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HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - 27-09 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONSTATE 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. Subscr�ed and sworn to before me this �Z day of ! 2 003, by(� .S17iYLe WITNESS my hand and official seal. Q-&2"Uq Commission Expiration Notary P is revised 3131108 04/10/20099:49:39 APB( �CiICCL —j - Attached Legal Description Commitment No.: 272-HO237995-036-RR1 A Tractof land located in the Northwest Quarter of Section 3, Township, 6 North; Range 68 West of the 61h P.M., County of Larimer, State of Colorado, being more.particularly. described as follows: Commencing at the Northwest corner of said Section 3, said point being marked by a 3 '/4 "Aluminum cap in monument box, illegible; and; considering the North line of the Northwest Quarter of said Section 3 :to have,an assumed -hearing of S89°29':55" E,. (East aid of said line marked by a 3 A "Aluminum Cap on a Y4 " Pipe; LC 24307), with all other bearings relative thereto; - Thence along the North line of the Northwest Quarter of said Section 3,:S 8902955"E, 30.02 feel; Thence S O1944'25" $, 50.86 feet to a point on the Southerly right of way line of Colorado State Highway No.,68 (Harmony Road), as shown on the Deed recorded June 12, 1998 atReception No. 98049108; Thence along said Right of Way line the following Three (3) courses: 1. S 89047"25" E, 670.8'1 feet;. 2. S :99&18'55" E, 245.96 feet;. 3.S 84057'34" E, 63.15. feet:to the Point of Beginning;. Thencecontinuing along sai&Rightof Way line„S 84a57'34'" E,:23.26'feet;, Thencecontinuing along said itight:of'Way line; 125-67 feet aloog'the arc of a nor tangent curve to the left having a radius. of 92.871eet, a central angle of 77031'5:9", and a chord which Bears S 4 V632'24 E;1 k6.3tO feet; Thehce.S00°30'05" W, 626_15 feet; Tliepc , . 89°29155" W, 5.7:83 feet;. Thence NOO°33'36"W, 714.48 feet to the Point of Beginning, Colony of Larimer, State: of Colorado. 04/10/2009 10:47:51 AM _4r'kCeL (. ', Attached Legal Description Commitment No.: 2727H0237993-034-RRI A tract of land situated in the Northwest Quarter of Section 3, Township 6 North, Range 68 West of the 6h P.M., beffig more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 3 as bearing South 85626? Eastland with_ all bearings contained herein relative -thereto-, Commencing at the Northwest comer ofsaid. Secti . on 3, thence South .890161 East and alongthe said North line 1515.83 feet, thence South 00'34' West 48.56 feet -to the South Right of Way line of Colorado Highway. 68 and the True Point of Beginning, thence continuing 900'Q34' West 226.44feet, m thence North 8V26' West 158 feet, thence North 00034' East 241.89 feet to the South line of said Highway.right- orf-wayjh6nre South 83'51' East and, along said Right -of -Way 158:75 feet to the True Point of Beginning, County.of Larimer, State of Colorado. RECEPTION$: 20080035634, 06/04/2008 at 02:13:68 PM, 2 OF 2, Scott Doyle, Larimer County, CO EXHIBIT A PARCELJi A TRACT OP LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OFTHE CM P.M., COUNTY OF LARIMER. STATE OF COLORAD04 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; SAID POINT BEING MARRED BY A J II4" ALUMINUM CAP IN MONUMENT BOX, ILLEGIBLE; AND CONSIDERING THE NORTH LINE OF THE NORTHWEST OUARTEB OR SAIDSECIION 3 TO HAV E ANASSUMED BEARING OF S 89029.55' E.(EAST END OF SAID LINE IS MARKED BY A 3 IN" ALUMINUM CAPON A 3M" PIPE. LS 24307). WITH ALL OTHER BEARINGS HELATIYETHCRETO; THENCE ALONG THE NORTH LINE.OFTIIE NORTIIWFSFOUARTER OF SAID SECTION 3, S 89029'S5" E. J0:02 FELT; THENCE S OIoW'75!' E, 50.86 FEET TO A POINT ONTHE SOUTHERLY RIGHT OFWAY LINE OF COLORADO STATE HIGHWAY NO.69 HARMONY ROAD). AS SHOWN ON THE DEED RECORDED AT RECEPTION NO. 98049109; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE (3) COURSES: 1. S 69a4713" E, 67091 FEET, 3. S 89olV55" Z.74536 FEET; 3. S 846730' 1.. 63.15 FEET1 THENCE5OOo33']6 &714.16I!EET; T18ENCES.89o29'W'E(87.83FEETTOTHEPOINT'OF BEGINNING; .THENCE CONTINUING S 895.19'55" E, 1,248.50 FEET TO A POINT ON THE EXISTING WESTERLY RIGHTOF WAY LINE OF INTERSTATE 25; .THENCE ALONG SAID WESTERLY :NIGHT OF WAY LINE, S44015'59".E,54AB FEET; THENCE N 8929SSW; I133 FE,Ef E4FETT1 THENCE N OQVOS"- 4YOT. HEPOINTOFFBEGINNINO. 