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HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - 27-09 - REPORTS - 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. Subscri ed and sworn to before me this �ZV day of ►'I�n , 2 UU67, by� 517iYZ e 2 WITNESS my hand and official seal. �-&Z oq Commission Expiration Notary P is revised 3131108 04/10/20099:49:39 AM PC<1CCL —I- Attached Legal Description Commitment No.: 272-HO237995-036-RR] A Tractof land located in the Northwest Quarter of Section 3, Township. 6 North; Range 68 West of the 60' P.M.., County of Larimer, State of Colorado, being inore.particularly described as follows: Commencing at the Northwest corner of said Section 3, said point being marked by a 3 '/4 " AJuminum 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 marked by a 3 %4 "Aluminum Cap on a'/4 ` Pipe; LC 24307), withal] other bearings relative thereto; Thence along the North line of the Northwest Quarter of said Section 3,: S 8929'55" E, 30.02 feel; Thence S 01 °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 June 12, 1998 atReception No. 950491.08; Thence along said Right of Way line the.following Three (3) courses: 1. S 89047'25" E, 670.91 feet;. 2. S 9VI 8'55" E, 245:96 feet;. 3. S 84057'34" E, 63.15. feet:to the Point of Beginning;.. Thencecontinuing along sai&Right of Way line„ S 84'57'34" E,23.26 feet; Thence continuing along sai&Right,of Way line; 125,67 feet a.loitg'tlte arc of a nori tat,gent curve to the left having a radius of 92;87.feet, a central angle of77°31'59", and a chord which Bears 941632'24" E;116.30 feet; Thence-S 00030'05" W, 626_15 feet; ThenctN99'29'55" W, 8.7.83 feet;. Tlience N00°33'36 W, 714.48 feet to the Point of Beginning, County of Larimer, State: of Colorado. 04/10/2009 10:47:51 AM Attached Legal Descriptio n* Commitment No.: 272-H0237993-036-RRI A tract of land situated in the Nbrthwest Quarter of Section 3, Township 6 North, Range 68 West of the 6" P.M., being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 3 as hearing South 89026.'East: and with all be4nilgs contained herein relative thereto; Commencing at the Northwest comer ofsaid Secti on 3, thence South 89'16' 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 andthe True Point of Beginning, thence continuing S , 00'34' West 226.44 feet, thence North 89P26' West 15.8 feet, thence North 00'34' East 241.89 feet to the South line of said ffighwayright- of-waY, thence South 830511 East and along said Right -of -Way 158.75 feet to the True Point of Beginning, County.of Larimer, State of Colorado. RECEPTIONS: 20080035634, 06/04/2008 at 02:13:08 PM, 2 OF 2, Scott Doyle, Larimer County, CO 0 -EXH IBI'T A PARCRL9i A TRACT OP LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE GB WEST OF TIHI M P.M, COUNTY OF LARIMER. STATE OF COLORADO; BEING MORL PARTICULARLY DESCRIBED As FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; SAID POINT BEING MARKED BY A 3 1,14" ALUMINUM CAP W MONUMENT BOX, ILLEGIBLE; AND CONSIDERING T'HENORTH LINE OFTHE NORTH WEST QUARTER OP SAID SECTION 3 TO HAVE ANASSUMED BEARING OF S 8902913" E (EAST END OFSATD LINE IS MARKED BY A 3 Ip" ALUMINUM CAPON A 3I4"PIPE, IS 243n. WITH ALLOTRER BEARINGS RELATIVE THERETO; TIIMCE ALONG THE NORTH LINE.OPTIIE NORTHWFSTQUARTER OF SAID SECTION 3. S 89o29'55" L 30.02 FELT; THENCE SOlo441S" E,51L56 FEET TO A POINT ONTHE SOUTHERLY RIGHT OF WAY LINE [IF COLORADO: STATE HIGHWAY NO.63 (HARMONY ROAD). AS SHOWN ON THB DEED RECORDED AT RECEPTION NO. 98049108;'THENCE ALONG SAID RIGHT OF WAY LINE THE -FOLLOWING THREE (3) COURSES: 1. S Me4735^ E, 670.81 FEET; L S 89o18'57" E, W.96 FEET; 3. S 846T34." E.63.15 FEETI THENCESDOo33'36 F'714.48PEET; THENCE 8.89a29'5S'-E,$7.93 FEET TO THR POINT'OF BEGINNING: .THENCE CONTINUING 6 89039'55" E, 1,'i48.50 FEETTO A POINT ON THE EXISTING WFSTERLYRIGHTOF WAY LINE OF INTERSTATE A THENCE ALONG SAID WESTERLY RIGHTOFWAY LINE. 4240115'59'.0 54AS FEET; THLVCEN89629 SS" W 1a7133 FEET- THENCE N 0001005 E,49:4TFEET TO THE POINT OF BEGINNING. ki a.1126 I I^_M14 ,hibiw1 d v « 1'11LE_NI'.NBER++ SERIAL -NUMBER. Pc l or] "012009 431:22 PM' Attached Legal Description Commitment No.: 276-HO236629-036-RRI That portion of the NW 'A of. Section 3, Township 6 North, Range 68 West:of the e P.M., County of Larimer, State of Colorado, being more particularly described as follows: r/ Considering the North line of the said NW %4 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 '/a. S OI°3T31" E 3 LOD feet to the South. right of way line of Colorado Highway No. 68; thence along said South right of way linethe following 3 courses and distances: 1. S 89°40'30" E 701.60 feet; 2. S 89°12'00'-' E-246.00 feet; 3. S' S9°26'00'' E 164.00 feet to the true point of beginning; thence S; 00'I1 V00" W 1455.25 feet; themes 89°23'00" E' 1323.25 feel. ioahe. West right of w.ay of I=25 thence along the"West and South rights of way lines of 1-25 and Colorado ffighway No. 681 the folloiing 4 coursea:and distances: 1. .N 01055'40" W 613.,34. feet; 2.. N2t01215"W859.53'€eet; 3. N 89°291'33" W 295.97 feet; 4. N 86612'38." W 52.20 feet to the East line of that certain parcel of land described: in. Book .1452 at Page 645,records of said County; Tlience along the East, South and West lines.of said Parcel S 0003T00 W 209.701eet, N 89023°00" W 200.06 feet, N 00'37'00" E .5.D0 feet to the Easterly prolongation of the Southerly line of that certain parcel of land described in Deed reeorded in Book.1441 at Page 226, records of said. County; thence along said ,prolongation and said 5outh4hie N 89°43'00" W 183.40 feet to the West line of said parcel; thence along said West line N 00037'00" 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 88028'45" 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. 