HomeMy WebLinkAboutWATERDALE ANNEXATION & ZONING - 27-05 - CORRESPONDENCE - ANNEXATION DOCUMENTS\\
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LEGAL DESCR1Pn0N
A tray of land situated in the Northwest Quarter of Section 15, T7N, R68 W of the 6tft
P.M. being more particularly described as follows:
Considering the North line of the Northwest Quarter ofSecdon 15, T7N, R68W as
bearing S 89° 15' W" E as determined by monuments hand at North Quarter comic and
Cotter Quarter comer of said Section 15, and with all bearings contained herein relative
thereto.
Contsnenang at the North Quarts corner of said Section 15; thence along the
East fine of the Na detest Quarter of Section 15 S 00 r%" W 110.26 Tea to the TRUE
POINT OF BEG24NING; theacc departing iiom said line S 00515.39" W 1944.95 feet
along the East Boundary of said land tract; thence N M2'23" W 1417.34 feet; thence N
00°29122" E 403.53 feet; thence N 32015'02" E 688.50 &K thence N 89040*58" W
362.73 fief to a point on the beginning of a curve concave to the Northwest having a
central angle of 44* 15'03" and a radius of 585.00 fret, the chord of which bears N
4M V 15" E 440.66 feet; thence along the arc of said curve 451.91 feet to a point on the
beginning of a curve concave to the Northwest having a central angle of31°56'39" and a
radius of 785.00 feet, the chord of which bears N 09*55*240 E 432,0I feet; thence along
the arc of said curve 437.66 feet; thence N 06°02'55" W 215.77 f xt thence N 00°
57'01" E 20.09 feet_ thence S 89002'59" E 312.99 feet to the TRUE POINT OF
BEGINNING.
The above described parcel contains 37;61 acres.
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STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this aq day of 2000, by Paul I
Gallenstein, Managing Member of American Retirement Propevies, L.L.C., a Colorado limited
liability company.
My commission expires:
7-00
V
annexation petition incorporates all of the terms and conditions of this Paragraph 1. This power of
attorney shall not be affected by the disability of the principal. This appointment shall not preclude
the City from undertaking any other available action, which may be necessary to enforce the
provisions of the Agreement. Notwithstanding the limitation set forth in Section 31-12-107(8)
C.R.S. 1973, the Owner agrees that this power of attorney shall be valid for a term of twenty (20)
years from the date of this Agreement, unless a court of competent jurisdiction determines that the
provisions of Section 31-12-107(8) C.R.S. 1973 cannot be waived or modified by the Owner, in
which event this power of attorney shall be valid for a term of five (5) years from the date of this
Agreement.
2. That all terms and conditions herein set forth shall extend to and be binding upon the
heirs, assigns or successors in interest of the Owner, and be considered as a covenant running with
the land described in Exhibit "A". Further, it is agreed that, in accepting title to the Property
described in Exhibit "A", or any part 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 Number 1 above.
3. That any Annexation of Waterdale to the City shall not affect the vested property rights
afforded Waterdale under Colorado Statutes.
4. That this agreement shall be recorded in the records of the Clerk and Recorder of Latimer
County, Colorado, pursuant to the provisions of the 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 action to enforce the terms hereof, the Owner and his heirs, successors and
assigns agree that the City may recover from the Owner of said Property or his heirs, successors and
assigns, its reasonable expenses, including attorney frees, incurred with respect to such action.
5. That, if any provision of this agreement 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 effect without the invalid provision.
6. That the following grammatical rules shall apply to this agreement: any gender includes
the other genders; the singular number includes the plural and vice versa; words used in the present
tense include the past and future tenses and vice versa, unless manifestly inapplicable; and the words
shall be construed according to context and approved usage of language.
IN WITNESS WHEREOF, the Owner has hereunto set his hand and seal this day
of 2000.
