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HomeMy WebLinkAboutHH-36 ANNEXATION & ZONING - 34-98 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITION (3)ATTACHMENT "D" COUNTY ROAD 36 ANNEXATION Statement of Principles and Policies The proposed County Road 36 Annexation and requested "L-M-N Low Density Mixed -Use Neighborhood" zoning district is consistent with the land use designation on the adopted Structure Plan and the Fossil Creek Reservoir Area Plan; consistent with the existing zoning and land uses planned in the adjacent area; and in compliance with the adopted Principles and Policies, including LU-1, LU-2, and LU-3. Future plans for the development of the subject property will be consistent with Principles applicable to neighborhoods, transportation, community appearance, housing, and others. ATTACHMENT "C" ATTORNEY CERTIFICATION I, �,(/D re J J //%J �'�N 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 ff 11- .3 6 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 A mey Reg. No. -5- ATTACHMENT "B" STATE OF COLORADO ) SS. COUNTY OFdou�%� ) The undersigned being first duly swom 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 swom to before me this day of 1998, by s--- WITNESS my hand and official seal //a -le / Commission Expiration MARILYN R. BISHOP Notary Public State of Colorado Notary Public -4- ATTACHMENT "A" LEGAL DESCRIPTION OF THE H.H: 36 ANNEXATION A TRACT OF LAND SITUATED IN PORTIONS OF SECTIONS 4, 5, 8, AND 9, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6'H P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 5, BEING MONUMENTED AT THE EAST END BY A 2-1/2" ALUMINUM CAP ON A NO.6 REBAR °LS 14823" AND AT THE WEST END BY A 2" ALUMINUM CAP ON A NO.6 REBAR "LS 5028" IS ASSUMED TO BEAR S89033'58"W. BEGINNING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE N00°46'33"W ON THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID SECTION 5 A DISTANCE OF 1154.48 FEET TO THE CENTERLINE OF SPRING CANYON WASTE WATER DITCH; THENCE ALONG SAID CENTERLINE THE FOLLOWING TWELVE (12) COURSES: 1. S75011'42"E A DISTANCE OF 202.74 FEET; 2. S58023'27"E A DISTANCE OF 322.36 FEET; 3. N65009'437E A DISTANCE OF 439.76 FEET; 4. S73038' 1T'E A DISTANCE OF 289.66 FEET; 5. S65009'47"E A DISTANCE OF 119.57 FEET; 6. S22008'37"E A DISTANCE OF 71.12 FEET; 7. N88020'38"E A DISTANCE OF 128.89 FEET; 8. S66042' 12"E A DISTANCE OF 133.72 FEET; 9. S54053'37"E A DISTANCE OF 115.82 FEET; 10. S82005'57"E A DISTANCE OF 200.63 FEET; 11. N73039'53"E A DISTANCE OF 260.98 FEET; 12. S79041'32"E A DISTANCE OF 370.98 FEET TO THE WESTERLY LINE OF BOOK 1264 PAGE 300, LARIMER COUNTY RECORDS; THENCE ON THE WESTERLY AND SOUTHERLY LINE OF SAID BOOK 1264 PAGE 300 THE FOLLOWING THREE (3) COURSES: 1. SO1024'57"E A DISTANCE OF 15.00 FEET; 2. S87049'27"E A DISTANCE OF 27.42 FEET; 3. S80057'57"E A DISTANCE OF 235.32 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE - QUARTER; THENCE N88035'03"E A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 9; THENCE SO1°24'57"E ON SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 711.56 FEET AND S00020'32"W A DISTANCE OF 50.00 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 36; THENCE S 89°33'58"W ON SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 2736.04 FEET TO THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 8; THENCE N00047' 15"E A ON SAID WEST LINE A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,636,555 SQUARE FEET (60.527 ACRES). -3- 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 L-M-N, Low Density Mixed -Use Neighborhood District Zone District pursuant to the Land Use Code of the City of Fort Collins. 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 September, 1998. H. H. Investment Company A Colorado General Partnership By: s/Owner's 33 City State Zip -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 H.H.-36 Annexation to the City of Fort Collins. Said area, consisting of approximately 60.527 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 ordinances 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 the Article X, §20 of the Colorado Constitution. The petitioner specifically reserves the right to withdraw this petition at any time prior to the Second Reading of the Annexation Ordinance by the Council of the City of Fort Collins, Colorado. -1- MEMORANDUM urban design, inc. 3555 stanford road. suite 105 fort collins, colorado 80525 (970) 226-4074 FAX (970) 226-4196 E-mail: cityscap@frii.com TO: Michael Ludwig, Current Planning FROM: Kimberly Straw, AICP, Cityscape Urban Design, Inc. DATE: September 28, 1998 RE: H.H.-36 Annexation (aka Co. Rd. 36 and Morroni Annexation) PROJECT #: 8570 Enclosed is the revised petition with all necessary signatures affixed, as requested. Please note the change in name from the Morroni Annexation to the "H.H.-36 Annexation." Due to this change, we have included with this petition, eight revised annexation plat sets with the H.H.-36 name. We apologize for any confusion or inconvenience, but Mr. Morroni was very uncomfortable using his name for this annexation. Please do not hesitate to contact me if you have any further questions or concerns in regards to this project. We'll see you Thursday at the Planning Commission meeting.