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HomeMy WebLinkAboutSTATE HIGHWAY 14, EAST FRONTAGE ROAD - ANNEXATION & ZONING (RESUBMITTAL) - 20-00 - SUBMITTAL DOCUMENTS - ROUND 2 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION I, James A. Martell, 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 Mulberry -East Frontage Road 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 street and alleys. Date: November 11, 2002 dames A. Martell, Atty. Reg. NEo 82390 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 day of _/U iPm � 2 GU Z . by Liner /h, f i.�lG� WITNESS my hand and official seal XG K4 R'�TA �RGi1' o R •. j--u3 Commission Expiration ' ,p 'O � FB o`OPPO My Commission EVims 03/1&2003 - I /�t. - � ", / Z��- Notary Puk J-T/47'iff A11CH6J�4Y /y - Z:-4.r7' F,�oivrgizc eoD qa /9N+veXg7-/o/v 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 situated in the NW1/4 of Section 15, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, being described as follows: Basis of bearings: The South line of the NW1/4 of Section 15, being monumented at the easterly end by a 2-1/2" aluminum cap on a #6 rebar stamped "LS 24307" and at the westerly end by a 3" aluminum cap stamped "RBD, Inc, LS 17483" is assumed to bear N89°30,38" W, a distance of 2643.04 feet. Commencing at the W1/4 corner .of said Section 15; thence N89030138" W, on the southerly line of said NW1/4, a distance of 55.00 feet to the point of beginning, said point also being on the easterly right of way line of the Interstate Highway 25 frontage road as _ shown on that certain exemption plat, recorded December 5, 1985, as Reception,No. 85062073, Larimer County records; Thence N00019137" E on said easterly right-of-way line a distance of 1011.79 feet to the southerly line of Tract One of said exemption plat; Thence S89"40'58" E on said southerly line a distance of 1171.13 feet to the southeasterly corner thereof; Thence S00029122" W a distance of 403.53 feet; Thence S89032133" E a distance of 1417.34 feet to the easterly line of said NW1/4; Thence S00"15'39" W on said easterly line a distance of 612.49 feet to the center 1/4 corner of said NW1/4; Thence N89030138" W on the southerly line of said NW1/4 a distance of 2588.04 feet to the point of beginning. 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 are, to be referred to as the f.. Annexation to the City of Fort Collins. Said ar a, corfsisting of approximately 5K7• if ( ) 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 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (1/6) 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 that 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 Coloredo. 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 /_ M N Zone District pursuant to the Land Use Code of the City of Fort Collins.