OWNER: AMERICAN RETIREMENT PROPERTIES,
L.L.C., a Colorado limit r bility company,
By:
Paul R5"
allenstein, Managing Member
RCPTN # 2000076676 1 "17/2000 11:26:00 # PAGES - 4 v.E - $20.00
M RODENBERGER RECORDEk .ARIMER COUNTY CO STATE DOC F - $.00
ANNEXATION AGREEMENT
TO THE CITY OF FORT COLLINS, COLORADO:
The undersigned, as owner ("Owner") of the property more particularly described on
Attachment "A" attached hereto and incorporated by reference (the "Property"), has secured Special
Review approval for development of the Property as the Waterdale manufactured home park
("Waterdale") from Larimer County, Colorado, in accordance with the terms of the
Intergovernmental Agreement for the Fort Collins Urban Growth Area (the "IGA") between Larimer
County and the City of Fort Collins, Colorado (the "City"), as evidenced by the Findings and
Resolution of the Board of County Commissioners of Larimer County, Colorado dated March 7,
2000; and
WHEREAS, it is anticipated that Waterdale. which consists of a 177-unit gated,
manufactured home park, will build out to full occupancy within five years of final approval and
recording of the Waterdale plat with the Larimer County Clerk and Recorder ("Build -out Period");
and
WHEREAS, although Waterdale does not meet the County's technical definition of
Affordable Housing, nor was Waterdale approved as an Affordable Housing project, it is recognized
that manufactured housing fits into the continuum of affordability for housing and that Waterdale
will provide a reasonably -priced housing alternative for senior citizens; and
WHEREAS, the financial feasibility of developing Waterdale as a reasonably -priced housing
alternative for senior citizens is dependent, in part, upon the Owner's ability to predict and budget
for development -related fees during the Build -out Period; and
NOVI, THEREFORE, it is expressly understood and agreed by the Owner that the approval
of Waterdale is in consideration of and upon the following terms and conditions:
1. The Owner specifically agrees to consent to and join in the annexation of the Property to
the City and further agrees to comply with all legal requirements and conditions pertaining to the
annexation of territory to the City, including the payment of all applicable City fees, provided
however, that such annexation does not occur until after expiration of the Build -out Period or, if
prior to expiration of the Build -out Period, the Owner agrees to pay development -related fees
assessed against the Property or any individual manufactured home or home site in Waterdale in
amounts not to exceed the amount of the corresponding County fees then if effect. It is understood
by the Owner that the primary consideration for the Special Review approval of Waterdale according
to the terms of the IGA is the Owner's covenant and promise to consent to annexation in accordance
with the conditions set forth herein, comply with all requirements and conditions aforesaid, and sign
all petitions and maps pertaining thereto. Furthermore, the Owner does hereby empower and
irrevocably authorize and appoint the City Clerk of the City of Fort Collins, Colorado, as lawful
attorney -in -fact, on behalf of the Owner, to sign any such annexation petitions and maps thereby
binding the Owner to all of the terms and provisions of said petitions and maps for all intents and
purposes as if the Owner had signed said petitions and maps: provided. however, that such
City Council Initiating Resolution
July 5, 2005
Planning and Zoning Board Hearing
July 21, 2005
City Council Annexation Ordinance 1" Reading
August 16, 2005
City Council Annexation Ordinance 2nd Reading
September 6, 2005
I hope that this letter adequately summarizes our telephone conversations and clarifies
requirements for the annexation.
Sincerely,
Cameron Gloss, AICP
cc: annexation file
Paul Eckman
Commu y Planning and Environmental ' vices
Current Planning
City of Fort Collins
Mr. Paul J. Gallenstein
Managing Member
American Retirement Properties, LLC
878 Pleasure Drive
Fort Collins, CO 80524
June 14, 2005
Dear Mr. Gallenstein,
This letter should be considered an official written summary of our telephone
conversations from June 8 and June 13, 2005 regarding conditions of annexation assigned
to the Waterdale (aka Sunflower) Manufactured Home Subdivision.
As we discussed, the Annexation Agreement executed by you on June 291h, 2000
(attached) empowers the City of Fort Collins to initiate annexation of the Waterdale
property at such time that it becomes eligible. Since the City has recently received an
annexation petition from the abutting property owner to the south, thereby making your
property contiguous with the city limits, the annexation process will be initiated as soon
as possible.
The attached Annexation Agreement spells out special conditions of approval unique to
the Waterdale Property. Pursuant to Condition 1 of the Annexation Agreement, the City
has agreed to collect development -related fees in an amount not to exceed the
corresponding fee collected by Larimer County. As specified in the annexation
agreement, this condition shall apply only during the remaining "Build -out Period" of the
development. After the project is completely "built -out", any future building additions or
modifications would be subject to the City fees in effect at the time of building permit
application. Also, please note that City sales tax is not considered a fee and would be
assessed to the purchaser of building materials associated with the development.
Public meetings for the Waterdale Annexation have been scheduled on the following
dates. If the annexation stays on this schedule, the effective annexation date will be
September 16, 2005. Meeting agendas giving a general timeframe that the annexation
will be reviewed are available approximately one week in advance. You may access the
City Council agendas and Planning and Zoning Board agendas through the City's website
fcgov.com.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020