
along a curve to the left having a radius of 5790.00 feet a central angle of 01 degrees 47
minutes 39 seconds and an arc length of.181.30 feet, being subtended by a chord of South 87
degrees 32 minutes 36 seconds East for a distance of 181.29 feet to the Point of Beginning;
Containing 326.319 acres more or less.
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the southeast corner of the said Section 16;
THENCE along the east line of the said Section 16, as shown on the said Survey Plat of
Fossil Creek Reservoir, North 00 degrees 32 minutes 46 seconds East for a distance of 3248.48
to the said southerly line of the Fossil Creek Reservoir, and to the TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
Page 5 of 8
(3) North 89 degrees 41 minutes 04 seconds East for a distance of 51.27 feet;
THENCE continuing along the said State Highway right of way, and along the westerly
line of that certain tract of land described in a Special Warranty Deed recorded December 28,
2005 at Reception No. 20050110472 records of the said Clerk and Recorder, North 00 degrees
34 minutes 46 seconds East for a distance of 204.22 feet to the southerly line of the Fossil
Creek Reservoir as shown on a Survey Plat by James H. Stewart, PLS dated January 29, 1975;
THENCE along the said southerly line the following 29 courses and distances, (1) North
61 degrees 32 minutes 14 seconds West for a distance of 437.39 feet;
(2) North 45 degrees 29 minutes 14 seconds West for a distance of 490.00 feet;
(3) North 56 degrees 50 minutes 14 seconds West for a distance of 405.00 feet;
(4) North 43 degrees 10 minutes 14 seconds West for a distance of 355.00 feet to the
east line of the said Section 16 Township 6 North Range 68 West;
(5) along the said east line, North 00 degrees 32 minutes 46 seconds East for a distance
of 5.34 feet;
(6) North 44 degrees 25 minutes 14 seconds West for a distance of 653.21 feet;
(7) North 01 degrees 58 minutes 29 seconds West for a distance of 604.02 feet;
(8) North 45 degrees 06 minutes 29 seconds West for a distance of 246.58 feet;
(9) North 71 degrees 32 minutes 44 seconds West for a distance of 328.65 feet;
(10)South 63 degrees 24 minutes 46 seconds West for a distance of 195.40 feet;
(11)South 77 degrees 28 minutes 01 seconds West for a distance of 301.55 feet;
(12)South 67 degrees 12 minutes 31 seconds West for a distance of 373.70 feet;
(13)South 89 degrees 10 minutes 46 seconds West for a distance of 382.55 feet;
(14)South 09 degrees 11 minutes 31 seconds West for a distance of 430.50 feet;
(15)South 86 degrees 38 minutes 31 seconds West for a distance of 601.85 feet;
(16)South 71 degrees 48 minutes 01 seconds West for a distance of 205.40 feet;
(17)North 76 degrees 24 minutes 29 seconds West for a distance of 243.00 feet;
(18)North 65 degrees 11 minutes 44 seconds West for a distance of 374.20 feet;
(19)North 56 degrees 57 minutes 59 seconds West for a distance of 369.25 feet;
(20)South 33 degrees 40 minutes 46 seconds West for a distance of 405.60 feet;
(21)South 87 degrees 20 minutes 16 seconds West for a distance of 384.40 feet;
(22)North 69 degrees 58 minutes 44 seconds West for a distance of 407.00 feet;
(23)North 62 degrees 09 minutes 59 seconds West for a distance of 284.51 feet;
(24)North 80 degrees 25 minutes 14 seconds West for a distance of 137.89 feet
(previously recorded as 138.93 feet) to the west line of the said Section, 16;
(25)along the said west line and continuing along the said southerly line of the Fossil
Creek Reservoir, North 00 degrees 31 minutes 41 seconds East for a distance of 19.77 feet
(previously recorded as 19.60 feet);
(26)North 88 degrees 45 minutes 41 seconds West for a distance of 506.08 feet
(previously recorded as 505.00 feet);
(27)North 80 degrees 19 minutes 14 seconds West for a distance of 465.00 feet;
(28)South 81 degrees 33 minutes 46 seconds West for a distance of 377.00 feet;
(29)North 78 degrees 37 minutes 14 seconds West for a distance of 434.00 feet to the
westerly line of that certain tract of land as described in a Public Trustees Deed recorded
December 27, 1990 at Reception No. 90060837 records of the said Clerk and Recorder;
