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HomeMy WebLinkAboutMULBERRY EAST FIRST ANNEXATION - 12-04 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION I, in e 14i»,ea4 Dagge7%L 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 U ✓✓l/ F&4 ffr!S - Annexation to the City of Fort Collins are the owners of real propefiy 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. Date Signature Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) 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. Circulator Signature Subs ede�nd sworn to or me this day of by..�oli..dUU,lo,Lt /C WITNESS my hand and official seal. �O 'RY P� / L 90M!� ssio Expiration = GEORGiANA J. QEINES 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 SITUATE IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17 AS BEARING SOUTH 890 56' 35" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 17; THENCE, S 56° 03' 02" W 519.41 FEET TO THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED AT RECEPTION NUMBER 85037292; THENCE, S 850 37' 56" W 369.10 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF THE FRONTAGE ROAD WHICH ADJOINS EAST MULBERRY STREET (A.K.A. COLORADO HIGHWAY #14) TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUNING, S 85° 37' 56" W 402.28 FEET FOLLOWING ALONG SAID SOUTHERLY LINE OF THE FRONTAGE ROAD; THENCE, S 00° 40' 46" E 40.08 FEET; THENCE, N 850 37' 56" E 44.58 FEET; THENCE, S 000 40' 46" E 128.78 FEET; THENCE, TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST 214.86 FEET, WITH A RADIUS OF 699.50 FEET, A CENTRAL ANGLE OF 17° 35- 57" AND A CHORD WHICH BEARS S 150 37' 48" W 214.02 FEET, THENCE, S 000 11' 26" W 29.20 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE RIVERBEND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 85° 37' 56" E 200.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY FOR A FIFYY FOOT ROAD DESCRIBED IN BOOK 1286 PAGE 457; THENCE, S 00' 11' 26" W 419.93 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE RIVERBEND THIRD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 850 48' 34" E 50.00 FEET ALONG SAID NORTHERLY LINE AND TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID FIFTY FOOT ROAD; THENCE, N 000 11' 26" E 358.60 FEET ALONG SAID EASTERLY LINE, THENCE, TO THE POINT OF A CURVE CONCAVE TO THE SOUTHEAST 22.36 FEET, WITH A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 850 25' 37" AND A CHORD WHICH BEARS N 420 54' 41" W 20.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF COUNTRYSIDE DRIVE; THENCE, N 850 37' 56" E 143.40 FEET ALONG SAID LINE; THENCE, N 00° 11' 26" E 51.16 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTRY SIDE DRIVE; THENCE, S 85° 37' 56" W 157.25 FEET; THENCE, N 00' 11' 26" E 52.59 FEET; THENCE, N 18` 26' 32" E 134.30 FEET; THENCE, TO THE POINT OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST 130.80 FEET, WITH A RADIUS OF 937.50 FEET, A CENTRAL ANGLE OF 070 59' 39" AND A CHORD WHICH BEARS N 030 19' 03" E 130.69 FEET; THENCE, N 000 40' 46" E 53.08 FEET; THENCE, N 850 37' 56" E 116.78 FEET; THENCE, N 040 22' 04" E 40.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 3.036 ACRES MORE OR LESS. ❑ (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 Petitionerssigning 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'." SEE LEGAL DESCRIPTION ON ATTACHMENT "A" IN WITNESS WHEROF, I/we have executed this Petition for Annexation this day of ,2 Petitio is/Owner's Signature John F. Fischbach, City Manager Petitioner's/Owner's Signature P.O. Box 580 Address Address Ft. Collins, CO 80522 City State Zip City State Zip PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Colli s, Colorado for the annexation of an are, to be referred to as the �IAnnexation to the City of Fort Collins. Said area, consisting of apb)oximately Wee,,wA-6wNAu(3, 54) 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 31-12-108, 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 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✓-- Lomw.csc.� Zone District pursuant to the Land Use Code of the City of Fort Collins.