HomeMy WebLinkAboutWATERDALE ANNEXATION & ZONING - 27-05 - CORRESPONDENCE - LEGAL DOCUMENTSpermits on the Imago Property (as defined in the Imago Agreement) until such
release of easement and restoration of Owner's property is satisfactorily
completed.
9. Owner had previously executed a draft of a Special Power of Attorney
for Annexation -a Uat@L^- 262005 The parties agree that said Qet bey 26
2805-document shall be of no force and effect and is superseded in all respects
by this Special Power of Attorney for Annexation.
a
ATTACHMENT "B"
The City of Ft. Collins ("City") acknowledges that the Property has been
developed as a gated adult community through Larimer County and HUD.
The City agrees that upon annexation of said land, the City will not take any
action affecting the nature of the development of the Property as presently
approved with regard to the following issues:
1. The City will not change the private nature of the interior roads of
the Property and there will be no requirements to dedicate such roads to public
use, except for the dedication of a temporary emergency access easement to
serve the proposed "State Highway 14-East Frontage Road Annexation" to the
C ity.
2. The existing restricted, gated access to the Property will not be
modified by the City;
3. The City will not require removal of the gates restricting access to
the Property, nor shall it require removal of the perimeter fence around the
Property;
4. Except as is presently provided in sections 12-120 through 12-122
of the City Code, the City will not take any action affecting the rules and
regulations and/or covenants affecting the Property, including, without limitation,
the rules that restrict ownership and occupancy to persons fifty-five(55) years of
age and older;
5. The improvements within the Property have been approved by
HUD under the UBC and the IRC and the City agrees that upon Annexation said
improvements will be accepted as conforming and in compliance with the then
applicable codes of the City, except to the extent that said improvements would
be considered out of compliance under applicable HUD regulations or codes;
6. The City agrees that building permits which have been approved by
Larimer County prior to the effective date of annexation and have not lapsed
under the rules of Larimer County will continue to be effective after the
annexation and will be honored by the City without further expense.
7. The City's aggregated fees for permission to erect improvements
on the lot which is to be burdened by the temporary emergency access
easement (See #1 above) shall not exceed the aggregated fees which would
have been charged by Larimer County for such permission.
8. The City of acknowledges that upon execution hereof, the Owner
has entered into an Agreement ("the Imago Agreement") with Imago Enterprises,
Inc. ("Imago") with respect to the granting of a temporary emergency access
easement from Owner to Imago. This Special Power of Attorney is incorporated
into the Imago Agreement. The Imago Agreement provides in part that said
temporary emergency access easement will terminate when an alternative
easement acceptable to the City and the Poudre Fire Authority is available. The
City agrees that when an alternative permanent access route is available, it will
require that Imago obtain said easement, terminate the temporary easement, and
restore the portion of Owner's property on which the temporary easement is
located, all as provided in the Imago Agreement. The City will not issue building
U
LEGAL DESCRIMON
A tract of land situated in the Northwest Quarter of Section 15, T7N, R68 W of the 6th
P.N.. being more particularly described as follows. -
Considering the North line of the Northwest Quarter of Section 15, T7N, R68W as
bearing S W 15' 00" E as determined by monumarts bind at North Quarter earner and
Center Quarter corner of said Section 15, and with all bearings contained herein relative
thereto.
Commencing at the North Quarter corner of said Section 15; theater almrg the
East fine of the Nordmest Quarter of Section 15 S 00*V%" W 110.26 feet to the TRUE
POINT OF BEGINNING; thence departing from said fine S 00.15'39" W 1944.95 feet
along the East Boundary of said land tract; thence N 89°3=" W 1417.34 feet; thence N
00'29'22" E 403.53 feet; thence N 32'15'02" E 688.50 feet; thence N 89'40'58" W
362.73 fxt to a point on the beginning of a turn concave to the Northwest having a
antral angle of 44° 15'03" and a radius of 585.00 fed, the curd of which bears N
48'0 I ' 15" E 440.66 feet thence along the arc of said cove 451.81 feet to a point on the
beginning of a curve concave to the Northwest having a central angle of 31°56'39" and a
radius of 785.00 feet, the chord of which bears N 09°55'24' E 432.0I feet; thence along
the arc of said turn 437.66 feet thence N 06'02'55" W 215.77 feet thence N 00'
57'0I" E 20.09 feet thence S 89'02'59" E 312.99 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 37.§1 acres.
ATTACHMENT "A"
rn rammati.lrulcssrall:ipply.tclllis1,grccncnt:any 6cnierinChi dcst}iernl cr
llie;follpv.m�� vice viers:, words used in the pre':cnt Icnce
gender:; the singular number includes the plural and
include thepast and foturc tense:: and vice versa, nalecs manifd
estly inaprlicable; and the v.orail
he cnnsirueu according to the conL ttt and approved usage o1 language. 3� t��a�
Th V'1'1']�FS� u11) pOF, fhc D�+mer has executed thisPuwer of Attorne} this
of _, 2005,
ND 1%B
AIvIEl'7CAN .RETIREMENT Pi:OI'ET TILS, L1 C
a C01Drad0limited )iability company
By:
Paul j. C, enFtfin, Mnnaaing Member
The City of Ft.Collins hereby accepts this Power of Attorney on the
terms and conditions set forth herein.
