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HomeMy WebLinkAboutSTATE HIGHWAY 14, EAST FRONTAGE ROAD - ANNEXATION & ZONING (RESUBMITTAL) - 20-00B - LEGAL DOCS - LEGAL DOCUMENTSpermits on the Imago Property (as defined in the Imago Agreement) until such release of easement and restoration of Owner's property is satisfactorily completed. 9. Owner had previously executed a draft of a Special Power of Attorney for Annexation -a DGtol-r- 26 2005 The parties agree that said �f 2 ��J> 2905- document shall be of no force and effect and is superseded in all respect by this Special Power of Attorney for Annexation. ATTACHMENT "B" The City of Ft. Collins ("City') acknowledges that the Property has been developed as a gated adult community through Larimer County and HUD. The City agrees that upon annexation of said land, the City will not take any action affecting the nature of the development of the Property as presently approved with regard to the following issues: 1. The City will not change the private nature of the interior roads of the Property and there will be no requirements to dedicate such roads to public use, except for the dedication of a temporary emergency access easement to serve the proposed "State Highway 14-East Frontage Road Annexation" to the City. 2_ The existing restricted, gated access to the Property will not be modified by the City; 3. The City will not require removal of the gates restricting access to the Property, nor shall it require removal of the perimeter fence around the Property; 4. Except as is presently provided in sections 12-120 through 12-122 of the City Code, the City will not take any action affecting the rules and regulations and/or covenants affecting the Property, including, without limitation, the rules that restrict ownership and occupancy to persons fifty-five(55) years of age and older; 5. The improvements within the Property have been approved by HUD under the UBC and the IRC and the City agrees that upon Annexation said improvements will be accepted as conforming and in compliance with the then applicable codes of the City, except to the extent that said improvements would be considered out of compliance under applicable HUD regulations or codes; 6. The City agrees that building permits which have been approved by Larimer County prior to the effective date of annexation and have not lapsed under the rules of Larimer County will continue to be effective after the annexation and will be honored by the City without further expense. 7. The City's aggregated fees for permission to erect improvements on the lot which is to be burdened by the temporary emergency access easement (See #1 above) shall not exceed the aggregated fees which would have been charged by Larimer County for such permission. 8. The City of acknowledges that upon execution hereof, the Owner has entered into an Agreement ("the Imago Agreement") with Imago Enterprises, Inc. ("Imago") with respect to the granting of a temporary emergency access easement from Owner to Imago. This Special Power of Attorney is incorporated into the Imago Agreement. The Imago Agreement provides in part that said temporary emergency access easement will terminate when an alternative easement acceptable to the City and the Poudre Fire Authority is available. The City agrees that when an alternative permanent access route is available, it will require that Imago obtain said easement, terminate the temporary easement, and restore the portion of Owner's property on which the temporary easement is located, all as provided in the Imago Agreement. The City will not issue building U LEGAL DESCRIPTION A tr= of land situated in the Northwest Quarter of Section 15, T7N, R68W of the 6th PAL being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 15, T7N, R68W as bearing S Sr 15' 00" E as determined by monuments found at North Quarter corner and Ceara Quarter corner of said Section 15, and with all bearings contained herein relative dyerew. Coaunencing ar the North Quarter corner of said Section 15; thence along the East fine of the Northwest Quarter of Section 15 S 00'0T56" W 110.2.6 feet to the TRUE POINT OF BEGINMNCr, chance departing from said lime S 00.15'39" W 1944.95 feet along the East Boundary of said land tract; theca N 89°32'23" W 1417.34 few thence N 00*29*22" E 403.53 feet; thence N 32"15'02" E 688.50 feat; thence N 89040*58" W 362.73 fiat to a point on the beginning of a corn concave to die Northwest having a eenaal angle of 44° 15'03" and a radius of 585.00 feet, the cfard of which burs N 4M l ' 15" E 440.66 feet; thence along the arc of said cw vvv 451.91 feet to a point on the beginning of a turn concave to the Northwest having a central angle of 31°56'39" and a radius of 785.00 feet, the -chord of which bears N 09°55'24" E 432,0I feet; thence along the arc of said curve 437.66 feet; thence N 06*02*55" W 215.77 fret; thence N 004 57'01" E 20.09 feet thence S 89002'59" E 312.99 fret to the TRUE POINT OF BEGINNING. The above described parcel contains 37JI acres. ATTACHMENT "A" ra b �� gran, IT, alical rulrs shall apply.to this Agrcc�nent: anti' gender includes the t�tl �cr ThefolIowinn genders; the singular number includes the plural and man {c tly words applicable;'and thf r,vords` hall include thepast and future tenses and vice versa, un]ecs e of tan