HomeMy WebLinkAboutMULBERRY EAST 2ND ANNEXATION & ZONING - 16-04 - CORRESPONDENCE - ANNEXATION DOCUMENTS (5)May-15-03 02:33P P.03
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Attachment "A"
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION AGREEMENT
A tract of land situate in the Southwest 114 of Section 10, Township 7 North, Range 68 West of
the 6th P.M., Latimer County, Colorado, which considering the South line ofthe said Southwest
1/4 as bearing S 89" 15' 00" E and with -all bearings contained herein relative thereto is contained
within the boundary lines which begin at a point which bears S 390 15' 00" E 1427.40 feet and
again N 00° 45' 00" E 30.90 feet and again N 69° 15' 44" W 94.71 feet and again N 000 45' 40" E
1460.50 feet from the Southwest corner of said Section 10 and run thence N 00' 45' 40" E
1065.73 feet to a point on the South line of the Burlington Northern Raihood; thence along the
South lime of the said railroad, S 88' 54' 32" E 983.85 feet; thence S 00° 15' 25" W 295.18 feet;
thence S 88' 54' 31" E 295.18 feet to a point on the Last line of tine said Southwest I/4; thane
S 000 15' 25" W 753.43 feet along the said East line; thence N 89° 40' 29" W 1289.27 feet to the
point of beginning, containing 29.1521 acres more or less_
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4. That, if any section, sections or provisions of this agreement is declared
invalid for any reason whatsoever by any competent court, such invalidity shall not affect any
other sections or provisions of this agreement if they can be given effect without the invalid
section, sections or provisions.
5. That the following grammatical rules shall apply to this agreement: any
gender includes the other genders; the singular number includes the plural and rice versa; words
used in the present terse include the past and future tenses and vice versa, unless manifestly
inapplicable; and the words shall be constructed according to context and approved usage of
language.
IN 'P MESS W[IERWF the applicant has hereunto set his hand and seal
this 1st day of October 19Lh
OWNER
OWNER
Wrr'NMS my hand and official seal.
My eomnvSSion expires necember 25, 1997
l4artie Rayha
Notary Public
October 1, 1996
Date
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ANNEXATION AGREEMENT
TO TIIE CITY OF FORT COLLINS, COLORADO:
The undersigned owner (hereinafter referred to as "OWNER') of property, more
particularly described on Attachment'"A", attached hereto, has filed as applic;t cr- with Lae::, c
County, for the purpose of securing development approval from Larimer County, unties the terms
of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN
GROWTH AREA between Larimcr County and the City of Fort Collins (hereinafter referred to
as "CITY"). It is expressly understood and agreed by the undersigned OWNER d" if
granted, the development approval shall be in consideration of and upon the following terms and
conditions, to -wit:
1. If the property shall ever be included within the boundaries of a territory
which is sought to be annexed to the CCTV itself, then and in that event, the undersigned
OWNER specifically agrees to consent to and join in the annexation of such territory by the
CITY: and that the undersigned OWNER will comply with all of the legal requirements and
conditions pertaining to the annexation of territory to the CITY, including the payment of fees
normally collected at the time of annexation, subdivision approval, building permit application
or issuance and certificate of occupancy issuance. It is understood by the undersigned OWNER
that the prirr*ry:co'dsfde&tioq' dt'gt�t ttg' f development approval accorr ing to the terms of
the I TTERGOyh. `RNMENfAI, AGRHENIEl!, r FOR THE TORT COLLINS URBAN GROWTH
AREA is ttu-undersigned and the promise to consent to the annexation of
said territo y.to tlic C1TY,`ce® WalAdi4111iremcuts and conditions as aforesaid and sign all
petitions adMigp pertaining o.
2. That all tams and conditions herein set forth shall extend to and be binding
upon the heirs, assigns or successors in interest of the undersigned OWNER, and be considered
as a covenant running with the land described in Attachment "A". Further. it is agreed that, in
accepting title to the property described in Attachment "A", or any pan thereof, any grantee, heir,
assignee or successor in interest to the undersigned OWNER expressly agrees to be bound by the
terms hereof, including, but not limited to, the purposes set forth in Paragraph one above.
