HomeMy WebLinkAboutSWIFT ADDITION TO FOSSIL LAKE P.U.D. - ANNEXATION & ZONING - 33-01J - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONI=Y W KX9189 lM _WW-M
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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 Swift Addition to Fossil Lake P.U.D. 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.
Liley, Rogers and Martell, LLC
14 �2, G- 3 By:
Date ! .
Reg. No.:
FAChent FileALADLALWmil Lake AmexationsTetition for Annexation-SwiRAdditio doc
ATTACHMENT "D"
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.
jj I
r,�4Circu'ature
Subscribed and sworn to before me this' day o2003, by 917V
WITNESS my hand and official seal.
7 a f a5- garlE<
Commission Expiration . �'~ Notary Public
NOTARY
•
PUBLIC
`�'�.._ QF� .
THENCE South 01°50'52" East a distance of 177.54 feet;
THENCE; South 03°01'30" East a distance of 182.43 feet
THENCE South 03°44'25" East a distance of 127.99 feet;
THENCE North 89059'20 West a distance of 1718.03 feet;
THENCE North 00°00'42" East a distance of 192.61 feet to the West line of the Southeast
Quarter of said Section 9;
THENCE along said West line North 00°00'42" East a distance of 504.03 feet to the POINT OF
BEGINNING.
Said parcel contains 28.045 Acres more or less (±), and is subject to any rights -of -way or other
easements of record or as now existing on said described parcel of land.
ATTACHMENT "C"
LEGAL DESCRIPTION OF
THE AREA TO BE ZONED U-E
A parcel of land being a part of the East Half of Section Nine (9), Township Six North (T.6N.),
Range Sixty-eight West (R.68W.), of the Sixth Principal Meridian (6t" P.M.), County of Larimer,
State of Colorado and being more particularly described as follows:
COMMENCING at the Center — North Sixteenth Corner of said Section 9 and assuming the
West line of the Northeast Quarter (NE1/4) of said Section 9 to bear North 00°00'42" East, with
all other bearing herein relative thereto:
THENCE South 00°00'42" West along said West line a distance of 815.71 feet to the POINT
OF BEGINNING;
THENCE South 90°00'00 East a distance of 365.37 feet to a Point of Curvature (PC);
THENCE along the are of a curve concave to the Southwest a distance of 196.35 feet, whose
radius is 250.00 feet, whose delta is 45°00'00", and whose long chord bears South 67'30'00"
East a distance of 191.34 feet to a Point of Curvature (PT);
THENCE South 45°00'00 East a distance of 228.51 feet;
THENCE North 45°00'00 East a distance of 129.68 feet to a PC;
THENCE along the arc of a curve concave to the Southeast a distance of 115.04 feet, whose
radius is 250.00 feet, whose delta is 26°21'52" and whose long chord bears North 58°10'56"
East a distance of 114.03 feet to a PT;
THENCE North 71°2V52" East a distance of 459.62 feet to a point on a curve, said curve being
non -tangent to the aforesaid line;
THENCE along the are of a curve concave to the Southwest a distance of 56.78 feet, whose
radius is 850.00 feet, whose delta is 03°49'37" and whose long chord bears South 16°43' 19"
East a distance of 56.77 feet;
THENCE North 75'11'29" East along a line being non -tangent to the aforesaid curve a distance
of 150.00 feet to a point on a curve, said curve being non -tangent to the aforesaid line;
THENCE along the arc of a curve concave to the Southwest a distance of 292.62 feet, whose
radius is 1000.00 feet, whose Delta is 16°45'58", and whose long chord bears South 23°11'30"
East a distance of 291.58 feet;
THENCE North 58°25'31" East along a line being non -tangent to the aforesaid curve a distance
of 222.47 feet;
THENCE South 41°07'09" East a distance of 51.38 feet;
THENCE South 39°26'21" East a distance of 87.37 feet;
THENCE South 30°04' 10" East a distance of 23.94 feet;
THENCE South 26°19'46" East a distance of 30.78 feet;
THENCE South 15°14'54" East a distance of 35.16 feet;
THENCE South 00°51' 15" East a distance of 169.13 feet;
THENCE South 00°43'24" East a distance of 284.51 feet;
West a distance of 191.34 feet a PT;
THENCE North 90°00'00" West a distance of 365.37 feet to the West line of the Southeast
Quarter (SE1/4) of Section 9;
THENCE along said West line North 00°00'42" East a distance of 815.71 feet to the POINT OF
BEGINNING.
Said parcel contains 27.127 Acres more or less (±), and is subject to any rights -of -way or other
easements of record or as now existing on said described parcel of land.
