HomeMy WebLinkAboutTRILBY HEIGHTS ANNEXATION & ZONING - 16-00 - CORRESPONDENCE - LEGAL COMMUNICATIONTRILBY HEIGHTS SIXTH ANNEXATION
TO THE CITY OF FORT COLLINS
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15 AND THE
SOUTH HALF OF SECTION 10. ALL IN TOWNSHIP 8 NORTH, RANGE 89 WEST OF
THE 8TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,
STATE OF COLORADO.
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EXHIBIT "D"
ATTORNEY CERTIFICATION
I, Lucia A. Liley, 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, Colorado and have
verified that Dalco Land, L.L.C., as a signer of this Annexation Petition for the area referred to as
the Trilby Heights Sixth Annexation to the City of Fort Collins, is an owner of real property in the
area proposed for annexation. Furthermore, I certify that said owner constitutes more than fifty
percent (50%) of the landowners in the area proposed for annexation, as said area is described on
Exhibit "A" of said Annexation Petition, and own more than fifty percent (50%) of the land in said
area, exclusive of streets and alleys.
Date
F:\WPC\LAUDALCO\Ann"ation\Exhibitt D 4/5/00
Signature Attorney Reg. No.
EXHIBIT "C-2"
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath, states:
That (s)he was the circulator of the attached Petition for Annexation and that the signature
of John Fischbach, City Manager of the City of Fort Collins, Colorado, is the signature of the person
whose name it purports to be.
--'�yv'f lz4ez"
Circulator
Subscribed and sworn to before me this / 9 day of L.� At-% 2000, by W . � w %
LC K M << n
WITNESS my hand and official seal.
r� / �. /'z 01, i
Commission Expiration
F:\WPCU-AUDALCO\AnnexationNExhibit C-2 4/5/00
Notary Public
EXHIBIT "C-1"
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath, states:
That (s)he was the circulator of the attached Petition for Annexation and that the signature
of Ed Zebrowski, Manager of Dalco Land, L.L.C., is the signature of the person whose name it
purports to be.
tz
/7 Subscribed and sworn to before me thi4� day of .� �L�" , 2000, by /
G/
WITNESS my hand and official seal.
Expiration
F:\WPC\LAL\DALCO\Annexation\Exhibit C-1 415/00
SA
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EXHIBIT
1 C3 - z
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: CITY
A tract of land located in the West Half of Section 15, Township 6 North, Range 69 West
of the 6' Principal Meridian, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
Commencing at the North Quarter corner of said Section 15; thence along the East line of
said Northwest Quarter, South 00°03'24" East, 4312.83 feet to the POINT OF
BEGINNING; thence continuing along said East line, South 00°03'24" West, 927.54 feet
to a point being the South Quarter corner of said Section 15; thence along the South line
of the Southwest Quarter of said Section 15, South 89°05'51" West, 39.01 feet; thence,
North 00°03'24" East along a line parallel with and 39.00 feet West of the West line of
the East Half of said Section 15 a distance of 911.38 feet; thence, North 66°44'01" East,
42.48 feet to the Point of Beginning.
The above described tract of land contains 0.823 acres more or less and is subject to all
easements and rights -of -way now on record or existing.
March 15, 2000
City.doc
jaa
NEW YORK • PENNSYLVANIA
COLORADO • UTAH • WYOMING
STANDARDS IN EXCELLENCE EOUAL OPPORTUNITY EMPLOYER
e:
EXHIBIT
THE SEAR -BROWN GROUP
FULLrSERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: DALCO
A tract of land located in the West Half of Section 15, Township 6 North, Range 69 West
of the 6' Principal Meridian, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
Commencing at the North Quarter comer of said Northwest Quarter; thence along the
East line of said Northwest Quarter, South 00°03'24" East, 30.00 feet to the POINT OF
BEGINNING; thence continuing along said East line, South 00°03'24" West, 4282.83
feet; thence, South 66°44'01" West 42.48 feet; thence North 00°03'24" East along a line
parallel with and 39.00 feet West of the west line of the East Half of said Section 15 a
distance of 3011.81 feet to a point on the South line of the North Half of the Northwest
Quarter of said Section 15; thence, South 89°32' 10" West along said South line of the
North Half of the Northwest Quarter of said Section 15 a distance of 5.20 feet; thence,
North 00°34'58" East, 1287.61 feet to a point on the Southerly line of Trilby Road;
thence along said Southerly line, North 89°28' 18" East, 32.38, to the Point of Beginning.
The above described tract of land contains 3.821 acres more or less and is subject to all
easements and rights -of -way now on record or existing.
871-002
delco.doc
March 15, 2000
jaa
NEW YORK•PENNSYLVANIA
COLORADO•UTAH•WYOMING
STANDARDS IN EXCELLENCE
EQUAL OPPORTUNITY EMPLOYER
EXHIBIT
A
THE SEAR -BROWN GROUP
FULL -SERVICE DESIGN PROFESSIONALS
209 SOUTH MELDRUM
FORT COLLINS, COLORADO 80521-2603
970-482-5922 FAX:970-482-6368
DESCRIPTION: AREA TO ANNEXED
A tract of land located in the West Half of Section 15 and South Half of Section 10 all in
Township 6 North, Range 69 West of the 6' Principal Meridian, County of Larimer, State
of Colorado, being more particularly described as follows:
Considering the East line of the Northwest Quarter of said Section 15 as bearing South
00°03'24" West and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter comer of said Section 15; thence along the East line of
said Northwest Quarter, South 00°03'24" West, 5240.38 feet to the South Quarter corner
of said Section 15; thence along the South line of the Southwest Quarter of said Section
15, South 89°05'51" West, 39.01 feet; thence North 00°03'24" East along a line parallel
with and 39.00 feet West of the West line of the East Half of said Section 15 a distance of
3923.19 feet to a point on the South line of the North Half of the Northwest Quarter of
said Section 15; thence, South 89°32' 10" West along said South line of the North Half of
the Northwest Quarter of said Section 15 a distance of 5.20 feet; thence, North 00°34'58"
East, 1287.61 feet to a point on the Southerly line of Trilby Road; thence, North
00°34'58" East, 60.01 feet to a point on the Northerly line of said Trilby Road; thence,
along said Northerly line, North 89°28' 18" East, 2720.92 feet; thence South 00°00'07"
East, 30.00 feet to the Northeast corner of said Section 15; thence, South 89'28' 18' West,
along the North line of the Northeast Quarter of said Section 15, 2689.12 feet to the Point
of Beginning.
