HomeMy WebLinkAboutMAVERIK FIRST ANNEXATION & ZONING - ANX150004 - CORRESPONDENCE - INITIATING RESOLUTIONATTACHMENT"C"
ATTORNEY CERTIFICATION
an attorney licensed to practice in the State of
Colorado, hereby certify that, as of t date of this certificate, the Siggers Of this Annexation Petition for
the area referred to as the jYtauc� �� F-IU—. 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.
Date « /fir i at e L4J Attorney
Reg. No 14($�
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 _(0 _ day of_�(�UF
by It>17'r l� i 'F'iZ ' ��'��•f...v~i�C t'`" r ��1 C� \�7 ~�I� i FYI C
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WITNESS my hand and official seal.
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Commission Expiration
KRISTEN L. ANILIONIS ±3
NOTARY PUBLIC
STATE OF COLORADO
;i NOTARY ID j$0104020838
MYCOMMISSIONEX IRESJUNE22,2018
Notary Pu
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ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE
68 WEST OF THE SIXTH PRINCIPLE MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,
BEING MORE PARTICULALY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 15,
NORTH 89°15'00" EAST, A DISTANCE OF 1084.26 FEET;
THENCE SOUTH 0045-00" WEST, A DISTANCE OF 208.65 FEET TO THE NORTH BOUNDARY OF
INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER
2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE
NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK;
THENCE SOUTH 82018'06" WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH BOUNDARY
OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF SAID LOT 17 TO THE
NORTHWEST CORNER OF SAID LOT 17 AND THE POINT OF BEGINNING;
THENCE SOUTH 35029'11" EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY RIGHT
OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE BEGINNING OF A
NONTANGENT CURVE;
THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
260.00 FEET, THROUGH A CENTRAL ANGLE OF 25°01'50", HAVING A CHORD WHICH BEARS
SOUTH 30043'25" WEST, A DISTANCE OF 112.68 FEET;
THENCE NORTH 35026'29" WEST, A DISTANCE OF 141.57 FEET;
THENCE SOUTH 54°19'21"WEST , A DISTANCE OF 83.26 FEET;
THENCE NORTH 35031'08" WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY STREET;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES:
THENCE NORTH 66038'30" EAST, A DISTANCE OF 19.01 FEET;
THENCE NORTH 82018'06" EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
❑ (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.
General location of property to be annexed:
A portion of the property at 4333 E. Mulberry Street
Individual Petitioners signing this Yetitwn represent mar they VW11UIVPV �,•�,� �� •-
annexed, 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 W."
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this _Lpday of
,2G1
Petitioner's/Owner's Signature
12k' e DG -q OV'e
Petitioner's/Owner's Printed Name/Title
Petitioner's/Owner's Signature
Petitioner's/Owner's Printed NamefTitle
Address Address
City State Zip City
State Zip
C . C
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 Maverik First
Annexation to the City of Fort Collins. Said area, consisting of approximately Seventy -Eight Hundreths
(0.78) acres, is more particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. 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 (116) 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 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 C Commercial Zone District pursuant to the Land Use Code of the City of Fort Collins.
EXHIBIT A
1013# i0
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted
Resolution 2016-015 initiating annexation proceedings for the Maverik First Annexation said
Annexation being more particularly described in Resolution 2016-015.
That, on March 15, 2016, at the hour of 6:00 p.m., or as soon thereafter as the matter may
come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort
Collins, Colorado, the Fort Collins City Council Will hold a public hearing upon the annexation
petition and zoning request for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and is considered
eligible for annexation and for the purpose of determining the appropriate zoning for the property
included in the Annexation. At such hearing, any persons may appear and present such evidence
as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
General Commercial ("C-G") Zone District.
The City of Fort Collins will make reasonable accommodations for access to City
services, programs and activities and will make special communication arrangements for persons
with disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 9th day of February, A.D. 2016.
