Loading...
HomeMy WebLinkAboutPETERSON ANNEXATION & ZONING, STRUCTURE PLAN AMENDMENT - 54-02 - CORRESPONDENCE - PETITIONCarrie [Saggett -Peterson-Streamside Petition.doc - Page 4 ATTACHMENT "C" ATTORNEY CERTIFICATION I, , 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 Peterson/Streamside 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. Date Signature Attorney Reg. No. Carrie Daggett - Peterson-Streamside Petitinn.doc _ T _ Page 3' ATTACHMENT `B" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath states: Troy W. Jones, City Planner 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 swom to before me this day of , 2002, by WITNESS my hand and official seal. Commission Expiration Notary Public `Carrie Daggett - Peterson-Streamside Petition.doc Page 21 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 Urban Estate 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 LegaLDescr1 t"'- Attac P � r_ hment"i" IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this day of .2002. CEDAR POINT LAND & LIVESTOCK L.L.C. Bv: Duane Lebsack, Principal and Manager City State Zip ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION [to be completed by the City of Fort Collins staff) 2 Carrie Daggett_- Peterson-Streamside Petition.doc Page 1 i 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 Peterson- Streamside Annexation to the City of Fort Collins. Said area, consisting of approximately �) 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. S. That, by the act of annexing the property, 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. Petitioners also agree that in the event the property to be annexed changes ownership before the annexation is finalized, the request to annex be binding upon the heirs, assigns or successors in interest of the petitioners and be considered as a covenant running with the land described in Attachment "A." Carrie Daggett - Peterson -Streams ide Annexation Page 1 i From: Troy Jones To: Paul Eckman Date: 10/10/02 3:00PM Subject: Peterson -Streams ide Annexation Here's a draft of the petition for annexation that I'm going to ask Duane Lebsack to sign. The highlighted areas are where I have questions: 1. Instead of deleting line 8, what if we add the following phrase: "by the act of annexing the property." 2. What if he sells the land before the annexation is finalized? Does the petition still stand, or do we need to add a sentence such as: "Petitioners also agree that in the event the property to be annexed changes ownership before the annexation is finalized, the request to annex be binding upon the heirs, assigns or successors in interest of the petitioners and be considered as a covenant running with the land described in Attachment W." 3. Am I the circulator if I'm the one prepairing the petition and asking him to sign it? Troy