HomeMy WebLinkAboutFOSSIL LAKE ANNEXATION NO. 1 - 33-01 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONEXHIBIT A
ANNEXATION #1 LEGAL DESCRIPTION
Annexation One (1)
A parcel of land located in the Northwest Quarter (NW1/4) of Section Nine (9) and the Southwest
Quarter (SWI/4) of Section Four (4). Township Six North (UN.), Range Sixty—eight West (R.68W.) of
the Sixth Principal Meridian (6th P.M.), County of Lorimer. State of Colorado and being more
particularly described as follows:
BEGINNING at the North Quarter (N1/4) Corner of said Section 9 and assuming the North line of sold
NW1/4 to bear North 87(59'40" West with all bearings here in relative thereto:
THENCE South 00'00'42" West along the
THENCE North 89'59'18" West a distance
THENCE North 00'00'42" East a distance
THENCE North 87'59'40" West a distance
THENCE North 02'00'20' East a distance
Lorimer County Road (LCR) 136;
THENCE South 87'59'40" East along said
THENCE South 00'00'42" West a distance
West line of said NW1/4 a
of 28.55 feet;
of 1904.00 feet;
of 667.44 feet;
of 72.00 feet to the North Right —of —Way (ROW) of
distance of 1945.03 feet;
North ROW a distance of 693.50 feet;
of 30.02 feet to the POINT OF BEGINNING.
Said Annexation 1 contains 2.396 acres more or less W.
of collateral, provision of applicable construction warranties and guarantees and payment of City inspection
fees.
2.4 Building Permits. Prior to the effective date of the annexation of the Property to the City,
all applications for building permits or issuance of building permits shall be in accordance with County
procedures and subject to County fees. Thereafter, all such applications for, and issuance of, building
permits shall be in accordance with City procedures and subject to City fees for the same, provided that
nothing herein shall be construed to permit the imposition of a City requirement inconsistent with the
approved Utility Plans, the terms of the SDAs or this Petition for Annexation #1.
2.5 Certificates of Occupancy. With regard to any building permits which are issued prior to
the effective date of the annexation of the Property to the City, the County and the City shall mutually
agree which entity shall issue the certificate of occupancy therefor. In the event the County and the City do
not reach agreement, such certificates of occupancy shall be issued by the County.
2.6 Third -Party Reimbursements. The Petitioner shall be entitled to all third -party
reimbursements for which it may be eligible under the City's Municipal Code, provided that the Petitioner
agrees to indemnify the City from all costs, including attorneys' fees, in connection with any litigation
which is filed challenging such reimbursement obligation.
2.7 Vested Rights. Extended vested rights have been granted to the Property in accordance with
applicable provisions of the SDAs. The City specifically acknowledges and agrees to abide by the terms of
such vested rights granted Petitioner in connection with development of the Property.
3. City as Successor. Upon completion of the annexation of the Property to the City, the City shall be
deemed a successor to the County and shall be subject to all rights and obligations of the County thereunder.
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ATTACHMENT "B"
TO THE PETITION FOR ANNEXATION #1
CONDITIONS OF ANNEXATION
1. Annexation. The annexation of the Property to the City of Fort Collins, Colorado ("City") shall be subject
to the terms and conditions of this Petition for Annexation #1, including this Attachment "B", and the Subdivision
Development Agreements between Larimer County, Colorado ("County") and Everline, LLC ("Petitioner") for
Fossil Lake P.U.D., First Filing (recorded 6/7/99 at Reception #99049838) and Fossil Lake P.U.D., Second Filing
(recorded 7/11/01 at Reception #2001056411), collectively referred to herein as the "SDAs".
2. Special Conditions. In the event that the Property is annexed to the City, the following special conditions
shall apply together with other applicable terms and conditions the SDAs, and such special conditions shall be
incorporated as conditions into Petition for Annexation #1, Petition for Annexation #2 and Petition for Annexation
#3 as hereinbelow defined:
2.1 Petitions for Annexation. Annexation of the Property shall be accomplished in a series of
three (3) consecutive annexations, as set forth in Petition for Annexation #1, Petition for Annexation #2 and
Petition for Annexation #3, in order to meet statutory contiguity requirements. This Petition for
Annexation #1 shall only be effective in the event that Petition for Annexation #2 and Petition for
Annexation #3 are also approved by the City. It is an express provision of this Petition for Annexation #1
that, in the event the City annexes the Property, it shall be permitted to develop in accordance with the
SDAs, the approved Final Plat and Utility Plans for Fossil Lake P.U.D. and the terms of this Petition for
Annexation #1, and such development shall not be subject to additional City land use regulations
(including, but not limited to, the general development standards of the City's Land Use Code) unless an
amendment to such plans is sought after annexation by the Petitioner.