14mn.1126 111Ot11 ,hibitalhrc a T11 LF_NQ.NBE110 aSERiALNUMBER. Pn.1 or] o4ror2009 4:51:22 PM ?Pr,k c- t. y'. Attached Legal Description Commitment No.: 276-HO236629.036-RRI That portion of the NW Vi of Section 3, Township 6 North, Range 68 West:of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows: r/ Considering the North line of the said NW %. as bearing S 89'23'00" E and all bearings contained herein relative thereto. Beginning at the NW comer of said Section 3; thence. along the West line of said -NW ''/<.S 0I971l' E 31.00 feet to the South.right of way line of Colorado Highway No. 68; thence along said South right of way nine the following 3 courses and distances: 1. S,89°40'30" E 701.60feet 2. S 89°12'0V E-246.00 feet; .3. S S9-'26'00" E 164.00 feet to the true point of beginning; thence <S:00017'00 W .1455.25 feet; thence S 89°23'00" E1323,25 feet to the. West :right of way.ofl45, :thence along the"West and South rights of way lines of 1-25 and Colorado Hrghway No. 68, the folloaving 4 dodrm.and distances: 1. 14 0.1055'40" W 613.34 feet; 2':. N1.`°12't5" W 859.53"feet; 3. N 89929'33." W 295.97 feet; 4. N 86' 12'38'' W 52.20 feet to the East line of that certain parcel 'of and described in. Book .1452 at Page 645,records of said County; Tlnencealong. the: East, South and West lines.of said Parcel S 00'37'00 W 209.70.feet, N 89'23 TO` W 200.06 feet, N 00'37'00" E 5:00 feet to the Easterly prolongation of the iSoutherly line .of that certain parcel of land described in Deedxeeorded in Book.1441 at Page 226, records of said County; thence along said ,prolongation and said 5outh.lme N 89023'00" W 183.40 feet to the West line of said parcel; thence along said West line N 000371007' E 243.33 feet to the South right of way line of Colorado Highway No. 68:; thence along the South right of way line the following 3 courses and distances: 1. N 83051'00" W 29.17 feet; 2. N 88°28'45" W 60.00 feet; 3. N 89026'00" W 156.00 feet to the true point of beginning, County of Larimer, State of Colorado. Except for that portion conveyed to the Department of Transportation State of Colorado in Special Warranty Deed recorded October 27, 2008 at Reception No. 20080067318, And except for that portion conveyed Jay D. Stoner in Special Warranty Deed recorded June 4, 2008 at Reception No. 20080035633, And except for that portion conveyed Jay D. Stoner in Special Warranty Deed recorded June 4, 2008 at Reception No. 20080035634, 04/17/2009 1:34:32 PM Commitment No.: 276-H0236625-036-RRI, Amendment No. t ?C,Q-CEL 3: , Attached Legal Description A Tract of land located in the Northwest Quarter of Section 3, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado; being more particularly described as follows: Commencing at the Northwest corner of said Section 3, said point being marked by a 3 %4 " Aluminum Cap in Monument Box, Illegible; and considering the North line of the Northwest Quarter of said Section 3 to have an assumed bearing of S89°29'55"E (East End of said line is marked by a 3 %4 " Aluminum Cap on a 3/4 " pipe, LS 24307), with all other bearings relative thereto: Thence along the North line of the Northwest Quarter of said Section 3, S 89029'55" E, 30.02 feet; Thence S0I*44'25"E, 50.86 feet to a point on the Southerly right of way line of Colorado State Highway No. 68 (Harmony Road), as shown on the Deed recorded at Reception No. 98049108; Thence along said right of way line the following three (3) courses: 1. S89°47'25"E, 670.81 feet; 2. S89018'55"E, 245.96 feet; 3. S84057'34"E, 63.15 feet; V Thence S00°33'36"E, 714.48 feet; Thence S 89°29.'55" E, 87.83 feet; Thence S00030'05"W, 49.47 feet to the Point of Beginning; Thence S89029'55" E, 1,271.33 feet to a point on the existing Westerly right of way line of Interstate 25; Thence along said Westerly right of way line the following two (2) courses: 1. S24015'59"E, 58.97 feet; 2. S02002'35"E, 613.34 feet; Thence N89°29'55"W, 1323.26 feet; Thence N00°30'05"E, 666.28 feet to the Point of Beginning, County of Larimer, State of Colorado. Except for that portion conveyed to the Department of Transportation State of Colorado, in Special Warranty _ Deed recorded June 12, 1998. at Reception No. 98049111, and rerecorded October 27, 2008 at Reception No. 20080067318. 