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HomeMy WebLinkAboutINTERSTATE LAND HOLDINGS ANNEXATION - ANX140003 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONExhibit D To Petition for Annexation Attorney Certification I, , an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of the Petition for Annexation for the area referred to as the Interstate Land Holdings Annexation to the City of Fort Collins are the owners of the 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 in Exhibit A of said Petition for Annexation, and own more than 50% of the land in said area, exclusive of streets and alleys. LILEY, ROGERS & MARTELL, LLC Printed Name: Attorney Registration No. Date: Exhibit C to Petition for Annexation Legal Description of the Property Owned by Petitioner, City of Fort Collins, Colorado Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124, located in Section 15, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado. Exhibit B to Petition for Annexation Legal Description of the Property Owned by Petitioner, Interstate Land Holdings, LLC Lot 1 and Lot 2, Interstate Land Holdings Minor Land Division, File No. 12- S3124, located in Section 15, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado Exhibit A to Petition for Annexation Legal Description of the Property A tract of land located in the Southwest Quarter of Section 15 and the Northwest Quarter of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, and being more particularly described as follows: Considering the South line of the Southwest Quarter of said Section 15 as bearing North 89041'04" East and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along said South line of the Southwest Quarter, North 89041'04" East, 1274.77 feet to the POINT OF BEGINNING; thence continuing along said South line, North 89041'04" East, 50.73 feet; thence departing said line, North 00022'04" East, 60.14 feet to the Southwest corner of Lot 3, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along the West line of said Lot 3, North 00°22'04" East, 215.86 feet; thence along the Northerly line of said Lot 3, North 61 °20'04" East, 175.91 feet to a point on the Westerly line of Lot 1, Interstate Land Holdings Minor Land Division, File No. 12-S3124; thence along said Westerly line the following three (3) courses and distances: North 13051'47" East, 674.61 feet; thence, North 66°32'35" East, 513.58 feet; thence, North 70040'20" East, 305.70 feet; thence departing said line, South 83027'06" East, 55.00 feet; thence, South 04°33'24" West, 216.25 feet; thence, South 13020'35" West, 514.74 feet to the Northeast corner of Lot 2, Interstate Land Holdings Minor Land Division, File No. 12-S3124 ; thence along the easterly line of said Lot 2 the following three (3) courses and distances: South 08025'22" West, 337.31 feet; thence, South 44°41'59" West, 118.86 feet; thence, South 83050'53" West, 113.23 feet; thence departing said line, South 17048'58" West, 13.05 feet; thence, South 33'15'59" West, 90.10 feet; thence, South 00°52'47" East, 156.17 feet to the North line of that tract of land recorded in Reception No.20110064864 Larimer County Records; thence along said line and along the North line of that tract of land recorded in Reception No. 20090035759, South 89033'34" West, 450.02 feet; thence, North 81020'56" West. 303.80 feet; thence, North 00020'00" East, 33.42 feet to the Point of Beginning. The above described tracts of land contain 989,933 square feet or 22.726 acres, more or less and is subject to all easements and rights -of -way now on record or existing. AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation and that the signature thereon of was witnessed by affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) On the day of , 2015, before me personally came to me known, and known to me to be the individual described in, and who executed the foregoing instrument, and who acknowledged to me that he or she executed the same. Witness my hand and official seal. My Commission expires: [SEAL] Notary Public AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation and that the signature thereon of Curt Burgener was witnessed by affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) On the day of , 2015, before me personally came to me known, and known to me to be the individual described in, and who executed the foregoing instrument, and who acknowledged to me that he or she executed the same. Witness my hand and official seal. My Commission expires: [SEAL] Notary Public PETITIONER: INTERSTATE LAND HOLDINGS, LLC, a Colorado limited Liability company By: Curt Burgener Title: Dated: Address: 7301 SW Frontage Road, Suite 3 Fort Collins, CO 80528 PETITIONER: CITY OF FORT COLLINS, COLORADO, a municipal corporation By: Printed Name: Title: Dated: Address: 300 LaPorte Avenue Fort Collins, CO 80521 10. The City 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 ordinance of the City. 11. Petitioner, Interstate Land Holdings, LLC, represents that it is the owner of the Property described on Exhibit B. 12. Petitioner, City of Fort Collins, Colorado, represents that it is the owner of the Property described on Exhibit C. As an express condition of annexation, Petitioners consent to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-45-136(3.6) C.R.S. Petitioner, Interstate Land Holdings, LLC, acknowledges that, upon inclusion into the Subdistrict, the property described on Exhibit B 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 such property. Petitioner, Interstate Land Holdings, LLC, agrees 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. Petitioner, Interstate Land Holdings, LLC, also agrees to waive, upon inclusion of the property described on Exhibit B, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. Therefore, the undersigned Petitioners hereby request that the City approve the annexation of the area described on Exhibit A. Furthermore, the Petitioner, Interstate Land Holdings, LLC, requests that the property described on Exhibit B be zoned General Commercial District ("G-C) pursuant to the Land Use Code of the City; and Petitioner, City of Fort Collins, Colorado requests that the property described on Exhibit C be zoned Public Open Lands District ("P-O-L") pursuant to the Land Use Code of the City. Petitioner, Interstate Land Holdings, LLC, specifically reserves the right to withdraw this Petition, and Petitioner, City of Fort Collins, Colorado, specifically consents to such right of withdrawal, 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. PETITION FOR ANNEXATION INTERSTATE LAND HOLDINGS, LLC, a Colorado limited liability company, and the CITY OF FORT COLLINS, COLORADO, a municipal corporation, referred to together herein as the "Petitioners", the landowners of more than 50% of the territory, excluding public streets and alleys, containing 22.726 acres more or less and legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), to be known upon annexation as the "Interstate Land Holdings Annexation", submit this Petition for Annexation ("Petition") and allege the following to be true and correct: The perimeter of the Property to be annexed has a distance of 4398.47 feet of which 1042.18 feet are contiguous to the existing limits of the City of Fort Collins (the "City"). A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the City. Petitioners further allege: 1. It is desirable and necessary that the Property be annexed to the City. 2. A community of interest exists between the Property and the City. 3. The Property is urban or will be urbanized in the near future. 4. The Property is integrated or capable of being integrated with the City. 5. In establishing the boundaries of the Property being annexed, no land held in identical ownership is divided into separate parcels unless the owner of said land has consented in writing or joins in this Petition. 6. No land held in identical ownership, comprising 20 acres and together with improvements having an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition, is included unless the owner of such land has consented in writing or joins in this Petition. 7. No proceedings for annexation of the Property have been commenced for annexation to another municipality. 8. The signers hereof comprise the landowners of more than 50% of the Property proposed to be annexed exclusive of streets and alleys and comprise more than 50% of the landowners of the Property. 9. The mailing address of the Petitioners and the date of the Petitioners' signing is shown on this Petition.