HomeMy WebLinkAboutHH-36 ANNEXATION & ZONING - 34-98 - CORRESPONDENCE -A •.
ATTACHMENT "C"
ATTORNEY CERTIFICATION
I, Apsey T S,rn tore.✓ , 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
County Road 36 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.
l
S 1 \1
Date gnature Attorney Reg. No.
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STATE OF COLORADO )
) SS.
COUNTY OF )
by
ATTACEaWNT "B"
The undersigned being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexa ' and that each
the signature of the person whose name it pur
Subs ri ed and sworn to before a this 21 day of -fib LT
my hand and official seal.
Commission Expiration
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1998)
IARILICN R. BISHOP
Notary Public
State of Colorado
ATTACHMENT "A" 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 SITUATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 5,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6"' 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.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE
N01024'57"W ON THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER OF SAID
SECTION 5 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE
S89033'58"W ON SAID NORTH LINE A DISTANCE OF 2705.31 FEET TO THE WEST LINE
OF SAID SOUTHEAST ONE -QUARTER; THENCE N00°46'33" ON SAID WEST LINE A
DISTANCE OF 1124.41 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; "\
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2. S58023'27"E A DISTANCE OF 322.36 FEET;
3. N65009'43"E A DISTANCE OF 439.76 FEET; G
4. S73038' 17"E A DISTANCE OF 289.66 FEET;
5. S65009'47"E A DISTANCE OF 119.57 FEET; q
6. S22008'37"E A DISTANCE OF 71.12 FEET;
7. N88"20'38"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. S82"05'57"E A DISTANCE OF 200.63 FEET;
11. N73"39'53"E A DISTANCE OF 260.98 FEET;
12. S79"41'32"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. S01024'57"E A DISTANCE OF 15.00 FEET;
2. S87"49'27"E A DISTANCE OF 27.42 FEET;
3. S80"57'57"E A DISTANCE OF 235.32 FEET TO SAID EAST LINE OF SAID SOUTHEAST
ONE -QUARTER;
THENCE S01024'57"E A DISTANCE OF 681.03 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,397,260 SQUARE FEET (55.033 ACRES).
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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:
q Q.O.W O.W.
F, I/we have executed this
, 199
s/Owner's Signature
bn for Annexatio this
Petitioner's/Owner's Signature
day of
Address
State ip City State Zip
1g'f CALWT`(
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:
P4m: Lz"LM Fbc MftArt Ow0M V NN, ww"T n Nr
NgE �oD I�a
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j IN WITNESS " "'""� Uwe have executed this Petition for Anne ation thisay�/,day�
hT # 7nde°S i.. e.1 7' C, „ �a n
Of 1998. %' L/
4 nl ead0 Q&;, f� �i iTh Pv5 iP
Petitioner's/Owner's Signature
Address
City State Zip
-2-
Petitioner's/Ow er's Si Lure GBH e �a Pa rn
f---�D Z�coX A 3 r3
Address
City State Zip
PETITION FOR ANNEXATION C
NKAG
The UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the 00�
City of Fort Collins, Colorado, for the annexation of an area, to be referred to as th County Ro d
Annexation to the City of Fort Collins. Said area, consisting of approximately i - - one-
- acLres, 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.
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
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dr
This completes the review comments at this time. Additional comments may be
forthcoming as the various departments and reviewing agencies continue to review this
request.
Please contact me at 221-6206 if you have any questions or concems related to these
comments. I would like to schedule a meeting with you as soon as possible, if necessary,
to discuss these comments.
Sincerely,
�V
Michael Ludwig, AICP
City Planner
xc: Dave Stringer
Current Planning file #34-98
5. The Current Planning Department offers the following comments:
a. As stated by the City Attorney and Advance Planning Department, the entire .
right-of-way width of County Road 36 and County Road 9 adjacent to the
subject property must be annexed. Therefore the Annexation Petition must
be amended as follows:
First, the acreage information on Page 1 needs to include the right-of-way for
County Road 36 and County Road 9.
Second, a separate "Page 2" must be provided for each property owner.
One will provide the legal description (s) for the County Road 36 and County
Road 9 right-of-way and be signed by the County as owner. The other will
provide the legal description for the subject property and be signed by H.H.
Investment Company as owner.
Third, Attachment "A" must be a combined legal description of the subject
property and adjoining right-of-way.
Finally, please make sure that all portions of the Annexation Petition are
dated no earlier than September 25, 1998.
b. The legal description on the Annexation Map must match the revised legal
description of Attachment "A" (include the right-of-way for County Road 36
and County Road 9).
C. Please rename the Annexation. The name should be included on the
Annexation Map.
d. Please delete the ownership information on the Annexation Map.
e. Please add City of Fort Collins approval certifications and signature blocks
for the City Clerk and Director of Engineering as noted on the redlined
Annexation Map.
f. Please provide all of the Annexation Map information on one sheet if
possible.
g. The following public hearing schedule is projected for this Annexation
request:
Planning and Zoning Board (recommendation) October 1, 1998*
City Council (initiating resolution) October 6, 1998
City Council (first reading) November 17, 1998
City Council (second reading) December 1, 1998
* Note: PMT's, renderings, and 8 sets of the revised Annexation
Map are due September 15, 1998.
Community Planning and Environmental St - Aces
Current Planning
City of Fort Collins
August 27,1998
James Construction Company, Inc.
c/o Eldon Ward
Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
Dear Eldon,
Staff has reviewed your documents for the County Road 36 Annexation, that were
submitted on July 24, 1998, and offers the following comments:
1. The Light and Power Utility stated that this annexation is within the Public Service
Company's electric service territory. No service rights fees will apply after the area
is annexed and the City assumes responsibility for electric service.
2. The Advance Planning Department stated that the annexation must include the
full right-of-way width of both County Road #9 and County Road #36 adjacent to
the property.
3. The City Attorney stated the following:
a. The subject property is not currently adjacent to any City limits. Contiguity
will be gained only if the Ruff Annexation is approved by the City Council.
Therefore, the zoning petition needs to be dated no earlier than 10 days after
the projected effective date of the Ruff Annexation Ordinance (September
25, 1998). If the Ruff Annexation is not approved, then this Annexation
petition must be withdrawn.
b. Please change the name of this Annexation so it doesn't sound like a road
(flagpole) annexation.
4. The Fort Collins -Loveland Water District and the South Fort Collins Sanitation
District have reviewed the above mentioned project and have no objections
provided all District requirements are satisfied. The Districts will provide water and
sanitary sewer service. The developer is responsible for the costs of off site
improvements. An impact fee of $1,100 and $1,000 per dwelling unit, for water and
sanitary sewer service respectively, will be assessed.
281 North College Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6750 - FAX (970) 416-2020