04109/2009 4:19:45 PM &A Ce-L Z `. Attached Legal Description Commitment No.: M-H0236623-036-RRI That portion of the Northwest Quarter of Section 3, Township 6 North,.Range 68 West of the_6`" P.M.,,Larimer County; Colorado being more particularly described as follows: Considering the North line of the said Northwest Quarter as bearing South 89'23' East and with all bearings contained herein relative thereto: Beginning at the Northwest comer of said Section 3, thence along: the West line of said Northwest Quarter South 01037'31" East 31 feet to the South line of the Right,of Way of Colorado Highway-#68 and. the True Point of Beginning; thence along said South line of said Right of Way the following courses and. distances; South 89040'30" East 701.60 feet; South 89°12' .East 246.00 feet; South 89°26' East 164.00 feet; thence South 03*37' West 1455.25 feet; thence.South 89*23' East 1323.25 feet to the Westerly line of the Right of Way of U.S. $rterstate 1-25; thence along said Westerly Right of Way dine South 01 0.55'40" East 1172.05 feet to the South line of the Northwesr.Quaiter of said Section 3; thence along said South line :North .-89°13'49" West .2384.43 ,feet to .the West V4 comer of said Section; thence along the West of said Section North 01°37'31" West 2618.85 feet to the True Point of Beginning,, County of Larimer, State of Colorado, Also, beginning at the West '4 comer of said Section 3, thehce S .89°.13'49" East 23.84.43 feet tothe West line.of Interstate 1-25; thence SO1'55'40" East:61.00 feet more :or less to existing fence line; thence N .87'46' West ?64G.00 feet nnore or less to:.said West %4 comer, the Point of Beginning; Less that portion conveyed. to the State ofColorado Department of Transportation in. Deed recorded .June 12, 19.9.8 at Reception No. 98049108, County ofLarimer, State of Colorado. Except for that portion conveyed to Serfer Land Venntures, LLC, a Colorado limited liability company.in Special Warranty Deed recorded June :4, 20.08 at Reception No. 20080035631. U'2312009 8:22:23 AM Commitment No : 276-140236619-036-RRI, Amendment No. 1 Attached Legal Description Parcel: j A parcel of land situate in the southwest quarter of Section.3, Township 6 North, Range 68 West of the 6" P.M., County of Larimer, State of Colorado; Being the same tract of land as described in the Warranty Deed recorded August 29, 2005 at Reception No. 2005-0072387, andbeing more particularly described as follows: Beginning at the West Quarter corner of said Section 3, and considering the West line of the Northwest Quarter Of said Section 3 to have an assumed bearing of N 01'44' 18" W .(North End of said line being marked by an illegible 3-1/4" Aluminum Cap in Monument Box, and South End of said line being marked by a 2-1/2' Aluminum Cap Stamped LS 33193 in Monument.Box); with all other bearings relative thereto; thence S87'52' 1.2" E, 2,388.22, feet to a point on the Westerly right of way line of Interstate 25; thence al.ongsaid right of way line the following four (4) courses; 1. S02002'35 E; 2,339.03 feet; 2. 135.78 feet along the arc of anon -tangent curve to the right, having a radius of 11,295.00 feet, a central angle of 00'4.1 '19", anda chord which bears S 01'43' 14" E, 135.77 feet; 3. Thence S 84'55'54" W, 574.5.6 feet-, 4. Thence S 00'55'24" W, 30.00 feet to a point:on the South line of the Southwest Quarter of said. Section 3; Thence along the South line, N 89'04'36" W, 1,274.18 feet; Thence N 09' 16'32" W, 324.41 feet; Thence NO 1'4632" W, 289.41 feet; Thence.N 32'46'32" W,.144.50 feet; Thence N_23'39'02" W, 631.96 feet; Thence N 01n50'02"E, 208.47 feet; Thence.N 1.7013`48" W, 746.06 feet; Thence N,46'09'32" W, 10.66 feet to a point on the West line of the Southwest Quarter of said Section.3; Thence along said West line, N 01'49"14" W, 384.29 feet to the Point of Beginning, County. ofLarinier, State of Colorado. Riverwalk Annexation Petition Schedule of Property Owners and Legal Descriptions R• Parcel 1: (South