City Clerk
SEAL
SAID LOT 17 TO THE NORTHWEST CORNER OF. SAID LOT 17 AND THE POINT OF
BEGINNING;
THENCE SOUTH 35029-11" EAST, A DISTANCE OF 274.66 FEET TO THE NORTHWESTERLY
RIGHT OF WAY LINE OF SOUTHEAST FRONTAGE ROAD SAID POINT ALSO BEING THE
BEGINNING OF A NONTANGENT CURVE;
THENCE 113.59 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 25001'50", HAVING A CHORD WHICH
BEARS SOUTH 30043'25" WEST, A DISTANCE OF 112.68 FEET;
THENCE NORTH 35026'29" WEST, A DISTANCE OF 141.57 FEET;
THENCE SOUTH 54019'21" WEST, A DISTANCE OF 83.26 FEET;
THENCE NORTH 35031'08" WEST, A DISTANCE OF 271.26 FEET TO THE SOUTHERLY RIGHT
OF WAY LINE OF COLORADO STATE HIGHWAY 14, ALSO KNOWN AS EAST MULBERRY
STREET;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2)
COURSES:
THENCE NORTH 66038'30" EAST, A DISTANCE OF 19.01 FEET;
THENCE NORTH 82018'06" EAST, A DISTANCE OF 189.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 55,087 SQUARE FEET, OR 1.265 ACRES (MORE OR LESS).
Section 3. That the City Council hereby finds and determines that the annexation
petition for the Maverik First Annexation and accompanying map are in substantial compliance
with the Municipal Annexation Act.
Section 4. That the Notice attached hereto as Exhibit "A" is hereby adopted as a part
of this Resolution. Said Notice establishes the date, time and place when a public hearing will be
held regarding the passage of annexation and zoning ordinances pertaining to the above
described property. The City Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Municipal Annexation Act.
Section 5. That Resolution 2015-110 is hereby rescinded in its entirety and replaced
by this Resolution.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins
this 9th day of February, A.D. 2016.
qa yLo r
ATTES
ww
City Clerk
C'
RESOLUTION 2016-015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
MAVERIK FIRST ANNEXATION
WHEREAS, on December 15, 2015, City Council adopted Resolution 2015-110 to
initiate annexation proceedings for the Maverik First Annexation and to set an annexation
hearing date on February 2, 2016; and
WHEREAS, due to inclement weather, the February 2, 2016, annexation hearing was not
conducted; and
WHEREAS, to comply with statutory notice requirements, City Council is reinitiating
annexation proceedings and setting a new date for the annexation hearing as specified in attached
Exhibit "A";
WHEREAS, a written petition, together with four (4) prints of an annexation map, has
been filed with the City Clerk requesting the annexation of certain property to be known as the
Maverik First Annexation, as more particularly described below; and
WHEREAS, the City Council desires to initiate annexation proceedings for the Maverik
First Annexation in accordance with Section 30, Article II of the Colorado State Constitution,
and the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby accepts the annexation petition for the
Maverik First Annexation, more particularly described as situate in the County of Larimer, State
of Colorado, to wit:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15;
THENCE ALONG THE NORTH LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 15,
NORTH 89015'00" EAST, "A DISTANCE OF 1084.26 FEET;
THENCE SOUTH 0045'00" WEST, A DISTANCE OF 208.55 FEET TO THE NORTH BOUNDARY OF
INTERCHANGE BUSINESS PARK SUBDIVISION AS RECORDED IN RECEPTION NUMBER
2001007054, PUBLIC RECORDS OF COUNTY OF LARIMER, STATE OF COLORADO AND THE
NORTHEAST CORNER OF LOT 17 OR SAID INTERCHANGE BUSINESS PARK;
THENCE SOUTH 820l8'06" WEST, A DISTANCE OF 170.83 FEET ALONG THE NORTH
BOUNDARY OF SAID INTERCHANGE BUSINESS PARK AND THE NORTH BOUNDARY OF
City of
F6rt Collins
February 17, 2016
ECEe V E ".
Y:
FEB 18 1016
BY:
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
The public hearing on the Maverik First Annexation and Zoning, scheduled before City Council
on February 2, 2016, was not held, due to inclement weather. In order to meet state requirements
for notification, the Annexation has been re -initiated by the enclosed Resolution and Notice.
The public hearing for the annexation and zoning will be held on March 15, 2016.