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Home My WebLink AboutHOMESTEAD ANNEXATION & ZONING - 32-03 - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTSE2�HIBIT A Tract D, The Homestead P.U.D., Northeast Quarter (NEl/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 Comer of said Tract D and assuming the East line of said Tract D as bearing South 00000'10" East (South 00000'33" 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 89022'21" West a distance of 921.86 feet; THENCE North 00°46'3T' 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 Arc 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 103017'06" (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 Arc 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°46'3T' 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" (39054'56" platted) and whose Long Chord bears North 20043'53" 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 69°44'4T' East a distance of 213.39 feet to a PT; THENCE North 89013'23" 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 90000'00" and whose Long Chord bears North 44°13'23" East a distance of 395.98 feet to a PT; THENCE North 00*46'37" West a distance of 115.00 feet (90.00 platted) to a PC; 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" 3 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. 'N WrINF.SS WHEREOF the applicant has hereunto set his hand and seal this _ day of VWINV'R � y Subscribed and sworn to before me this (D �y of �iG}d�er by �olrc� �— 6, WITNESS my hand and official seal. My Commission Expires: 2 - ZO - Cb Notary Public ------ Fort Collins Annexation Agreement Page 2 LCPP-1 14 —July 14, 2000 - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII #240847 SCOTT DOYLE, RECORDER, RIMER COUNTY CO RCPTN# 2003-0135049 10/23/2003 16:06:19 PAGES - 4 FEE $21.00 DOC $0.00 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 FORTHE.FORT COLLINS CZROWTH 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 attomey-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.RS. 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.RS. 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 undersigned OWNER and be considered as a covenant running with the land described in Attachment "A". Further, it is agreed that, in accepting title to the property described in Attachment "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 appointment of 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 the provisions of Colorado Statutes; and that the CITY may undertake any action legally available to enforce the provisions hereof. Fort Collins Annexation Agreement Page l LCPP-114 — July 14, 2000 �1