THENCE leaving the said southerly line of the Fossil Creek Reservoir and along the said
westerly line as recorded at Reception No. 90060837 and its southerly extension, South 00
degrees 43 minutes 55 seconds West for a distance of 1171.28 feet to the southerly Right of
Way of Carpenter Road as described in a Warranty Deed recorded January 27, 1999 at
Reception No. 99007575 records of the said Clerk and Recorder;
Page 4 of 8
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
DESCRIPTION OF THE FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION
A tract of land located in Sections 15, 16, 17, 20, 21, and 22 all in Township 6 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, more
particularly described as follows;
Considering the north line of the northeast quarter of the said Section 21 as bearing
North 86 degrees 38 minutes 47 seconds West between a 3.25" Aluminum Cap
monument at the northeast comer of Section 21 and a 3.25" Aluminum Cap monument
at the north quarter comer of Section 21, based upon GPS observation and the City of
Fort Collins coordinate base, and with all bearings contained herein relative thereto;
Commencing at the said northeast corner of Section 21;
THENCE along the east line of the said northeast quarter of Section 21, South 00
degrees 29 minutes 35 seconds West for a distance of 57.23 feet to the south line of
that certain tract of land described in a Deed of Dedication recorded July 9, 1992 at
Reception NO. 92039354 records of the Clerk and Recorder of the said Larimer County,
and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said east line of the northeast quarter, South 00
degrees 29 minutes 35 seconds West for a distance of 0.28 feet to the existing south
right of way of Carpenter Road as dedicated by the Plat of Fossil Creek Farm M.L.D.
No. 00-S 1539;
THENCE along the said existing south right of way, North 89 degrees 41 minutes
04 seconds East for a distance of 59.91 feet (previously recorded as 60.00 feet) to the
west line of that certain tract of land as described in a Deed of Dedication recorded
August 13, 1992 at Reception No. 92049221 records of the said Clerk and Recorder;
THENCE along the said west line, South 00 degrees 35 minutes 27 seconds
West for a distance of 1.36 feet to the south line of the said tract described at Reception
No. 92049221;
THENCE along the said south line, along a non -tangent curve to the left having a
radius of 5790.00 feet a central angle of 01 degrees 10 minutes 55 seconds and an arc
length of 119.43 feet, being subtended by a chord of South 89 degrees 37 minutes 47
seconds East for a distance of 119.43 feet;
THENCE continuing along the said south line, North 89 degrees 46 minutes 48
seconds East for a distance of 1264.10 feet to the west line of the existing State
Highway (1-25) right of way;
THENCE along the said State Highway right of way the following three (3)
courses and distances, (1) North 81 degrees 14 minutes 44 seconds West for a
distance of 170.44 feet;
(2) North 00 degrees 08 minutes 51 seconds West for a distance of 35.53 feet;
Page 3 of 8
Q (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:
SEE LEGAL DESCRIPTION ON ATTACHMENT "A"
IN WITNESS WHEROF, I/we ave executed this Petition for Annexation this day
of
City of Fort Collins, Colorado
BY:
Dari eberry,
City Manager
Larimer County, Colorado
Glenn Gibson,
Chair of the Board of County Commissioners
300 / YKY-fe Ave - 20O Strut'
Address Address
Rrf 0 905Z1 _ 6rt all ns 00 g?OEZU
City State Zip City State Zip
•
SEAL
DATE ? __
&Oy7y C _
Page 2 of 8
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, to be referred to as
the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins. Said area,
consisting of approximately three hundred twenty-nine (329) 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 31-12-105, 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.
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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 POL - Public Open Lands Zone District pursuant to the
Land Use Code of the City of Fort Collins.
Page 1 of 8