HomeMy WebLinkAboutWATERDALE ANNEXATION & ZONING - 27-05 - REPORTS - PETITION\Xj J8_J7 J6 j"" l LmnLmF^Lmr. CA111011
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LEGAL DESCRIPTION
A tractof land situated in the Northwest Quarter of Section 15, T7N, R68 W of theft
PM, being more particularly described as follows:
Considering the North line of the Northwest Quarter ofSetion 15. TIN, R68W as
bearing S 89° 15' 00" E as detamined by monnraatts farad at North Quartrr comer and
Center Quarter comer of said Section 15, and with all bea:iagscoubined hemin relative
thareao.
Commencing at the North Quarter corner of said Section 15, thence along the
East tree of the Northwest Quarter of Secaoa 15 S 00 r%" W 110.26 feet to the 'TFM
POLAR' OF BEcnY INQ thence departing from said line S 00015.39" W 194495 feet
along the Fist Boundary of said land tract; thence N 89'32'23" W 1417.34 fieefi thence N
00'29'22" E 403.53 feet; thence N 32015'Mr E 688.50 fret; thtahce N 89040958" W
362.73 Semi to a point on the beginning of a alive eve to the Northwest having a
central angle of 44° 15'03" and a radius of 585.00 feet, the cbord of which bears N
48*01' 15" E 440.66 feet; thence along the arc of said atrve 451.91 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 09055*240 E 432.0I feet; thence along
the arc of said curve 437.66 fees; thence N 06°02'55" W 215.77 feet; thence N 00°
57'01" E 20.09 ftet chance S 89002'59" E 312.99 fret to the TRUE POINT OF
BEGINNING.,\
The above described parcel contains 37J1 ants.
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this Q2�day of 2000, by Paul J.
Gallenstein, Managing Member of American Retirement Pro es, L.L.C., a Colorado limited
liability company.
My commission expires:
la 7-00 otary Public
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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 firture 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 d Q day
of , 2000.
OWNER: AMERICAN RETIREMENT PROPERTIES,
L.L.C., a Colorado limit ility company,
By: If
Paul Jtallenstein, Managing Member
ATTACHMENT &'DR$
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 forthe 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 reaso nably-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
NOW, THEREFORE, it is expressly understood and agreed by he 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
1 �" C
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I, F -Deck-p✓ , an attorney licensed to practice in the
State of Colorado,iiereby certify that, as of the date of this certificate, the signer of this
Annexation Petition for the area referred to as the wn - Pev FA i IL
Annexation to the City of Fort Collins, is the attorney -in -fact for 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 is said area, exclusive of
streets and alleys.
— /;)- 7 -zifeLl
Date SignaWfi 0 Attorney Reg. No.
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
ATTACHMENT 'V3
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.
Ci7
rculator's Signature
Sul s ed nd s� rn to before me this ? day of 2��
by L "
WITNESS my'hand and official seal.
F
0
Coj'oaooca Rmmnxpiration GEEOGIANAJ.
iDENE
Notary blic
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE WATERDALE ANNEXATION
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 89° 15' 00" W WITH
ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15 THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; THENCE S 000 07' 56" W 110.26 FEET; THENCE, S 000 15'
39" W 1944.95 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE STATE
HIGHWAY 14 - EAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 890 32' 32" W 1417.57 FEET ALONG SAID NORTHERLY LINE; THENCE N 00° 29' 22" E
403.48 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF INTERCHANGE
LANDS FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE THE FOLLOWING SEVEN (7) COURSES ON AND ALONG SAID EASTERLY LINE, N 320 15'
02" E 688.50 FEET; THENCE, S 89° 40' 58" E 362.73 FEET TO A POINT OF A COMPOUND CURVE
CONCAVE TO THE NORTHWEST; THE FIRST CURVE HAS A LENGTH OF 451.81 FEET WITH A
CENTRAL ANGLE OF 440 15' 02" A RADIUS OF 585.00 FEET AND A CHORD WHICH BEARS N 480
01' 16" E 440.66 FEET TO THE POINT OF THE SECOND CURVE HAVING A LENGTH OF 437.67
FEET WITH A CENTRAL ANGLE OF 310 56' 40" A RADIUS OF 785.00 FEET AND A CHORD WHICH
BEARS N 090 55' 25" E 432.02 FEET; THENCE N 06° 02' 54" W 215.77 FEET TO A POINT OF
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14
(A.K.A. EAST MULBERRY STREET); THENCE, N 000 45' 00" E 129.27 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15;
THENCE, N 000 57' 01" E 40.84 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET);
THENCE, PROCEEDING ALONG SAID NORTHERLY RIGHT-OF-WAY, S 890 02' 59" E 311.46 FEET;
THENCE S 000 02' 07" W 39.72 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 15
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 38.69 ACRES MORE OR LESS
be placed in the L-M-N Low Density Mixed -Use Neiahborhood Zone District pursuant to the
Land Use Code of the City of Fort Collins.
❑ (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 IN ATTACHMENT "A"
IN TNESS WHEROF, I/we have executed this Petition for Annexation this _day of
2 005
American ReKirement roperties, L.L.C., a Colorado Limited Liability Company:
Petitioner's/Owner's Sign ur,
Wanda M. Krajicek, Attomey-in-fact
. %0
Address
Petitioner's/Owner's Signature
Address
C,o dos a a
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 Collins, Colorado for the annexation of an area, to be referred to as the
Waterdale Annexation to the City of Fort
Collins. Said area, consisting of approximately 38.69 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.
Further, as an express condition of annexation, the City of Fort Collins must agree to accept the
terms and conditions of Paragraph 1 of the Annexation Agreement executed by American Retirement
Properties, LLC on June 29, 2000, a copy of which is attached hereto as Exhibit "D", which terms and
conditions are incorporated herein.
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