3. That this agreement shall be recordeJ pursuant to the provisions of
Colorado Statutes; and that the CITY may undertake any action legally available to enforce the
provisions hereof. In the event the CITY is required to undertake any action to enforce the terms
hereof, the undersigned OWNER and his heirs, successors and assigns agree that the CITY may
recover from the owner of said property its reasonable expenses, including attorney fees, incurred
with respect to such action.
Post -it, Fax Note
7671
Date
1 >
Dages► %
To
From
Co./Dept
Co.
Phone a
Phone a
Fax #
Fax 0
I have been advised by Cameron Gloss, Current Planning Director for the City, that the owner would
be willing to execute such a petition for annexation but, in consideration for the submittal of such a
petition to the City, you would require that the City promise that it will not exercise its rights to
require the annexation of the mobile home park under that certain Annexation Agreement dated
October 1, 1996, a copy of which is attached to this letter. You are also asking that the City, in
consideration of the submission of the annexation petition, promise not to exercise such rights as it
may have under a new annexation agreement which I understand you are presently negotiating with
Larimer County pertaining to a new addition to the Cloverleaf Mobile Home Park just to the east of
its present location. I am sorry that I cannot attach a copy of that annexation agreement since it has
not yet been executed but I can, on behalf of the City, assure you that the City is willing, and by this
letter does hereby waive its rights to require annexation of the CloverleafMobile Home Park pursuant
to either of the above -mentioned annexation agreements.
Given the assurances of the City as contained in this letter, the City has delivered to your consultant,
Jim Sell Design, a Petition for Annexation for the strip of land described above. Please execute and
return the same to Troy Jones, City Planner, at your earliest convenience. Again, I want to thank you
for your cooperation in this matter.
Sincerely/
aul Eckman
Deputy City Attorney
WPE:pec
Enclosure
cc: Troy Jones, City Planner
Cameron Gloss, Director of Current Planning
City Attorney
City of Fort Collins
July 16, 2003
Mr. Alex Boggs
Tower Management Company
80 South Lake Avenue
Suite 719
Pasadena, CA 91101
Re: Annexation/City of Fort Collins/Estoppel Letter
Dear Mr. Boggs:
I understand that Boggs Kurlander Steele, LLC, of which you are a member or manager, is the owner
of the Cloverleaf Mobile Home Park which is located just east of Interstate Highway 25 and north of
Colorado Highway 14 in Larimer County, Colorado. As you know, the City of Fort Collins is trying
to find a way to encourage the owner to petition for the annexation into the City of a strip of land
described as follows:
CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 10,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS
BEARING S 890 15' 00" E WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10; THENCE, S 89' 15'
00" E 1427.40 FEET; THENCE, N 00' 45' 00" E 30.90 FEET: THENCE, N 69' 15' 44" W 68.11
FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST MULBERRY
STREET (A.K.A. COLORADO HIGHWAY 14) TO THE TRUE POINT OF BEGINNING FOR
THIS DESCRIPTION; CONTINUING, N 69' 15' 44" W 26.60 FEET ON AND ALONG SAID
RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE
PROPERTY DESCRIBED AT BOOK 1890 PAGE 844, ALSO BEING THE LOCATION FOR
THE CLOVERLEAF MOBILE HOME PARK; THENCE, N 00° 45' 33" E 2522.74 FEET ON
AND ALONG SAID WESTERLY LINE TO A POINT OF INTERSECTION WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE RAILROAD PROPERTY DESCRIBED AT
BOOK 245, PAGE 80, AS A GRANT TO THE FORT COLLINS DEVELOPMENT RAILWAY
COMPANY; THENCE, S 89° 02' 27" E 1269.04 FEET ON AND ALONG SAID SOUTHERLY
LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 10; THENCE, S 00' 02' 07" W 10.00 FEET ON AND ALONG
SAID EASTERLY LINE; THENCE, N 89° 02' 27" W 1244.16 FEET; THENCE, S 00° 45' 33" W
2521.75 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 1.736 ACRES MORE OR LESS.
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327