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HomeMy WebLinkAboutINTERCHANGE LANDS 1ST ANNEXATION & ZONING - 17-04 - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTSAttachment "A" LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION AGREEMENT A tract of land situate in the County of Larimer, State of Colorado, to wit: Fort Collins Annexation Agreement Page 3 LCPP-114 —July 14, 2000 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. 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 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 constructed according to context and approved usage of language. IN WITNESS WHEREOF the applicant has hereunto set his hand and seal this 7 2L day of OWNER 1�2 CO Subscribed and sworn to before me this day of Z , 2099; by Tyze_ic /Q 2&4Z��r WITNESS my hand and official seal. My Commission Expires: 40TMY -No 04>~ 06. pueuG Mr CWwdsWn Fort Collins Annexation Agreement Page 2 LCPP-114 —July 14, 2000 (N�plLI�FN� 61s4tess {dark ANNEXATION AGREEMENT TO THE CITY OF FORT COLLINS, COLORADO: The undersigned owner (hereinafter referred to as "OWNER") of the property, more particularly described on Attachment "A", attached hereto, has filed an application with Larimer County under the terms of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH MANAGEMENT AREA between Larimer County and the City of Fort Collins (hereinafter referred to as "CITY"). It is expressly understood and agreed by the undersigned OWNER that, 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 CITY 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. It is understood by the undersigned OWNER that the primary consideration for granting of development approval according to the terms of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH MANAGEMENT AREA is the undersigned OWNER'S covenant and the promise to consent to the annexation of said territory to the CITY, comply with all requirements and conditions as aforesaid and sign all petitions and maps pertaining thereto. Futhermore, the undersigned 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 undersigned, to sign any such annexation petitions and maps thereby binding the undersigned, to all of the terms and provisions of said petitions and maps for all intents and purposes as if the undersigned had signed said petitions and maps. 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 this Agreement. Nothwithstanding the limitation set forth in Section 31-12-107(8) C.R.S. 1973, OWNER agrees that this power of attorney shall be valid for a term of 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 apd be binding upon the heirs, assigns or successors in interest of the undersigned O'er * 94d be. considered as a covenant running with the land described in Attachment "A' : F ef; Ans agreed that, in accepting title to the property described in Attachment "A"; of fin' art"thereof, any grantee, heir, assignee or successor in interest to the undersigned 0 ressly agrees to be bound by the terms hereof, including, but not limited to, the appoitlak$i`�the`City Clerk as attorney - in -fact for the purposes set forth in Paragraph (1) above. 3. That this agreement shall be recorded pursuant to th.e pfoyis.lops ott Colorado Statutes; and that the CITY may undertake any action legally available to enforce the provisions hereof. Fort Collins Annexation Agreement Page I LCPP-114 —July 14, 2000