Parcel) • Stoner and Company, a Colorado corporation Parcel 2: (North Parcel) • Jay D. Stoner • Marc -Andre Levesque • LLW, LLC, a Colorado limited liability company • Paul M. Mallette and Dawn M. Mallette • H25 LLC, a Colorado limited liability company • Entrust of Colorado, Inc., f/b/o Dick Jerrfies, IRA Account #06101528 • Alfred J. Shilling • Jerald J. Devlin • Fatemeh Imami • Rouzbeh Jazayeri • Debra Roser • Robert L. Buderus • Wisciowa, LLC, a Colorado limited liability company Parcels 3 and 5: • Jay D. Stoner Parcels 4.6 and 7 : (Harmony Gardens) • SerFer Land Ventures, LLC, a Colorado limited Liability Rights of Way: (additional property owners) • Larimer County • City of Fort Collins • Mountain Life Church • Dale Wayne Brown 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00-41'19", AND A CHORD WHICH BEARS S 01043'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1. S 84055'54" W, 574.58 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2) COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89-04'36" W, 100.00 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 09016'32" W, 283.78 FEET; THENCE N 01 046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO.20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS, N 01°49'14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, N 01044'18" W, 2598.32 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 265.650 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL RIGHT OF WAY AND EASEMENTS OF RECORD OR NOW EXISTING. Attachment A Riverwalk Annexation Petition Overall Legal Description A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01044'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE (9) COURSES: 1. S 89047'25" E, 670.82 FEET; 2. S 89018'55" E, 245.96 FEET; 3. S 84057'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128°43'21", AND A CHORD BEARING S 67008-05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6. ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS OF 32.81 FEET, A CENTRAL ANGLE OF 24°18'57", AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7. N 72049'06" E, 56.60 FEET; 8. S 83057'55" E, 29.18 FEET; 9. S 83044'43" E, 158.80 FEET; THENCE ALONG THE WESTERLY, SOUTHERLY, AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE (5) COURSES: 1. S 00030'05" W, 227.41 FEET; 2. S 89029'55" E, 25.40 FEET; 3. S 00030'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00030'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25, THE FOLLOWING FIVE (5) COURSES: 1. S 89036'28" E, 265.38 FEET; 2. S 56056'01" E, 82.86 FEET; 3. S 24015'59" E, 793.35 FEET; 4. S 02002'35" E, 4185.48 FEET; Riverwalk Annexation Petition Continuation Sheet -- Petitioner's/Owner's Signatures • Marc -Andre Levesque • LLW, LLC, a Colorado limited liability company • Paul M. Mallette and Dawn M. Mallette • H25 LLC, a Colorado limited liability company • Entrust of Colorado, Inc., f/b/o Dick Jerrfies, IRA Account #06101528 • Alfred J. Shilling • Jerald J. Devlin • Fatemeh Imami • Rouzbeh Jazayeri • Debra Roser • Robert L. Buderus • Wisciowa, LLC, a Colorado limited liability company • SerFer Land Ventures, LLC, a Colorado limited liability and Stoner and Company, a Colorado corporation 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'." SCE LEGAL DE SCR i P Tt o NS o\A ATrRc H MEN r p IN WITNESS WHEROF, I/we have executed this Petition for Annexation this day of :1 L , 2 00 . Signature A - Address Address City State Zip Petitioner's/Owner's Signature Address City JAY D. S7a/✓6R Fog 14 1 M S6C (= Y- N p ON tDc"T FIC0 av T NE COwrlNOAT ON State 6e(ML F OF 7f/C QHuur RrrACHCD. Zip oW/VGIZ$ revised 3131108 �t 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 R i VEK W1J L K Annexation to the City of Fort Collins. Said area, consisting of approximatelyT 0u,dSr Jp4 (.eacres, is more particularly described on Attachment "A," attached hereto. I I 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., 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 describe\d on Attachment "A." Furthermore, the Petitioners request that said area ' be placed in the' (gAws%riow) Zone District pursuant to the Land Use Code of the City of Fort Collins. revised 3131108