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HomeMy WebLinkAboutSANCTUARY ANNEXATION - 33-01M - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION Liley, Rogers & Martell, LLC, by Lucia A. Liley, an attorney licensed to practice in the State of Colorado, hereby certifies that, as of the date of this certificate, the signer of this Petition for Annexation for the area referred to as The Sanctuary, Planned Land Division Annexation to the City of Fort Collins is the owner of real property in the area proposed for annexation. Furthermore, it is certified that said owner constitutes more than fifty percent (50%) of the landowners in the area proposed for annexation, as said area is described on Attachment "A" to said Petition for Annexation, and owns more than fifty percent (50%) of the land in said area, exclusive of streets and alleys. Date Liley, Rogers and Martell, LLC A. Reg. No' 6402 ATTACHMENT "B" CIRCULATOR'S AFFIDAVTr STATE OF COLORADO )ss. COUNTY OF LARIMER 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 thereon is the signature of the person whose name it purports to be. `Circulato Signature Subscribed and sworn to before me this day of_, 2006, by -T'"IaIEDION� WITNESS my hand and official seal. Commission txpiration tary Pqblic My Commission Expires 2120107 ATTACHMENT "A" LEGAL DESCRIPTION OF THE AREA TO BE ANNEXED Lot 2, Beard Minor Land Division (04-S2261), according to the plat recorded October 21, 2004 at Reception No. 2004-0102780 upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution; (2) the ordinance approving the annexation of the Property shall recite that the development of The Sanctuary, Planned Land Division Annexation shall be governed by (a) the Final Plat and Construction Plans for The Sanctuary, Planned Land Division as approved by Larimer County; and (b) the terms and conditions of the Development Agreement for The Sanctuary, Planned Land Division between the Sanctuary Development Corp., Larimer County and the City of Fort Collins. WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the annexation of the Property. Furthermore, the Petitioner requests, pursuant to the Land Use Code of the City of Fort Collins, that the Property be placed in the Urban Estate District (U-E). The Petitioner reserves the right to withdraw this petition and its 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. The Petitioner signing this Petition represents that it owns the area to be annexed more particularly described on Attachment "A". IN WITNESS WHEREOF, I have executed this Petition for Annexation this //day of 2006. PETITIONEWOWNER: SANCTUARY DEVELOPMENT CORP., a Colorado corporation Beard, President PETITIONER/OWNER ADDRESS: 3480 Egret Court Fort Collins, CO 80528 PETITION FOR ANNEXATION 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 Sanctuary, Planned Land Division Annexation, to the City of Fort Collins. Said area, consisting of a total of approximately 15.656 acres, is more particularly described on Attachment "A" attached hereto (the "Property"). The Petitioner alleges: 1. 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 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (1/6) 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 Petitioner herein comprises more than fifty percent (50%) of the landowners in the area and 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. 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, the following are express conditions of annexation: (1) Petitioner consents to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-45-136(3.6), C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict, Petitioner's property will be subject to the same mill levies and special assessments as are levied or will be levied upon other similarly situated property in the Subdistrict at the time of inclusion of Petitioner's lands. Petitioner 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 also agrees to waive,