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HomeMy WebLinkAboutFOSSIL CREEK WETLANDS NAT. AREA - ANNEXATION & ZONING - 13-99 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION I, , `,4,,( c. Ec KI4,4 nl 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 the signers of this Annexation Petition for the area referred to as the �„c c2r-eK weTcf+wos 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 and alleys. Date Signature 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. Subscribed and sworn to before me this day of UI 1991 by T"10 V1 t S WITNESS my hand and official seal. SAID PARAGON ESTATES P.U.D.; THENCE, N 59 29' 41" W 6 10. 10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 83 14' 07" W 236.10 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 02 10'14" W 1045.07 FEET ON AND ALONG THE WESTERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D. TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, N 01 08' 46" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, N 01 08' 46" W 50.00 FEET TO A POINT OF -INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST TRILBY ROAD; THENCE, S 88 51' 14" W 568.40 FEET ON AND ALONG THE NORTHERLY RIGHT-OF- WAY LINE OF SAID EAST TIMBERLINE ROAD; THENCE, S 01 08' 46" E 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 90.43 ACRES MORE OR LESS. ATTACHMENT "A" LEGAL DESCRIPTION FOR FOSSIL CREEK WETLANDS NATURAL AREA ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 18, THE NORTHWEST -1/4 OF SECTION 17 AND THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 18 AS BEARING N 88 51' 14" E, WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 18: THENCE, N 88 51' 14" E 149.17 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 01 08' 46" E 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST TRILBY ROAD, ALSO BEING A POINT ON THE EASTERLY LINE OF THE UNION PACIFIC SOUTH FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 33' 22" E 1833.78 FEET ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A SPIRAL CURVE CONCAVE TO THE EAST WITH DEFINED LINE FROM THE POINT OF CURVATURE TO A POINT OF TANGENCE WHICH BEARS S 01 16' 28" E 186.44 FEET, A LENGTH OF 186.45 FEET, A DELTA ANGLE OF 02 27' 00", ALSO BEING ON AND ALONG THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION TO A POINT OF CURVATURE; THENCE, ALONG A TANGENT CURVE CONCAVE TO THE EAST WITH A LENGTH OF 584.41 FEET, A RADIUS OF 2092.01 FEET, A DELTA ANGLE OF 16 00' 21" AND A LONG CHORD WHICH BEARS S 11 12' 16" E. 582.52 FEET, ALSO BEING THE EASTERLY LINE OF SAID UNION PACIFIC SOUTH FOURTH ANNEXATION, TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18,; THENCE, N 89 36' 23" E 2305.90 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH TIMBERLINE ROAD; THENCE, CONTINUING N 89 36' 23" E 50.00 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 18, ALSO BEING THE NORTHERLY LINE OF SAID GREENSTONE ANNEXATION; THENCE, N 89 35' 14" E 30.00 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 17, ALSO BEING THE NORTHERLY LINE OF THE GREENSTONE ANNEXATION; THENCE, N 00 01' 35" W 1084.61 FEET ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, S 89 35' 14" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 18; THENCE, S 89 58' 25" W 50.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID SOUTH TIMBERLINE ROAD; THENCE, N 85 01' 14" W 784.30 FEET ON AND ALONG THE SOUTHERLY BOUNDARY LINE OF PARAGON ESTATES P.U.D. A SUBDIVISION IN LARIMER COUNTY; THENCE, N 65 39' 59" W 80.00 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF SAID PARAGON ESTATES P.U.D.; THENCE, N 85 01' 14" W 218.83 FEET ON AND ALONG THE SOUTHERLY BOUNDARY OF Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to -wit: See Legal Description on Attachment "A." IN WITNESS WHEREOF, I/we have executed this Petition for Annexation this % day of o 199_!�_. City of Fort Collins, Colorado A Municipal Corporation By: Q-0- 4. John F. FiAibach, City Manager City of Fort Collins, Colorado P.O. Box 580 Fort Collins, CO 80522-0580 7 PETITION FOR ANNEXATION COPY 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 Fossil Creek Wetlands Annexation to the City of Fort Collins. Said area, consisting of approximately 90.43 acres, is more particularly described on Attachment "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. 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 POL - Public Open Lands Zone District pursuant to the Land Use Code of the City of Fort Collins. ❑ (Check box if applicable.) The Petitioners reserve the right to withdraw this petition and their 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.