In the event the City does not complete the annexation of the Property in conformance with the
terms of the SDAs and this Petition for Annexation #1, the Petitioner shall have the right to develop in the
County in accordance with the terms of the SDAs and the general rules and regulations for development in
the County.
2.2 Annexation Fees and Costs. The Petitioner shall pay to the City one annexation filing fee
for the processing of Petition for Annexation #1, Petition for Annexation #2 and Petition for Annexation #3
and shall also pay the cost of required annexation maps and legal descriptions in connection with the
annexation of the Property.
2.3 Public Infrastructure, Construction Standards, Collateral, Inspection Fees and Warranties.
Except as otherwise set forth herein, any development parcel or construction phase within the Property for
which the Petitioner has undertaken installation of public improvements on the effective date of the
annexation of the Property to the City shall be permitted to continue such installation in accordance with
the approved Utility Plans and County procedures and requirements as described in the SDAs. Such
installation of infrastructure improvements shall not be subject to City requirements for the same except
that collateral to ensure completion of public improvements shall be posted with the County, and upon the
effective date of the annexation of the Property to the City, such collateral shall be assigned to the City.
With regard to any development parcel within the Property for which the Petitioner has
not undertaken installation of public improvements on the effective date of the annexation of the Property
to the City, the installation of such improvements shall be in accordance with the approved Utility Plans.
The City shall impose no additional standards or requirements in connection with the approved Utility
Plans, but such development parcel shall comply with all applicable City procedural and fee requirements
for such improvements, including, but not limited to, obtaining a development construction permit, posting
"L-M-N" Zone, as delineated on the Annexation Map and pursuant to the Land Use Code of the City.
The Petitioner signing this Petition for Annexation #1 represents that it owns more than 50% of
the area described on Attachment "A".
IN WITNESS WHEREOF, the undersigned has executed this Petition for Annexation #1 this
day of _/�u��oy,, 2001.
PETITIONER/OWNER:
EVERLINE, LLC, a Colorado limited liability company
By: DOUBLE E&G, INC., Manager
By:
Stanley Z. Everitt, Vice President
3030 S. Colleee Ave.
Fort Collins, CO 80525
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PETITION FOR ANNEXATION #1
THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the Council of
the City of Fort Collins, Colorado for the annexation of an area to be referred to as the Fossil Lake PUD P1111% 1 i1Nt )4,1
to the City of Fort Collins ("City"). Said area, consisting of approximately 2.396 acres, is more
particularly described on Attachment "A", attached hereto and incorporated herein by reference (the
"Property").
A. The Petitioner alleges:
1. That it is desirable and necessary that such area be annexed to the City.
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.
4. That a community of interest exists between the area proposed to be annexed and
the City.
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.
7. That the Petitioner herein owns more than fifty percent (50%) of the area to be
annexed, excluding public streets, alleys and lands owned by the City of Fort
Collins.
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8. That landowners constituting more than fifty percent (50%) of the landowners
the area are subject to a covenant running with the land which affirmatively
consents to the annexation of the Property to the City.
9. That the City 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 ordinances of the City.
B. This Petition for Annexation #1 is specifically subject to those conditions of annexation
set forth in Attachment `B", attached hereto and incorporated herein by reference, which
shall be incorporated into the ordinance annexing the Property (the "Annexation
Ordinance").
C. The Petitioner reserves the right to withdraw this Petition for Annexation #1 prior to the
hearing on second reading of the Annexation Ordinance only in the event that the City
fails to adopt the Annexation Ordinance with the conditions set forth in Attachment `B".
WHEREFORE, said Petitioner requests that the Council of the City approve the annexation of the
area described on Attachment "A". Furthermore, the Petitioner requests that said area be placed in the