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HomeMy WebLinkAboutSTRAUSS LAKES DEVELOPMENT - ANNEXATION & ZONING - 47-02 - SUBMITTAL DOCUMENTS - ROUND 2 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION I, '-PV l (� 1'�KkA 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 Strauss Lakes Development 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 Petit' own more than % of the land in said area, exclusive of streets and alleys. Atty. Reg. No. 11428 (W0726705 DMP} ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) 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. Signature Subscribed and sworn to before me this day of 2003, by William H. McDowell. S my hand and official seal. G*mi * ExOITplyon Notary Public r: tA`:�'�, (W0726705 DMP) ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larime-, State of Colorado, to -wit: A PORTION OF LAND LOCATED IN SECTIONS 28, AND 33, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, LARRAER COUNTY, COLORADO, WHICH IS BOUNDED ON THE SOUTH BY MORGAN'S RIDGE EXEMPTION PLAT, AS RECORDED AT BOOK 2165, PAGE 588„ RECORDS OF LARIMER COUNTY, COLORADO, ON THE WEST BY COUNTY ROAD NO. 9, AND ALONG THE NORTHEAST BY THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 28 BEING MONUMENTED AT THE SOUTH END BY AN ALUMINUM CAP STAMPED "RBD, LS 14823, 1995" AND AT THE NORTH END BY AN ALUMINUM CAP STAMPED "LS 17497" IS ASSUMED TO BEAR N00°10'43"W, WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTATION. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE N00010'43"W, ON SAID WEST LINE, A DISTANCE OF 30.05 FEET; THENCE S89°32'22"E, A DISTANCE OF 30.00 FEET, TO TH3 INTERSECTION OF THE EASTERLY RIGHT- OF-WAY OF COUNTY ROAD 9 (ZIEGLER ROAD) AND THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 40, AND THE POINT OF BEGINNING; THENCE N00°10'43"W, ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD), A DISTANCE OF 1077.11 FEET; THENCE N57°57'13"E, CONTINUING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD), A DISTANCE OF 1.98 FEET; THENCE N32°02'47"W, A DISTANCE OF 60.00 FEET, TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD); THENCE N57057-13"E, ON SAID NORTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 93.99 FEET; THENCE S32°02'47"E, A DISTANCE OF 60.00 FEET; TO THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH; THENCE ALONG THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING THREE (3) COURSES: 1. S46°56'19"E, A DISTANCE OF 839.47 FEET; 2. S37049'49"E, A DISTANCE OF 188.78 FEET; 3. S23016'09"E, A DISTANCE OF 513.94 FEET, TO THE SOUTH RIGHT OF WAY OF LARIMER COUNTY ROAD NO. 40; THENCE ON SAID RIGHT OF WAY, N89038'17"W, A DISTANCE OF 31.31 FEET, TO THE NORTHWEST CORNER OF THE ROSELLE-SHIELDS PARCEL, RECORDED UNDER RECEPTION NO. 20042210, LARIMER COUNTY RECORDS; i THENCE S25040'17"E, ON THE WESTERLY LINE OF SAID ROSELLE-SHIELDS PARCEL, A DISTANCE OF 5.56 FEET, TO THE NORTHEAST CORNER OF MORGAN'S RIDGE EXEMPTION PLAT, RECORDED UNDER BOOK 2165, PAGE 588, LARIMER COUNTY RECORDS; THENCE ON THE NORTHERLY LINE OF SAID MORGAN'S RIDGE EXEMPTION PLAT, THE FOLLOWING THREE (3) COURSES: 1. N89°38'17"W, A DISTANCE OF 478.11 FEET; 2. S83°28'09"W, A DISTANCE OF 125.00 FEET; 3. N89038'17"W, A DISTANCE OF 378.86 FEET; THENCE N00004'46"W, A DISTANCE OF 80.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.792 ACRES. (W0726705 DMP) such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right that may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that 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 Low Density Mixed -Use (L-M-N) Zone District pursuant to the Land Use Code of the City of Fort Collins. 0 (Check box if applicable.) The Petit:.oners 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. -Individual Petitioners signing this Petition re?resent 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, we . have executed this Petition for Annexation this _day of 2003. STRAUSS LAKES COMPANY, a Colorado corporation By: Scott A. Patten, President Address: 4770 Baseline Road, Suite 300 Boulder, CO 80303 (W0726705 DMP) COTTONWOOD LAND AND FARMS, LTD., a Colorado limited partnership By: Qx;�7� SSccott� A. Patten, Genera artner By: �. Edwin C. McDowell, Jr., General P er Address: 4770 Baseline Road, Suite 300 Boulder, CO 80303 PETMON 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 Strauss Lakes Development Annexation to the City of Fort Collins. Said area, consisting of approximately Seventeen and Seventy -Nine One Hundredths (17.79) acres, is more particularly described on Attachment "A" attached hereto. The Petitioners allege: 1. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., the Colorado Annexation Act, exist or have been met. 2. 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. 3. That it is desirable and necessary that such area be annexed to the City of Fort Collins, for the following reasons - a) 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. b) That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. c) That the area to be annexed is urban or will be urbanized in the near future. d) That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. e) 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 ordinances of the City of Fort Collins. 4. The requested zoning classification for the area, Low Density Mixed -Use (L-M- N), is consistent with the City of Fort Collins Structure Plan. 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) to (6) C.RS_, 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 (W0726705 DMP) Memo To: Wanda Krajicek, City Clerk Paul Eckman, City Attoney's Office From: Troy Jones, Current Planning Date: March, 11, 2003 Re: Strauss Lakes Development Annexation The applicant for the Strauss Lakes Development Annexation has revised the petition for annexation. Please replace the previous petition in your files and replace it with this revised petition.