OLORADO
.'.: CITY OF. FT. COLLINS,
any Clerk By:
Darin Atteberry, City Manager
STATE Or COLORA O )
ss.
COrJNTY OF LAI'JMFR )
day-of�, 2DD5, by Paul J.
5tinscribed and sworn to befarc me this TLieS LLC_, a Coloradohmited
Gallettstein, as Managing Member of American Pt. tiremeni Prop
liability company,: ``x���tu'
I✓y c mmission expires: J,
Notary -Public s P
STATE OF COLORADO
COUNTY OF LARIMER
5ubscr
Darin At,�o
} �TFOF COS-aPP�\\1`. ..
Ss t�Artnti►n�0�.
da of� e 2005 by
t sworn to before me this Y-
Manager of the Cit o ort Collins
My co O
expires:
r
tP>; �,lJ�
qrF OF C()L�
SPECIAL POWER OF A'I-TORNEY hOR ANNEXATION
The undersigned, as owner ("Owner") of the property more particularly described on
in by ic 'rcjlcc
L)CS hereby
Attachment "A' atcikhof theCityof Furnd l Collinstahi scatlorrre}� in fact(ehupoweredtandrirrevocably
appoint the City Cl
attthoriaed in act on hehalf of the Owncr to execntc annexati on petinnns, maps and of �cr. ocumcnts
ion of the
roperty into the
yorFort
as maybenccessarYhetermeconditionsandpmvisionsofsaidannexationtpetitonsCrelpsand lhcr
ing
the Owner to all of
documents as if the Owner had signed said annexal'o't petitions, maps and other documents.
he City Clel
The power granted by this power
hall not be affected by of attorney May be
ddeligbilttlly orby tdiss hniott of the
subordinates. This power of attorney sIsslgn.q of
Owner and shall be binding upon all successors orr of the Property,andshalhbc onsider d as
ownership of the owner limited liability company „ Further, in accepting title to the
covenant running with the land described on Attachment A
property described on Attachment "A", or any part thereof, any grantee, heir, assignee or successor -
in -interest to the undersigned Owner shall be bound the terms hereof. The Owner ratifies, confirms
all times all which the appointed
and promises to ratify and confirm at attorney -in -fact under This
Power of Attorney shal► lawfully tlo or cause to be done under its terms.
The tern) of this Power of Attorney shall continue, irrevocable, for a period of five (5) of
comet nc a�nvon the pa
yearsssage of said five years, this Power of
Attorney shall immediately cease and shall become null and void. furthermore, in consideration o
the granting of this Power of AU orney, the attorney -in -fact appointed hereby shall be bound to refrain
From executing any such annexation petitions, maps or other documents during the first three (3)
years of the five-year term of this Power of Attorney. Upon execution of this Power of Attorney and
acceptance hereof by the City of Fort Collins, that certain power of 'attorney contained in the
Annexation Agi- eemcnt dated June 29, 2000, recorded at Reception No. 2000076676 of the I.aritner
County, Colorado, records, shall become null and void.
Any annexation of the Property to the City of Fort Collins shall not affect the vested property
rights afforded the Properly tinder Colorado law. *See Attachment "B" which is hereby
incorporated herein by reference.
of the Clerk and Rorder of Larimer
This Power of Attomey shall be7ecordcd in the records ec
County, Colorado, pursuant to the provisions of Colorado law; and the City of Fot� Collins, as
beneficiary hereof, may undertake any action legally available to enforce the provisions hcreor. In
the event that the City of Fort Collins is required to undertake action to enforce the terms ficrcof, the
Owner, for itself and its successors and assigns agrees that the Cn lidity ',ins a tornerecovcr from
t'ofees incurred
or any such successor or assign, the City
's reasonable expenses, b
Y
with respect to such action.
7f any provision of this Power of Attorney is declared invalid for any reason whatsoever by
any competent court, such invalidity shall not affect any other provision of this Agreement, provided
that it can be given affect without the invalid provision.
✓r,
t
City Attu zy
City of Fort Collins
January 3, 2006
Roger Clark, Esq.
Clark Williams and Matsunaka, LLC
2881 North Monroe Avenue, Suite 1
Loveland, CO 80538
Dear Roger:
Enclosed you will find a copy of the Special Power of Attorney for Annexation which Paul
Gallenstein signed and the City recorded at the Office of the Larimer County Clerk and Recorder.
I wanted to return a copy of the recorded document to you so that you would have the reception
number, the recording date, etc. and could pass this information along to Mr. Gallenstein if you
wished.
Sinc ly,
W. Paul Eckman
Deputy City Attorney
WPE:pec
Enclosure
cc: Ted Shepard, Chief Planner
300 LaPorte Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327