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HomeMy WebLinkAboutJOHNSTON ANNEXATION & ZONING - 9-06 - REPORTS - PETITIONATTACHMENT"C" ATTORNEY CERTIFICATION I, an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of th s�ertificate, the signers of this Annexation Petition for the area referred to as the Johnston 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'Zl•0(0 � OZ Date Signature C5ttorney Reg. No. 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. Subscribed and sworn to before me this day of )J�a.r 2-0—OA, by t) —S WITNESS my hand and official seal. ///p t, /o ,�4 Commission Expiration PublicNotary J. NOTARY wee_ PUBLIC S ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, 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 EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00027'42" EAST, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE NORTH 00027,42'. EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89-32-18" WEST, 30.00 FEET TO THE EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 89032'18" WEST, 2512.75 FEET ALONG THE NORTH LINE 'OF LINDEN PARK SUBDIVISION TO THE EASTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD; THENCE NORTH 00002'42" EAST, 650.82 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE SOUTH 89°39'18" EAST, 2125.48 FEET ALONG SAID SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH 41°12'18" EAST, 67.00; 2) SOUTH 69°50'18" EAST, 286.00 FEET; 3) SOUTH 85°25'18" EAST, 78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO. 1 ANNEXATION AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH 00027'42" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. (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 T�/TNESS WHEROF, I/we have executed this Petition for Annexation this 2- day of .InaV- , 2006 Petit ner' wne�' -Signature �tuiU1�C�; Y �QX Z�ZSZ� �rrC.OIIII�s, Dh irTirTi,. (ol l l vi)Ylil.i f/1-IYn City State Zip Petitioner's/Owner's Signature Cc-) e( Address City State w 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 _ Johnston Annexation to the City of Fort Collins. Said area, consisting of approximately 36.82 acres, is more particularly described on Attachment "A," attached hereto. 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 31-12-108, 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 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 4-14N ,uM-45` Zone District pursuant to the Land Use Code of the City of Fort Collins.