HomeMy WebLinkAboutCLYDESDALE PARK FIRST & SECOND ANNEXATIONS - ANX140002 - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTSAttachment "A"
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION AGREEMENT
A tract of land situate in the County of Latimer, State of Colorado, to wit:
LEGAL DESCRIPTION
OF TIM PAOPRRTY
The W1/2 of the AEI/4 of Section 15, Township 7 North,
Range 68 West of the 6th P.A., County of Latimer, State
of Colorado, P.ECEPT pascals described in instruments
recorded in Book919 at Page 388, in Book 2200 at
Page 714, ze-recorded in Book 2216 at page 1616, in
Book 2202 at Page 1271, in Book 2209 at Page 1239, and in
Book 2236 at Page 2533.
(vacant land, no street add see assigned)
TOGRTt03A WITR all rights, title, and interest of Grantor
is and to Wheeler Well 01,15201? and Wheeler Well
A2,R10130:.and. ..
TOGETJMR WITS all rights, title, and interest of Grantor
in and to the following easements:
1. Easameat reserved in Warranty Deed recorded
September 12, 1963, in Book 2236 at Page 2533 of the
Larimar County, Colorado records, in which Grantor was
the grantor and Worth Weld County Water District was the
grantee.
2. Easement granted to Grantor in Permanent
Resonant recorded January 17, 1983. in Book 2202 at
Page 2167 of the Larimer County, Colorado records, in
which Moody Land and Investment Company, a/k/a aloofly Land
i Auction Company, was the grantor and Grantor was the
grantee.
3. Sasemeet gran-ed to Grantor im Grant of
Eaemnest recorded October 19, 1998, under Reception
No. 98090574 of the Larimer County, Colorado records, in
which B a B Rnterprises, L.P. RLLP was the grantor and
Grantor was the grantee.
Fort Collins Annexation Agreement
Page 3
LCPP-114 — July 14, 2000
1_�
In the event the CITY is required to undertake any action to enforce the terns hereof, the
undersigned OWNER and his heirs, successors and assigns agree that the CITY may recover
from the owner of said property its reasonable expenses, including attorney fees, incurred with
respect to such action.
e. That, if any section,, sections or provisions of this agreement is declared invalid for any
reason whatsoever by any competent court, such invalidity shall not affect any other sections or
provisions of this agreement if they can be given effect without the invalid section, sections or
provisions.
5. That the following grammatical rules shall apply to this agreement: any gender includes
the other genders; the singular number includes the plural and vice versa; words used in the
present tense include the pas: and future tenses and vice versa, unless manifestly inapplicable;
and the words shall be constructed according to context and approved usage of language.
IN WITNESS WHEREOF the applicant has hereunto set his hand and seal this Li1�1--t
day of 200Ct1.
4—
i
�S scribed and sworn to beforee me this
WITNESS my hand and official seal.
day of 2000,
Mly aa���'�'m__suiwuunns�p ^l F1 �l VI
(�td{hyiNS�i�A17es: � �" i rs-G•�
ri: c c Notary Public'
sue•.. •= c°
BjN commission ExP,res
segtsmber 20. 20us
Fort Collins Annexation Agreement
?a ,e 2
.CP^ 14 July 14, 2000
RCPTN k 2001083277 09/18/2001 09:03:00 # PAGES - 3 FEE - $15.00
M RODEN$ERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
ANNEXATION AGREEMENT
TO THE CITY OF FORT COLLINS, COLORADO:
The undersigned owner (hereinafter referred to as "OWNER") of the property, more
particularly described on Attachment "A", attached hereto, has filed an application with Larimer
County under the terms of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS GROWTH MANAGEMENT AREA between Latimer County and the City of Fort
Collins (hereinafter referred to as "CITY"). It is expressly understood and agreed by the
undersigned OWNER that, if granted, the development approval shall be in consideration of and
upon the following terms and conditions, to -wit:
1. If the property shall ever be included within the boundaries of a territory which is sought
to be annexed to the CITY itself, then and in that event, the undersigned OWNER specifically
agrees to consent to and join in the annexation of such territory by the CITY; and that the
undersigned OWNER will comply with all of the legal requirements and conditions pertaining to
the annexation of territory to the CITY. it is understood by the undersigned OWNER that the
primary consideration for granting of development approval according to the terms of the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH
MANAGEMENT AREA is the undersigned OWNER'S covenant and the promise to consent to
the annexation of said territory to the CITY, comply with all requirements and conditions as
aforesaid and sign all petitions and maps pertaining thereto. Futhermore, the undersigned does
hereby empower and irrevocably authorize and appoint the City Clerk of the City of Fort Collins,
Colorado, as lawful attorney -in -fact, on behalf of the undersigned, to sign any such annexation
petitions and maps thereby binding the undersigned, to all of the terms and provisions of said
petitions and maps for all intents and purposes as if the undersigned had signed said petitions and
maps. This power of attorney shall not be affected by the disability of the principal. This
appointment shall not preclude the City from undertaking any other available action, which may
be necessary to enforce the provisions of this Agreement. Nothwithstanding the limitation set
forth in Section 31-12-107(8) C.R.S. 1973, OWNER agrees that this power of attorney shall be
valid for a tern of 20 years from the date of this Agreement, unless a court of competent
jurisdiction determines that the provisions of Section 31-12-107(8) C.R.S. 1973 cannot be
waived or modified by the OWNER, in which event this power of attorney shall be valid for a
term of five (5) years from the date of this Agreement.
2. That all terms and conditions herein set forth shall extend to and be binding upon the
heirs, assigns or successors in interest of the undersigned OWNER and be considered as a
covenant running with the land described in Attachment "A". Further, it is agreed that, in
accepting title to the property described in Attachment "A", or any part thereof, any grantee,
heir, assignee or successor in interest to the undersigned OWNER expressly agrees to be bound
by the terms hereof, including, but not limited to, the appointment of tt:e C io, r 1erkas attorney -
in -fact for the purposes set forth in Paragraph (1) above.
3. That this agreement shall be recorded pursuant to the provisions of Colorado Statutes;
and that the CITY may undertake any action legally available to enforce the provisions hereof.
Fort Collins Annexation Agreement
Page I
LCPP-114-July 14,2000
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