HomeMy WebLinkAboutFOSSIL LAKE ANNEXATION NO. 4 - 33-01C - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "A"
FOSSIL LAKE ANNEXATION NO. 4
LEGAL DESCRIPTION
Fossil Lake P.U.D., Third Filing, being a re -plat of Tract B, Fossil Lake P.U.D., Second Filing, County of
Larimer, State of Colorado.
Plans for Fossil Lake P.U.D., Third Filing, as approved by Larimer County on December 28,
2001; (ii) the terms and conditions of the Subdivision and Development Agreement between
Larimer County, Colorado, and Everline, LLC, for Fossil Lake P.U.D., Third Filing, submitted to
Larimer County on December 28, 2001, (the "Development Agreement"). In the event that the
ordinance approving the annexation does not contain such provisions at the time of the
commencement of the roll call of the City Council for the vote upon second reading of such
ordinance, then this petition shall thereupon be null and void and the annexation proceedings
resulting therefrom shall automatically terminate and be of no force and effect whatsoever.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the
annexation of the Fossil Lake Annexation No. 4 described on Attachment "A." Furthermore the
Petitioner requests that Fossil Lake Annexation No. 4 be placed in the Low Density Mixed -Use
Neighborhood District (L-M-N) pursuant to the Land Use Code of the City of Fort Collins.
❑ (Check box if applicable). The Petitioner reserves the right to withdraw this Petition for
Annexation No. 4 and its signature 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 represents that it owns the area described on Attachment "A".
IN WITNESS WHEREOF, I have executed this Petition for Annexation No. 4 on the date
indicated below:
PETITIONER/OWNER: Everline, LLC, a Colorado Limited Liability Company
By: Double , a Co 0 oration, Manager
E&
By: /-zY u,Z
Davinveritt, President Date
MAILING ADDRESS
STATE OF COLORADO
COUNTY OF LARIMER
3030 S. College Ave.
Fort Collins, CO 80525
ss.
The foregoing instrument was acknowledged before me this CN4L day of January, 2002, by David
Everitt, President of Double E&G, Inc. a Colorado Corporation, as Manager of Everline, LLC, a Colorado
Limited Liability Company. /1-1
My commission expires: ��
Notary Lib
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PETITION FOR FOSSIL LAKE ANNEXATION NO.4
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 consisting of approximately 6.026 ± acres
(hereinafter referred to as the "Fossil Lake Annexation No. 4") to the City of Fort Collins. The Fossil
Lake Annexation No. 4 is more particularly described on Attachment "A" attached hereto and
incorporated herein by reference.
A. The Petitioner alleges:
1. That is desirable and necessary that the Fossil Lake Annexation No. 4 be annexed to the City
of Fort Collins.
2. That the requirements of sections 31-12-104 and 31-12-108, C.R.S., have been met.
3. That not less than one -sixth (1/6) of the perimeter of the Fossil Lake Annexation No. 4 is
contiguous with the boundaries of the City of Fort Collins, and/or with boundaries of areas
presently under the process of annexation to the City of Fort Collins.
4. That a community of interest exists between the Fossil Lake Annexation no. 4 and the City of
Fort Collins.
5. That the Fossil Lake Annexation No. 4 is urban or will be urbanized in the near future.
6. That the Fossil Lake Annexation No. 4 is integrated with or capable of being integrated with
the City of Fort Collins.
7. That the Petitioner herein comprises one hundred percent (100%) of the landowners of the
Fossil Lake Annexation No. 4, 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 obligations respecting the
constriction of water mains, sewer lines, gas mains, electric service lines, streets or any other
services or utilities in connection with the Fossil Lake Annexation No. 4 except as may be
provided by the ordinances of the City of Fort Collins.
B. As an express condition of annexation, the Petitioner consents to 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, the Fossil
Lake Annexation No. 4 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 the Fossil Lake Annexation No. 4. 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 inclusion, any right which may exist to a refund pursuant to Article X, §20
of the Colorado Constitution.
C. It is an express condition of annexation that the ordinance approving the annexation of the Fossil
Lake Annexation No. 4 shall permitted to develop in accordance with (i) the Final Plat and Utility