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HomeMy WebLinkAboutPINERIDGE 3RD ANNEXATION & ZONING - 41-98 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION I, , 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 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. 9 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 , 199 , by WITNESS my hand and official seal. Commission Expiration Notary Public 8 ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the southeast'/4 of Section 20, the southwest'/4 of Section 21, and the northeast '/4 of Section 29, Township 7 North, Range 69 West of the 61h P.M., County of Larimer, State of Colorado; considering the east line of the northeast'/4 of Section 29 as bearing N00°39'38"E with all bearings herein relative thereto is contained within the boundary lines which begins at the northeast corner of Section 29, the true point of beginning for this description; thence, S00°39'38"W 1003.68 feet on and along the east line of the northeast '/4 of said Section 29, also being the west line of the Dixon Creek Annexation to the City of Fort Collins; thence, S77°23'47"W 139.84 feet on and along the northerly line of the Burns Second Annexation to the City of Fort Collins to the point of a curve concave to the left with an arc of 151.82 feet, a radius of 267.00 feet, with a chord which bears thence, S61°06'26"W 149.78 feet, on and along the northerly line of said Burns Second Annexation; thence, S88°27' 14"W 898.32 feet on and along the north line of the Burns Annexation to the City of Fort Collins; thence, S87°16'51"W 280.09 feet on and along the northerly line of said Burns Annexation; thence, N12032'24"W 599.81 feet; thence, N14°32'24"W 540.50 feet; thence, N06°27'38"E 205.25 feet; thence, N05°26'00"E 70.00 feet; thence N27°26'00"W 208.22 feet; thence, N5605'00"W 298.86 feet; thence, N00038'00"E 574.90 feet to a point on the southerly right-of-way line of County Road 42C; thence, N11°35'00"W 60.00 feet to the northerly right-of-way line of said County Road 42C; thence, N78°25'00"E 522.79 feet on and along said northerly right-of-way of County Road 42C; thence, N78°24'24"E 426.12 feet on and along said northerly right-of-way line of County Road 42C; thence, S 11 035' 36"E 60.00 feet to a point on the southerly right-of-way line of said County Road 42C; thence, N87057' 14"E 1109.50 feet to the east 1/16 corner of Section 20; thence, S89°47'05"E 50.00 feet to a point of intersection with the east right-of-way line of South Overland Trail; thence, S00°12'55"W 1254.57 feet on and along the east right-of-way line of said Overland Trail to the point of a curve concave to the left with an arc of 133.01 feet, a radius of 83.30 feet, with a chord which bears thence, S45031'28"E 1102 feet to a point of intersection with north right-of-way line of West Drake Road; thence, N88044'09"E 520.01 feet on and along said north right-of-way line of West Drake Road, thence, S00°13'57"W 50.00 feet to a point of intersection with the south line of the southwest 'A of Section 21, also being the west line of the Herring Annexation to the City of Fort Collins thence, S88°44'09"W 655.51 feet to the northeast '/4 of said Section 29, also being the north line of said Dixon Creek Annexation, to the true point of beginning for this description; containing 4,451,716 square feet, 102.197 acres more or less. 7 Parcel Two: A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 20 and in the Northeast Quarter of the Northeast Quarter of Section 29, both in Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado being more particularly described as follows: Considering the East line of said Section 20 and 29 as bearing North 00 degrees 14 minutes 00 seconds East, as surveyed by the U. S. Bureau of Land Management on April 14, 1954 and with all bearings herein relative thereto: Commencing at the -Southeast Corner of said Section 20; thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the West right-of-way line of overland Trail; thence, North 00 degrees 14 minutes 00 seconds East, 329.00 feet to the POINT OF BEGINNING, said point being the Northeast corner of Dixon Creek Substation parcel; , thence along the North line of, said Substation parcel, South 88 degrees 50 minutes 00 seconds West, 360.00 feet; thence, North 00 degrees 14 minutes 00 seconds East, 40.01 feet; thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a point on said West right-of-way line of Overland Trail; thence along said West right -of -wax line, South 00 degrees 14 minutes 00 seconds West, 40.01 feet to the Point of Beginning. ALSO; COMMENCING at the Northeast corner of said Section 29; thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the West right-of-way line of Overland Trail; thence, South 00 degrees 14 minutes 00 seconds West, 301.00 feet to the POINT OF BEGINNING, said point being the Southeast Corner of Dixon Creek Substation parcel; thence along the South line of said Substation parcel, South 88 degrees 50 minutes 00 seconds West, 360.00 feet; thence, South 00 degrees 14 minutes 00 seconds West, 40.01 feet; thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a point on said West right-of-way line of Overland Trail; thence along said West right -of -wax line, North 00 degrees 14 minutes 00 seconds East, 40.01 feet to the Point of Beginning. The above -described tract of land contains .66 acres, more or less IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this day of 199 Platte River Power Authority A Political Subdivision of the State of Colorado Bv: Thaine J. Michie, General Manager Platte River Power Authority 2000 East Horsetooth Road Fort Collins, CO 80525-5721 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: Parcel One: A tract or parcel of land, situate in the Southeast One -Quarter of the Southeast One -Quarter (SE1/4SE1/4) of Section 20 and in the North- east One -Quarter of the Northeast One -Quarter (NE1/4NE1/4) of Section 29, both in Township 7 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado,_ being more particularly described as follows: Considering the East line of