1 Attached Legal Description A Tract of land located in the Northwest Quarter of Section 3, Township 6 North, Range 68 West of the 6'h 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 S89029'55"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 89°29'55" E, 30.02 feet; Thence 501'44'25"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. S89°18'55"E, 245.96 feet; 3. S84057'34"E, 63.15 feet; t/ Thence S00°33'36"E, 714.48 feet; Thence S 89029'55" E, 87.83 feet; Thence S00°30'05"W, 49.47 feet to the Point of Beginning; Thence S89°29'55" 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. 524915'59"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. 04/09/2009 4:19:45 PM GaRCE.L Z•. Attached Legal Description Commitment No.: 276-H0236623-036-RRI That portion of. the Northwest Quarter of Section 3, Township 6 North, Range 68 West of the:61^ 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 i#68 and. the True Point of Beginning-, thence along said South line of said Right of Way the following3 courses and. distances; South 89°40'30" East 701.60 feet; South 89°1.2' East 246.00 feet; South 89626' East 164.00 feet; thence South:03137' West 1455.25 feet thence.Soirth 89°23' East 1323.25 feet to the Westerly line of the Right of Way of U.S. Interstate 1-25; thence along said Westefy Right of Way line South 010.55'40" East 1172.05 feet to the South line of the .Northwest.Quaiter of said Section 3; thence along said South line :North .-89*13'49" West.2384.43 •feet to the West %. comer of said Section; thence along the West of said Section North 01037'31" West 2618.8 feet - to the True Point of $eginning,- County of Larimer, State of Colorado, Also, .begimtir g aUthe West 1,44comer of said Section 3, thence S .S9°-13'49" East 23.84.43:feet to•the West line,.of Interstate 1-25; thence S01055'40" East.61.00 feet more.or less to existing fence line, thence N'87°46' West 2.646.00 feet more or less to:'said West % comer, the Point of Beginning; Less that portion conveyed. to the State of Colorado Department of Transportation in. Deed recorded June 12; 1998 at Reception No. 98049'108, CountyofLatimer, State of Colorado. Except for that portion conveyed -to Serfer Land Ventures, LLC, a Colorado limited liability company=in Special Warranty Deed recorded June 4, 2008 at Reception No. 20080035631. 04/23/2009 8:22 23 AM Commitment Na: 276-HO236619-036-RR I, Amendment No. r 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 60' P.M., County of Laritner, State of Colorado; Being the same tract of land as described in the Warranty Deed recorded August 29, 2005 at Reception No. 2005-0072387,.and. being more particularly described as follows: Beginning at the West Quarter corner of said Section 3, and considering the West line of the Northwest Quarter ofsaid 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)i with all other bearings relative thereto; thence S87n52' 1.2" E, 2,388.22. feet to a point on the Westerly right of way line of Interstate 25; thence alongsaid right of way line the following four (4) courses; 1. S02-02'35".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", and' a chord which bears S 01.43' 14" E, 135:77 feet; 3. Thence S 84°5554" W, 574.5.6 feet; 4. Thence S'00655'24" 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 09n16'32" W, 3.24.41 feet; Thence N 01046'33" W, 289.41 feet; Thence.N 3.2'46'32" W,.144:50 feet; Thence Ni 23039'02" W, 631.96 feet; Thence N 01n50'02"`E, 208.47 feet; Tbence.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 0 1149'14" W, 384.29 feet to the Point of Beginning, County. ofLarimer, State of Colorado. Riverwalk Annexation Petition Schedule of Property Owners and Legal Descriptions 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 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 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 89004'36" W, 100.00 FEET; 2. S 00°55'24" 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 01046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 °50'02" 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 89°18'55" 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 128043'21", AND A CHORD BEARING S 67-08-05" 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 89-29'55" 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 r3( - (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 W." SEC LEGAL DC-SC61PTioNS oN NTCACMMENT "A1, IN WITNESS WHEROF, I/we have executed this Petition for Annexation this day of 6L , 200 . Signature -X- i Address City State Zip JAY D. S70N64 , �gE^'Tirlc� oN Petitioner's/Owner's Signature Address City Fop, NiMsELF A1J0 State ON 8EHAL F OF Zip 7KE owrvcks THE CONTINOAT ON CHUUr- RrrACHeO, revised 3131108 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 1\IEK W4 L K Annexation to the City of Fort Collins. Said area, consisting of approximatelyT&,,r Nu. do.$S ( 66 ) 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., 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 T (gAwsiTi ow) Zone District pursuant to the Land Use Code of the City of Fort Collins. revised 3/31/08