ATTACHMENT "B"
LEGAL DESCRIPTION OF
THE AREA TO BE ZONED L-M-N
A parcel of land being a part of the East Half of Section Nine (9), Township Six North (T.6N.),
Range Sixty-eight West (R.68W.), of the Sixth Principal Meridian (6t' P.M.), County of Larimer,
State of Colorado and being more particularly described as follows:
BEGINNING at the Center —North Sixteenth Corner of said Section 9 and assuming the West
line of the Northeast Quarter (NEl/4) of said Section 9 to bear North 00000'42" East, with all
other bearing herein relative thereto:
THENCE North 00°00'42"
East along said West line a distance of 5.49 feet;
THENCE South 88°26'32"
East a distance of 1069.47 feet;
THENCE South 01°43'09"
West a distance of 27.61 feet;
THENCE South 63°50'53"
East a distance of 183.24 feet;
THENCE South 65'25' 19"
East a distance of 23.40 feet;
THENCE South 66*31'50"
East a distance of 62.22 feet;
THENCE South 62°33'25"
East a distance of 55.01 feet;
THENCE South 54°24'46"
East a distance of 57.87 feet;
THENCE South 47°28'54"
East a distance of 109.70 feet;
THENCE South 42°35'35" East a distance of 82.87 feet;
THENCE South 41°07'09" East a distance of 30.14 feet;
THENCE South 58125'31" West a distance of 222.47 feet to a point on a curve, said curve being
non -tangent to the aforesaid line;
THENCE along the arc of a curve concave to the Southwest a distance of 292.62 feet, whose
radius is 1000.00 feet, whose Delta is 16°45'58", and whose long chord bears South 23'11'30"
East a distance of 291.58 feet;
THENCE South 7591'29" West along a line being non -tangent to the aforesaid curve a distance
of 150.00 feet to a point on a curve, said curve being non -tangent to the aforesaid line;
THENCE along the arc of a curve concave to the Southwest a distance of 56.78 feet, whose
radius is 850.00 feet, whose delta is 03°49'37", and whose long chord bears North 16°43' 19"
West a distance of 56.77 feet;
THENCE South 71°21'52" West along a line being non -tangent to the aforesaid curve a distance
of 459.62 feet to a Point of Curvature (PC);
THENCE along the arc of a curve concave to the Southeast a distance of 115.04 feet, whose
radius is 250.00 feet, whose delta is 26°21'52" and whose long chord bears South 58'10'56"
West a distance of 114.03 feet a Point of Tangency (PT);
THENCE South 45°00'00" West a distance of 129.68 feet;
THENCE North 45°00'00" West a distance of 228.51 feet to a PC;
THENCE along the arc of a curve concave to the Southwest a distance of 196.35 feet, whose
radius is 250.00 feet, whose delta is 45°00'00", and whose long chord bears North 67°30'00"
Attachment A
PROPERTY DESCRIPTION
A parcel of land being a part of. the East Half of Section Nine (9), Township Six North (T.6N.),
Range Sixty-eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Larimer,
State of Colorado and being more particularly described as follows:
BEGINNING at the Center Quarter Corner:of,said Section 9 and assuming the West line of the
Northeast Quarter (NEl/4) of said Section 9 to 'liear North 00000'42" East, with all other bearing
herein relative thereto:
THENCE North 00100'42" East along the West line of the Southwest Quarter of said NE1/4 a
distance of 1319.74 feet to the Center North Sixteenth (CN1/16) of said Section 9;
THENCE continuing North 00°00'42" East along thcW,est line of the Northwest Quarter of said
NE114 a distance of 5.49 feet;
THENCE South 88°26'32" East a distance of 1069.47 feet;
THENCE South 01043'09" West a distance of 27.61 feet;
THENCE South 63°50'53" East a distance of 183.24 feet;
THENCE South 65°25' 19" East a distance of 23.40 feet;
THENCE South 669150" East a distance of 62.22 feet;
THENCE South 62°33'25" East a distance`of55:01 feet;
THENCE South 54°2446" East a distance of 57.87 feet;
THENCE South 47°28'54" East a distance of 109.70 feet;
THENCE South 42°3535" East a distance of 82.87 feet;
THENCE South 41 °07'09" East a distance of 81.52 feet;
THENCE South 39°26'21" East a distance of 87.37 feet;
THENCE South 30°04'10" Pasta distance of 23.94 feet,
THENCE South 26°19'46" East a distance of 30.78 feet;
THENCE South 15014'54" East a distance of 35.16 feet;
THENCE South 00051'15" East a distance of 169.13 feet;
THENCE South 00°4324" East a distance of 284.51 feet;
THENCE South 01 °50'52" East a distance of 177.54 feet;
THENCE South 03*01'30" East a distance of 182.43 feet;
THENCE South 03°44'25" East a distance of 127.99 feet;
THENCE North 89059'20" West a distance of 1718.03 feet to the West line of the Southeast
Quarter (SE 1/4) of Section 9;
THENCE along said West line North 00°00'42" East a distance of 192.61 feet to the POINT OF
BEGINNING.
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 Swift Addition to Fossil Lake P.U.D. shall be governed by (a) the Final Plat and
Construction Plans for the Swift Addition to Fossil Lake P.U.D. as approved by Larimer County; and
(b) the terms and conditions of the Fossil Creek Area Development Agreement for Swift Addition to
Fossil Lake P.U.D. between FL -Swift, L.L.C. and the City of Fort Collins dated 3 • Z!o • 03 .
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 area described on Attachment `B" attached hereto be placed in
the Low Density Mixed -Use Neighborhood District (L-M-N) and the area described on Attachment
"C" attached hereto be placed in the Urban Estate District (U-E).
0 (Check box if applicable). 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 portions of the area to be
annexed more particularly described on Attachment "A".
IN WITNESS WHEREOF, I have executed this Petition for Annexation this $ day of
-{ , 2003.
PETITIONER/OWNER:
FL -SWIFT, L.L.C., a Colorado limited liability
Company
By: . Double E&G, Inc., a Colorado
corporation, Managing Member
By:
iu'"`�1
tanley K Everitt, Vice President
PETITIONER/OWNER ADDRESS:
3030 South College Avenue
P.O. Box 2125
Fort Collins, CO 80522
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
Swift Addition to Fossil Lake P.U.D. Annexation, to the City of Fort Collins. Said area, consisting
of a total of approximately fifty-five (55) acres, is more particularly described on Attachment 11 A
attached hereto (the "Property").
The Petitioner alleges:
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.
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.
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.
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, upon