said Sections 20 and 29 as bearing N. 000 14' E., as surveyed by the U.S. Bureau of Land Management on April 14, 1954, and with all bearings herein relative thereto: and beginning at a point on the West right-of-way line County Road 21 (Overland Trail) whence the Southeast Corner of said Section 20 bears N. 880 50' E. a distance of 30.00 feet; thence on courses and distances as follows: 1. N. 000 14' E. along said West right-of-way line a distance of 39.00 feet to a point; 2. S. 880 50' W., parallel to the South line of said Section 20 and along the South line of that certain tract of land conveyed to the City of Ft. Collins by deed recorded at Book 1360 and Page 452 of the Larimer County Records, a distance of 77.00 feet to a point; 3. N. 000 14' E., a distance of 45.00 feet; 4. N. 080 50' E. a distance of 77 feet to a point in the West right-of- way line of said County Road 21 (Overland Trail); 5. N. 000 14' E. along said right-of-way line a distance of 245.00 feet to a point; 6. S. 880 50' W., parallel to said South line of Section 20 a distance of 465.00 feet to a point; 7. S. 000 14' W., parallel to the East line of said Sections 20 and 29 a distance of 630.00 feet to a point; 8. N. 880 50' E., a distance of 465.00 feet to a point; 9. N. 000 14' E., parallel to the East line of said Sections 20 and 29 a distance of 301.00 feet to the True Point of Beginning. The above -described tract of land contains 6.645 acres, more or less.. 5 Parcel Two: A tract of land located in the Southeast Quarter of the Southeast Quarter of Section 20 and in the Northeast Quarter of the Northeast Quarter of Section 29, both in Township 7 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado being more particularly described as follows: Considering the East line of said Section 20 and 29 as bearing North 00 degrees 14 minutes 00 seconds East, as surveyed by the U. S. Bureau of Land Management on April 14, 1954 and with all bearings herein relative thereto: Commencing at the Southeast Corner of said Section 20; thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the West right-of-way line of Overland Trail; thence, North 00 degrees 14 minutes 00 seconds East, 329.00 feet to the POINT OF BEGINNING, said point being the Northeast corner of Dixon Creek Substation parcel; thence along the North line of said Substation parcel, South 88 degrees 5.0 minutes 00 seconds West, 360.00 feet; thence, North 00 degrees 14 minutes 00 seconds East, 40.01 feet; thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a point on said West right-of-way line of Overland Trail; thence along said West right-of-way line, South 00 degrees 14 minutes 00 seconds West, 40.01 feet to the Point of Beginning. ALSO; COMMENCING at the Northeast corner of said Section 29; thence, South 88 degrees 50 minutes 00 seconds West, 30.00 feet to the West right-of-way line of Overland Trail; thence, South 00 degrees 14 minutes 00 seconds West, 301.00 feet to the POINT OF BEGINNING, said point being the Southeast Corner of Dixon Creek Substation parcel; thence along the South line of said Substation parcel, South 88 degrees 50 minutes 00 seconds West, 360.00 feet; thence, South 00 degrees 14 minutes 00 seconds West, 40.01 feet; thence, North 88 degrees 50 minutes 00 seconds East, 360.00 feet to a point on said West right-of-way line of Overland Trail; thence along said West right-of-way line, North 00 degrees 14 minutes 00 seconds East, 40.01 feet to the Point of Beginning. The above -described tract of land contains .66 acres, more or less IN WITNESS WHEREOF, Uwe have executed this Petition for Annexation this day of , 199 City of Fort Collins, Colorado A Municipal Corporation By: John F. Fischbach, City Manager City of Fort Collins, Colorado P.O. Box 580 Fort Collins, CO 80522-0580 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: All lands as are described on Attachment "A", excepting therefrom the following two (2) parcels: Parcel One: A tract or parcel of land, situate in the Southeast One -Quarter of the Southeast One -Quarter (SE1/4SE1/4) of Section 20 and in the North- east One -Quarter of the Northeast One -Quarter (NE1/4NE1/4) of Section 29, both in Township 7 North, Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, being more particularly described as follows: Considering the East line of said Sections 20 and 29 as bearing N. 000 14' E., as surveyed by the U.S. Bureau of Land Management on April 14, 1954, and with all bearings herein relative thereto: and beginning at a point on the West right-of-way line County Road 21 (Overland Trail) whence the Southeast Corner of said Section 20 bears N. 880 50' E. a distance of 30.00 feet; thence on courses and distances as follows: 1. N. 000 14' E. along said West right-of-way line a distance of 39.00 feet to a point; 2. S. 880 50' W., parallel to the South line of said Section 20 and along the South -line of that certain tract of land conveyed to the City of Ft. Collins by deed recorded at Book 1360 and Page 452 of the Larimer County Records, a distance of 77.00 feet to a point; 3. N. 000 14' E., a distance of 45.00 feet; 4. N. 080 50' E. a distance of 77 feet to a point in the West right-of- way line of said County Road 21 (Overland Trail); 5. N. 000 14' E. along said right-of-way line a distance of 245.00 feet to a point; 6. S. 880 50' W., parallel to said South line of Section 20 a distance of 465.00 feet to a point; 7. S. 000 14' W., parallel to the East line of said Sections 20 and 29 a distance of 630.00 feet to a point; 8. N. 880 50' E., a distance of 465.00 feet to a point; 9. N. 000 14' E., parallel to the East line of said Sections 20 and 29 a distance of 301.00 feet to the True Point of Beginning. The above -described tract of land contains 6.645 acres, more or less.. 3 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. 2 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 Pinerid eg Third Annexation to the City of Fort Collins. Said area, consisting of approximately one hundred two 1(2 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 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