The above described tract of land contains 6.541 acres more or less and is subject to all
rights -of -way now on record or existing.
871-002
anex.doc
March 15, 2000
jaa
NEW YORK•PENNSYLVANIA
COLORADO•UTAH•WYOMING
STANDARDS IN EXCELLENCE
EQUAL OPPORTUNITY EMPLOYER
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Exhibit "A" as more particularly described below:
"See Legal Descriptions of individual parcels on
Exhibit `B-1' and Exhibit `B-2'."
�7�WITNESS WHEREOF, I have executed this Petition for Annexation this ('day of
, 2000.
PETITIONER/OWNER: DALCO Land Limited Liability Company, a
Colorado limited liability company,
By: US Home ra n, a Delaware
Ed Zebrows ice President
Mountain Op&ations Land Division
6000 Greenwood Plaza Blvd., Ste. 200
Address
Englewood, CO 80111
City State Zip
IN WITNESS WHEREOF, I have executed this Petition for Annexation this � day of
t, 2000.
PETITIONER/OWNER: THE CITY OF FORT COLLINS, a
municipal corporation
By: Q� I. /Ljz-�z
John F schbach, City Manager
300 Laporte Avenue
Address
Fort Collins. CO 80524
City State Zip
PETITION FOR ANNEXATION
THE UNDERSIGNED, Dalco Land, L.L.C., a Colorado limited liability company ("Dalco"),
and The City of Fort Collins, Colorado, a municipal corporation ("City"), hereinafter referred to
collectively 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 Trilby Heights Sixth Annexation to the City of
Fort Collins. Said area, consisting of a total of approximately 6.541 acres, is more particularly
described on Exhibit "A" attached hereto.
The Petitioners allege:
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.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve
the annexation of the areas described onExhibit "A". Furthermore, the Petitioners request that
approximately 5.718 acres of said area be placed in the Low Density Mixed -Use Neighborhood (L-
M-N) Zone District, and that approximately .823 acres of said area be placed in the Urban Estate (U-
E) Zone District, pursuant to the Land Use Code of the City of Fort Collins.
RECEIVED
APR 17 2000
MARCH & LILEY, P.C.
ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW
LUCIA A. LILEY 110 E. OAK STREET
J. BRADFORD MARCH FORT COLLINS, COLORADO 80524-2880
(970) 482-4322
Fax (970) 482-5719
April 17, 2000
Mr. John Fischbach, City Manager
City of Fort Collins
300 Laporte Avenue
Fort Collins, CO 80521
Re: Trilby Heights Sixth Annexation
Dear John:
CITY MANAGER
ARTHUR E. MARCH
1908-1981
VIA HAND DELIVERY
This firm represents Dalco Land, L.L.C., the owner and developer of the Registry Ridge
P.U.D. After discovering that a narrow strip of land along and inside the western boundary of the
Registry Ridge P.U.D. First and Third Filings, lies outside of the City limits, Bob Blanchard
requested that we annex the property to correct the error. Because the City had purchased part of
Registry Ridge for open space in 1997, we agreed with Bob Blanchard to include the City's property
on this annexation plat and list the City as a co -petitioner.
Bob Blanchard is out of town, but advised us before he left that we could submit the Petition
for Annexation directly to you for signature, instead of waiting for Bob's return on April 24th. We
are, therefore, enclosing the original Petition for Annexation for your review and signature. Please
note that a Circulator must witness your signature and sign on Exhibit C-2, and that the Circulator's
signature must be notarized. I have also enclosed a reduce copy of the proposed Annexation plat for
your reference.
Please let us know when we can pick up the signed Petition for Annexation. Dalco Land,
L.L.C. is anxious to complete the annexation procedure, to prevent any possible delay in construction
in the First Filing. Thank you for your assistance, and please call if you have questions.
Sincerely,
LAL/jpk
Enclosures
PC: Bob Blanchard, Director of Current Planning
Paul Eckman, Deputy City Attorney
Tom Shoemaker, Natural Resources
City ! irney
City of Fort Collins
April 18, 2000
Lucia Liley, Esquire
MARCH & LILEY, P.C.
110 E. Oak Street
Fort Collins, CO 80524-2880
RE: Trilby Heights Sixth Annexation
Dear Lucia:
In response to your April 17, 2000, letter to John Fischbach regarding the above -referenced
matter, enclosed please find the executed Petition for Annexation as you requested. I believe that
the petition is all completed now except for Exhibit "D".
Si e ely,
W. Paul Eckman
Deputy City Attorney
WPE:med
Enclosure
cc: Bob Blanchard, Current Planning Director
Tom Shoemaker, Natural Areas Director
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327