HomeMy WebLinkAboutARBOR SOUTH PROPERTIES - ANNEXATION & ZONING - 38-00 - CORRESPONDENCE - MEMO / A & Z PUBLIC HEARINGSSPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that ARBOR PROPERTIES, LTD., a Colorado limited
partnership ("Principal'), does hereby make, constitute and appoint JAMES L. SELL, with full power of
substitution, its lawful attorney -in -fact and agent ("agent") for it and its name and on its behalf, to do any of
the following acts and things as fully as it might or could do if acting on its own behalf.
1. To sign all documents necessary and appropriate to the proposed annexation and development of the
property owned by Arbor Properties, Ltd. with the City of Ft. Collins, including any applications, plans,
certifications or related instruments or documents; and
2. To perform all matters and things, transact all such business, and acknowledge all suchinstruments
which may be necessary or proper to effectuate the annexation or development of such property, and
generally to act for Arbor Properties, Ltd. in all- matters affecting the annexation or development of such
property with the same force and effect and to all intents and purposes as though it were acting for itself.
THIS POWER OF ATTORNEY is executed and delivered in the State of Colorado and is to be
construed pursuant to the laws of that State.
THE POWER AND AUTHORITY granted by this instrument shall be in full force and effect until
December 31, 2000, at which time it will terminate.
IN WITNESS WHERE�F, the undersigned general partner of Arbor Properties, Ltd. has hereunto
3/set his hand and seal this � - day of _ 1 U pis 2000.
ARBOR PROPERTIES, LTD.
FAI
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
On , 2000, before me, the undersigned, a Notary Public in and for said
County and State, pers Wally appeared J. PAUL HEFFRON, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he executed the same.
Witness my hand and official seal.
Notary Public
My commission expires: /2 30 / a
(W06948301LC)
ATTACHMENT "C"
/A�TjT.ORNEY CERTIFICATION
I> L �r, / l AiL6w , 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,
Arm/ ipfo of rado nh�ve verified that the signers of this Annexation Petition for the area referred to as the
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 Petition, and
own more than 50% of the land in said area, exclusive of streets an alleys.
L3 /L4-
Date ignature Attorney Reg. No.
ATTACHMENT "B"
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 therein is
the signature of the person whose name it purports to be.
bscribed and swo to before me this day of / , 2000, by
WITNESS my hand and official seal.
�II02•
Commission Expiration No lic
U
My ummisslon Eom o2ij irm 02
Ord:r Number: 200062638
ATTACHMENT "A"
LEGAL DESCRInION
A TRACT OF LAND LYING THE NORTHEAST 1/0 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
TO WIT:
ASSUMING THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEARS S DO
DEGREES 47100" W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69
.WEST OF THE 6TH _PRINCIPAL MERIDIAN THENCE RUN S 00 DEGREES 47'00" W ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST
OF THE 6TH PRINCIPAL MERIDIAN FOR A DISTANCE OF 1445.63 FEET;
THENCE LEAVING SAID EAST LINE RUN N 88 DEGREES 52'00" W FOR A DISTANCE OF
47.36 FEET TO A POINT ON THE WEST RIGHT OF WAY ON U.S. HIGHWAY #287 SAID POINT
ALSO BEING THE POINT OF BEGINNING;
THENCE RUN SOUTH 00 DEGREES 51.26" W ALONG SAID WEST RIGHT OF WAY FOR A
DISTANCE OF 485.66 FEET;
THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 87 DEGREES 58'53" W FOR A
DISTANCE OF 613.06 FEET;
THENCE RUN 01 DEGREES 10'45" W FOR A DISTANCE OF 112.05 FEET TO A POINT ON
THE NORTH LINE OF MCCLANAHAN FIRST ANNEXATION SAID POINT ALSO BEING ON THE EAST
RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE RUN N 88 DEGREES 55'26" W ALONG SAID NORTH LINE FOR A DISTANCE OF
54.05 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE LEAVING SAID NORTH LINE RUN N 01 DEGREES 10'20" E FOR A DISTANCE OF
29.91 FEET;
THENCE RUN N 88 DEGREES 44134" W FOR A DISTANCE OF 246.66 FEET TO A POINT ON
THE WEST RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD;
THENCE RUN N 00 DEGREES 53.00" E ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE
OF 600.98 FEET TO A POINT ON THE SOUTH LINE OF SPRADLEY BARR ANNEXATION;
THENCE LEAVING SAID WEST RIGHT OF WAY RUN S 88 DEGREES 52'00" E ALONG SAID
SOUTH LINE FOR A DISTANCE OF 913.19 FEET TO THE POINT OF BEGINNING.
Containing 11,255 acres more or less and being subject to all easements,
reservations, restrictions, and rights of way of record.
TUs 1:45 PM STEWART TITLE P Q
Ji l as Agent and Attorney In Fact for Petitioner
750 17'' Street
Address
Boulder, Colorado 80302
City State Zip
Petitioner's/Owner's Signature
Address
City
SEE ATTACHMENT "A"
State Zip
r
PETITION 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 _ Arbor Properties, Ltd.
Annexation to the City of Fort Collins. Said area, consisting of approximately Eleven and one quarter
acres, is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
I. 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 31-12-105, 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 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 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.
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, 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(3.6) C.R.S., 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 such mill levies and special assessments as it has the authority to impose.
Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X,
§20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of 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 C Zone District pursuant to the Land Use Code of the City of Fort Collins.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment "A" as more particularly described below:
See Attachment "A"
IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this 1 ls' day of
September 2000
J. Paul Heffron and Associates
H. Districts providing service in the area to be annexed which must be notified by
the City Clerk by certified mail of the annexation request no later than 25 days before
the Public Hearing on the annexation.
X Poudre R-1 School District
Thompson R2-J School District
_x_ Poudre Fire Authority
_x_ Poudre Valley Hospital
_x_ Larimer County Pest Control
City of Fort Collins Water Utility
City of Fort Collins Wastewater Utility
Boxelder Sanitation District
Cherry Hills Sanitation District
Mountain View Sanitation District
X South Fort Collins Sanitation District
East Larimer Water District
$ Fort Collins -Loveland Water District
x Northern Colorado Water Conservancy District
Sunset Water District
West Fort Collins Water District
Public Service Company
�NTL i
Poudre Valley REA, Inc. — PwA QvT T'a gE SEKVC"O
aY c�Ty uTizfry (ti6HT t row6x) vPo�l
ANIut )CATr eN .
Area to be annexed in located within the Urban Growth Area (UGA).
Yes
No
MEMORANDUM
TO: Steve Roy, City Attorney
Paul Eckman, City Attorney
Wanda Krajicek, City Clerk
Greg Byrne, Director of CPESS
FROM: Ted Shepard, Chief Planner" ' ,
DATE: February 13, 2001
SUBJECT: Scheduling of Public Hearings Before the City Council
Listed below are the key public hearing dates and other pertinent information for the
specifically described project.
A. Project Name: Arbor South Annexation and Zoning
B. Project Number: #38-00
C. Request: Annexation and Initial Zoning to the C, Commercial Zone District
D. Type of Annexation: 100% Voluntary
E. Petition and Legal Description Attached: Yes
F. Planning and Zoning Board Hearing Date: February 1, 2001
Recommendation:
Approval by a Vote of - O
Conditional Approval by a Vote of
Denial by a Vote of
G. Public Hearing Dates before the City Council:
Resolution Finding Significant Compliance - January 16, 2001
Public Hearing and First Ordinance Readings - April 17, 2001
Public Hearing and Second Ordinance Readings - May 1, 2001
Effective Date of Annexation (10 days after Second Reading) - May 11, 2001