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HomeMy WebLinkAboutTRAILHEAD ANNEXATION & ZONING - 43-02 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION Michael A. Maxwell , an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the Trailhead Annexation to the City of Fort Collins are the 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. October 15, 2002 Date 8755 Signature { Attorney Reg. No. Michael A. Maxwell Hasler, Fonfara and Maxwell LLP 125 South Howes Street, Sixth Floor Fort Collins, CO 80521 (970) 493-5070 STATE OF COLORADO )ss. COUNTY OF LARIMER ATTACHMENT "B" 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. Circulator's Signature Subscribed and sworn to before me this day of 2_ by Am &omb WITNESS my hand and official seal. Corhmi6sion Expiration lNofafy Publics ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PM LYING SOUTHEASTERLY OF THE COLORADO AND NORTHERN RAILROAD RIGHT OF WAY TOGETHER WITH A PORTION OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 4, LYING WESTERLY OF THE LARIMER AND WELD CANAL EASEMENT (EATON DITCH), ALL WITHIN THE COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 4, BEING MONUMENTED AT THE SOUTH END BY A 2" ALUMINUM CAP STAMPED "LS 25372, 1996" AND AT THE NORTH END BY A 3-1/4" ALUMINUM CAP STAMPED "LS 17502", IS ASSUMED TO BEAR S00°02'44W", WITH A DISTANCE OF 2600.57 FEET, BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4, THENCE N00019'44"E, ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 4, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY OF EAST VINE DRIVE AND THE POINT OF BEGINNING; THENCE N00019'44"E, CONTINUING ON SAID WEST LINE, A DISTANCE OF 737.13 FEET, TO THE INTERSECTION OF SAID WEST LINE AND THE SOUTHERLY RIGHT-OF-WAY OF THE BURLINGTON NORTHERN SANTE FE RAILROAD; THENCE N58002'55"E, ON SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 535.13 FEET; THENCE S48055'28"E, A DISTANCE OF 85.09 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 111004-27"AND A RADIUS OF 295.00 FEET, A DISTANCE OF 571.89 FEET, THE CHORD OF SAID CURVE BEARING N75°32'19"E, A DISTANCE OF 486.45 FEET, TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 40019'23"AND A RADIUS OF 180.00 FEET, A DISTANCE OF 126.68 FEET, THE CHORD OF SAID CURVE BEARING N40°09'47"E, A DISTANCE OF 124.08 FEET TO A POINT OF TANGENCY; THENCE N60019'28"E, A DISTANCE OF 143.82 FEET; THENCE N56050'36"E, A DISTANCE OF 686.73 FEET; THENCE N58059'35"E, A DISTANCE OF 659.94 FEET; THENCE N53006'40"E, A DISTANCE OF 296.34 FEET; THENCE N43051'34"E, A DISTANCE OF 95.64 FEET; THENCE N35031'00"E, A DISTANCE OF 47.31 FEET; THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 01 °01'06" AND A RADIUS OF 441.21 FEET, A DISTANCE OF 7.84 FEET, THE CHORD OF SAID CURVE BEARING N33°04'43"E, A DISTANCE OF 7.84 FEET, TO THE WESTERLY BOUNDARY OF WATERGLEN P.U.D., RECORDED UNDER RECEPTION NUMBER 98109875, LARIMER COUNTY RECORDS; THENCE ON SAID WESTERLY BOUNDARY, THE FOLLOWING EIGHT (8) COURSES: 1) S11.12-11 "E, A DISTANCE OF 40.10 FEET; 2) S16°18'04"E, A DISTANCE OF 71.95 FEET; 3) S21 °32'29"E, A DISTANCE OF 78.30 FEET; 4) S16°51'24"E, A DISTANCE OF 499.15 FEET; 5) S05°55'24"E, A DISTANCE OF 157.65 FEET; 6) S13°48'13"W, A DISTANCE OF 89.26 FEET; 7) S31°17'28"W, A DISTANCE OF 161.04 FEET; 8) S41°53'34"W, A DISTANCE OF 218.05 FEET, TO THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 4; THENCE S00002'44"W, ON SAID EAST LINE, A DISTANCE OF 1105.36 FEET, TO THE NORTHERLY RIGHT-OF-WAY OF EAST VINE DRIVE; THENCE N88057'05"W, ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 2640.83 FEET, TO THE POINT OF BEGINNING. CONTAINING AN OVERALL CALCULATED AREA OF 88.790 ACRES (3,867,677 SQUARE FEET). 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 LEGAL DESCRIPTION ON ATTACHMENT "A" IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _day of (%'+2bP r- 200 Hartshorn Properties LLC, a Colorado Limited Liability Company By: A" etitioner's/Owner's Sig ature 5Y00 /l-th Sf t SUI->e 1 P 0. Fin v 3377 (o OO Address CTree I ey C 17 50(t) 33 City State Zip Petitioner's/Owner's Signature Address City State Zip 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 Trailhead Annexation to the City of Fort Collins. Said area, consisting of approximately Eighty Eight Point Seven Nine Zero (88.790) 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 31-12-108, C.R.S., exist or have been met. 3. 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. 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 that 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 obligations 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 LMN 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.