uage. be construed according to the conLnt and approved usag 6 Dills �� _day TN W1Tl1FS5 W1TERP F, the 0�3'nerhas executed this Polder of Attorne of 2D05. �- AMgR7CAN RETIREMENT PR0PErT11;S, LI..0 a Colorado limited liability.company By: Paul J. G nstein, Managing Member e Collins hereby accepts this Power of Attorney on the The City of Ft. terms and conditions set forth herein. ATTEST: CITY OF. FT. COLLINS, OLORADO City Clerk k3 By. - Darin Atteberry, City Manager STATE C)F COLORADO ) - COUNTY OFLAPJ1,4F.R subscribed and sworn to h�iorc me this `/yJv'w►'t day -of ©, 2DD5, by Paul 5. Oallett, in, as Managing Member of American Retirement ProperkieS, LLC., a Colorado Rini feel liability cpmpany ``v%it 1d PJt it11 My commission � Aires: . Notary.Public j STATE OF COLORADO OF CV�AP��`` . .. ss:. �tttttitntt��``� COUNTY OF LARIMFR. Y. V - da of'v', 2005 by. $ubscr" d sworn to before me this._ y• - Darin At t6 Manager of the Cit o ort Collins _ exn it es.: My co s('� - �i`��AC! NotarQr ublic SPECIAL POWER OF ATTORNEY FOR ANNEXATION The undersigncd,'as owner ("Owner") of the property more particularly described on Attachment "A" attached hereto and incorporated herein by reference (the "Property )does hereby appoint the City Clerk of the City of Fort Collins as its attorney -in -fact, ennpowered and irrevocably maps and othcrdocumants act on behaof the Owner to execute annexation petitions, authorized to If ctuate the annexation of the Property into the City of Fort Collins, binding as maybe necessary-,ltto effe of illnexation the Owner to all the the terms, owner had signed needssa said annexation petit said maps and Other documents. Tilt documents as if the Owner h g The power granted by this power of attorney may be delegated by the City Clerk to ion Of the subordinates. This power of Ott n all successorall not bor ass gns ofected by the he dOw ertwhichy or smaytcorric into Owner and shall be binding upon ownership of the owner limited liability comp:my Or of the Property, and shall be considered as a d on Attachment A Further, covenant running with the land describe".eir, assignee r successsor- property described on Attachment "A Or any part thereof, any grantee, ininteresttotheundcrsignedOwnershallbeboundthetcctnstlereof. The Owner ratifies,contirms. and promises e ratify and confirm at all times all which the appointed attorney -in -fact under this Power of Attorney shall lawfully do or cause to be, done under its terms. 'rile terll of this Power of Attorney shall continue, irrevocable, for a period of five (5) of Comm n�c�r� a�NVon the passage of said five years, this power of years X :;7 . Attorney shall immediately erase and shall became null and void. Furthermore, in consideration of the�rantingofthisPowerof Allomey, ihcattorney-in-factappointed herehyshall bebourrdto refrain from executing any such annexation petitions, maps or other documents during the fust three (3) years of the five-year term of tllis Power of Attorney. Upon execution of this Power of Attorney and acceptance hereof by the City of Fort Collins, that certain power of attorney contained in the Annexation Ao eematt dated June 29, 2000, rccotded at Reception No. 2000076676 of the Larimer County, Colorado, records, shall beconne null and void. Any annexation of the Property to the City of Fort Collins shall not affect the vested property operly under Colorado law. *See Attachment rights afforded the Pr"B" which is hereby incorporated herein by reference. This Power of Attorney shall be recorded in the records of the Clerk and Recorder of Larimer . County, COIOMCIO, pursuant to the provisions of Colorado law; and the City of Iron Collins, as beneficiary hereof, may undertake any action legally available to enforce the provisions hereof. In the even[ that the City.of FoT[ Collins is required to undertake action to enforce the terms herOwner Owner, for itself and its successors and assigns agrees that the City may recover from the y's reasonable expenses, including attorney's fees, or any such successor Or assibn, the Citincurred with respect to such action. if any provision of this Power of Attorney is declared invalid for any reason wliatsoeve'r by any competent court, such invalidity shall not affect any other provisinn of this Agreement, provided that it can be given affect without the invalid provision. City At ley City of Fort Collins December 2, 2005 ' Roger E. Clark, Esq. Clark Williams and Matsunaka, LLC 2881 North Monroe Avenue, Suite 1 Loveland, Colorado 80538 Mr. Lester Kaplan 140 Palmer Drive Fort Collins, Colorado 80525 Dear Roger and Les: Enclosed you will find a copy of the fully executed Special Power of Attorney for Annexation executed by Paul Gallenstein on behalf of American Retirement Properties, LLC and Darin Atteberry on behalf of the City of Fort Collins. I will arrange for the recordation of this document with the Larimer County Clerk and Recorder. The original document will be kept by the City Clerk after it is returned to the City from the Larimer County Clerk and Recorder. Thank you all for working toward a successful conclusion to this matter. Sinc re y, W. Paul Eckman Deputy City Attorney WPE:kb Enclosure cc: Ted Shepard (with enclosure) Wanda Krajicek (with original executed Power of Attorney) 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327