HomeMy WebLinkAboutHOMESTEAD ANNEXATION & ZONING - 32-03 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C"
ATTORNEY CERTIFICATION
I, James E. Ringenberg, an attorney licensed to practice in the State of Colorado,
hereby certify that I have examined the records of the Clerk and Recorder of Larimer
County, Colorado and have verified that the signers of this Annexation Petition for the area
referred to as the Homestead Second Filing P.D. and P.U.D. Annexation to the City of Fort
Collins are 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 in said area, exclusive of streets and alleys.
August 13, 2003 241 -C ��f', , 10670
Date 10, 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.
Subscribed and sworn to before me this _I day of , 2003,
by a(jj /f , "tiJ Lcl9 0
WITNESS my hand and official seal.
_ 2-ZU- 05
Commission Expiration Notary Public
THENCE along the Arc of a Curve which is concave to the Southeast a distance of 23.56 feet, whose
Radius is 15.00 feet, whose Delta is 90.00'00" and whose Long Chord bears North 44°13'23" East a
distance of 21.21 feet to a PT;
THENCE North 89°13'23" East a distance of 419.32 feet (454.32 platted) to the POINT OF
BEGINNING.
Said parcel contains 22.832 acres more or less (±) and is subject to any rights -of -way or other easements
of record or as now existing on said described parcel of land.
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
Tract D, The Homestead P.U.D., Northeast Quarter (NE1/4) of Section Eight (8), Township Six North
(T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6thP.M.), County of Larimer,
State of Colorado and being more particularly described as follows:
BEGINNING at the Northeast Corner of said Tract D and assuming the East line of said Tract D as
bearing South 00°00'10" East (South 00°00'33" East platted) a distance of 1271.85 feet (1271.95
platted) with all other bearings contained herein relative thereto:
THENCE along said Tract D the following fourteen courses and distances:
THENCE South 00°00' 10" East along said East line a distance of 1271.82 feet (1271.95 platted);
THENCE South 89°22'21" West a distance of 921.86 feet;
THENCE North 00°46'37" West a distance of 193.75 feet (193.79 platted) to a point on a curve, said
curve being non -tangent to the aforesaid line;
THENCE along the Are of a Curve which is concave to the West a distance of 90.13 (90.14 platted),
whose Radius is 50.00 feet, whose Delta is 103°17'06" (103°17'30" platted) and whose Long Chord
bears North 13°59'44" East a distance of 78.42 feet to a Point of Reverse Curvature (PRC);
THENCE along the Are of a Curve which is concave to the East a distance of 32.18 feet, whose Radius
is 50.00 feet, whose Delta is 36°52' 12" and whose Long Chord bears North 19° 12'43" West a distance
of 31.62 feet to a Point of Tangency (PT);
THENCE North 00°46'37" West a distance of 223.46 feet to a Point of Curvature (PC);
THENCE along the Arc of a Curve which is concave to the West a distance of 264.72 feet, whose
Radius is 379.98 feet, whose Delta is 39°55'00" (39°54'56" platted) and whose Long Chord bears North
20°43'53" West a distance of 259.40 feet to a PRC;
THENCE along the Arc of a Curve which is concave to the East a distance of 23.81 feet (70.43 platted),
whose Radius is 15.00 feet, whose Delta is 90°57'36" (269°02' 13" platted) and whose Long Chord
bears North 04°47'24" East a distance of 21.39 feet to a PCC;
THENCE along the Arc of a Curve which is concave to the South a distance of 217.55 feet, whose
Radius is 320.00 feet, whose Delta is 38°57' 10" (38°57'09" platted) and whose Long Chord bears North
69044'47" East a distance of 213.39 feet to a PT;
THENCE North 89°13'23" East a distance of 100.00 feet to a PC;
THENCE along the Arc of a Curve which is concave to the Northwest a distance of 439.82 feet, whose
Radius is 280.00, whose Delta is 90°00'00" and whose Long Chord bears North 44°13'23" East a
distance of 395.98 feet to a PT;
THENCE North 00046'37" West a distance of 115.00 feet (90.00 platted) to a PC;
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 on Attachment `A'."
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this / 7- day of
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llefitioner's/Owne s Sign lure
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Address
City State Zip
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Petitioner's/Owner's Signature
Address
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 Homestead Second
Filing P.D. And P.L.D. Annexation to the City of Fort Collins. Said area, consisting of approximately
Twenty Two and Eight Hundred Thirty Two One Thousandths (22.832) acres, is more particularly described
on Attachment "A", attached hereto.
The Petitioners allege:
1. 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 31-12-105, C.R.S., exist or have been
met.
3. That not less than one -sixth 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 than 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 obligation 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 iJ2t3lj1 Zone District pursuant to the Land Use Code of the City of Fort Collins.
X (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.