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HomeMy WebLinkAboutHALCYON SECOND ANNEXATION & ZONING - 9-03 - REPORTS - PETITIONATTACHMENT "C" , , ATTORNEY CERTIFICATION I I, w I LL CXW ArJ , 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 Halcyon Second 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 stree and alleys. 7cz7 Date Signature Attorney Reg. No. 5 ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARIN ER ) 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. Circu ator Subscribed and sworn to before me this O_ 1 k day of h; 2003, by 1Jc b Jc3i i�,rE.,1 WITNESS my hand and official sea]. Commission Expiration 1 Notary Public NOrt'ARy PUBLIC. 7 YcommissionExpires 1T-18-=4 4 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13 AS BEARING NORTH 000 02' 20" EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 13; THENCE, S 890 42' 58" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT- OF-WAY OF SOUTH COLLEGE AVENUE, ALSO KNOWN AS U.S. HIGHWAY 287; THENCE, N 000 10' 49" E 1564.48 FEET ALONG SAID EASTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE; THENCE, S 830 46' 11" E 1228.44 FEET; THENCE, S 000 10' 49" W 303.85 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 000 10' 49" W 104.55 FEET TO A POINT OF INTERSECTION WITH A NORTHERLY LINE OF THE HALCYON ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 720 51' 11" E 367.20 FEET ON AND ALONG SAID NORTHERLY LINE; THENCE, S 696 08' 11" E 161.12 FEET ON AND ALONG SAID NORTHERLY LINE; THENCE, .S 740 04' 41" E 326.74 FEET ON AND ALONG SAID NORTHERLY LINE; THENCE, N 860 34' 49" E 558.20 FEET ON AND ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE, N 000 14' 41" W 754.33 FEET ON AND ALONG SAID EAST LINE OF THE NORTHWEST QUARTER, ALSO BEING AN EASTERLY LINE OF SAID HALCYON ANNEXATION; THENCE, N 510 02' 56" W 593.49 FEET; THENCE, N 840 01' 41" W 24.50 FEET; THENCE, S 190 45' 59" W 1031.09 FEET; THENCE, N 690 08' 11" W 160.05 FEET THENCE, N 740 04' 31" W 400.50 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 17.323 ACRES MORE OR LESS 3 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 LMN — Low Density, Mixed Use Neighborhood Zone District pursuant to the Land Use Code of the City of Fort Collins. 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, I/we have executed this Petition for Annexation this 28th day of January, 2003. City of Fort Collins, Colorado A Municipaj Corporation m By: John F. Fischbach, City Manager City of Fort Collins, Colorado P O Box 580 Fort Collins, CO 80522-0580 2 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 Halcyon Second Annexation to the City of Fort Collins. Said area, consisting of approximately 17.32 +/- 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 31-12-105, 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