HomeMy WebLinkAboutRUFF ANNEXATION - 25-98 - LEGAL DOCS - LEGAL COMMUNICATION�,T O NFlSCHERRTIFICATION
ER
P.O. Box 506
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 the attached
Annexation Petition 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 and own more than 50% of the land in said area, exclusive of
streets and alleys. /
fISCHER, HOWARD & FR�t9Ck5
ATTORCif --
,v
Date
ATTACHMENT'S"
STATE OF COLORADO)
) SS.
COUNTY OF LARIMER)
by
The undersigned being first duly sworn upon his oath states:
That he was the circulator of the attached Petition
therein is the signature of the person whose name it 1
Subscribed and sworn to before me this
WITNESS my hand and official
Commission
day of
Notary Public
to be.
and that each signature
199_,
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 located in the East Half of Section 5 and the We Half of Section 4,
Township 6 North, Range 68 West of the 6th Principal Meridia , County of Larimer,
State of Colorado, being more particularly described as follo
Considering the West line of the Southeast Quarter of said Section 5 as bearing North
00046'33" West with all bearings contained herein relative thereto:
BEGINNING at the Center Quarter corner of said Section 5; thence along the West line
of the Northeast Quarter of said Section, North 00 °46'58" West, 198.30 feet; thence,
South 89044'14" East, 2705.21 feet to a point on the East Right-of-way line of
County Road No. 9; thence along said East Right-of-way line, South 01 027'42" East,
197.1 1 feet; thence continuing along said East Right-of-way line, South 01 024'57"
East, 627.62 feet; thence, North 88 ° 12'51 " West, 388.58 feet; thence, South
00108'21" West, 519.34 feet; thence, South 89054'57" East, 113.20 feet to the
Northwest corner of that parcel described in Book 1 264 at Page 300; thence along the
West line thereof, South 01 °24'57" East, 654.53 feet to a point on the North line of
that parcel described in Book 2212 at Page 0600; thence along the Northerly line
thereof by the following Twelve (12) courses and distances, North 79°41'32" West,
370.98 feet; thence, South 73°39'53" West, 260.98 feet; thence, North 82005'57"
West, 200.63 feet; thence, North 54153'37" West, 115.82 feet; thence, North
66042' 1 2" West, 133.72 feet; thence, South 88 020'38" West, 128.89 feet; thence,
North 22008'37" West, 71.12 feet; thence, North 65009'47" West, 119.57 feet;
thence, North 73'38' 17" West/2W89.66 feet; thence, South 65 °09'43" West, 439.76
feet; thence, North 58°23'27 est, 322.36 feet; thence, North 75°11'42" West,
202.65 feet to a point on th West line of said Southeast Quarter; thence along said
West line, said line also bei g the East line of Stetson Creek P.U.D., Third Filing, North
00046'33" West, 1430. 3 feet to the POINT OF BEGINNING.
The above described tract of land contains a net area of 106.157 acres more or less
and is subject to all easements and rights -of -way now on record or existing.
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
A tract of land located in the East Half of Section 5 and the West Half of Sec ion 4, Township
6 North, Range 68 West of the 6th Principal Meridian, County of /on
Late of Colorado,
being more particularly described as follows:
Considering the West line of the Southeast Quarter of said Sas bearing North
00°46'33" West with all bearings contained herein relative theret
,
BEGINNING at the Center Quarter corner of said Section 5; th ce along the West line of the
Northeast Quarter of said Section, North 00046'58" We , 198.30 feet; thence, South
89044' 14" East, 2705.21 feet to a point on the East Right-of-way line of County Road No. 9;
thence along said East Right-of-way line, South 01 °27'42" East, 197.11 feet; thence
continuing along said East Right-of-way line, South 01 02 57" East, 627.62 feet; thence, North
88012'51" West, 388.58 feet; thence, South 00108%21" West, 519.34 feet; thence, South
89154'57" East, 113.20 feet to the Northwest corner of that parcel described in Book 1264
at Page 300; thence along the West line thereof, South 01 024'57" East, 654.53 feet to a point
on the North line of that parcel described in Book 2212 at Page 0600; thence along the
Northerly line thereof by the following Twelve (12) courses and distances, North 79041'32"
West, 370.98 feet; thence, South 73°39'53" West, 260.98 feet; thence, North 82°05'57"
West, 200.63 feet; thence, North 54153'37" West, 115.82 feet; thence, North 66'42'12"
West, 133.72 feet; thence, South 88020'38" West, 128.89 feet; thence, North 22008'37"
West, 71.12 feet; thence, North 65°09'47" West, 119.57 feet; thence, North 73038'17"
West, 289.66 feet; thence, South 659b9'43" West, 439.76 feet; thence, North 58023'27"
West, 322.36 feet; thence, North 75°/11'42" West, 202.65 feet to a point on the West line of
said Southeast Quarter; thence along said West line, said line also being the East line of Stetson
Creek P.U.D., Third Filing, North 00°46'33" West, 1430.43 feet to the POINT OF BEGINNING.
The above described tract of nd contains a net area of 106.157 acres more or less and is
subject to all easements and ights-of-way now on record or existing.
Owner's Signature
_10 s i
Address
City 7 State Zip
Owner's Signature
Address
City State Zip
4
Date Date
PETITION FOR ANNEXATION
The UNDERSIGNER (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 Ruff
Annexation to the City of Fort Collins. Said area, consisting of approximately (106.157 +%-) 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 Ci# of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-105, CA.S., exist or have been
met.
3. That not less than one -sixth of the perimeter of the; a proposed to be annexed is
contiguous with the boundaries of the City of Fort Colli .
4. That a community of interest exists between the are roposed to be annexed and the City
of Fort Collins.
5. That the area proposed to be annexed is inte red with or capable of being integrated
with the City of Fort Collins.
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 compris 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 o ned by the City of Fort Collins.
8. That the City of Fort Collins Mall not be required to assume any obligation respecting the
construction of water mainy, sewer lines, gas mains, electric service lines, streets or any
other services or utilities ih connection with the property proposed to be annexed except
as may be provided by tt}' ordinance of the City of Fort Collins.
Further, the petitioners �itpral
sent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion
of such property into the Muni Subdistrict, Northern Colorado Water Conservancy District.
The petitioner speci cally reserves the right to withdraw this petition at any time prior to the
Second Reading of the An exation 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 th area described on Attachment "A". Furthermore, the Petitioners request that
said area be place in the LMN-Low Density Mixed Use Neighborhood District Zone District
pursuant to the Use Code of the City of Fort Collins.
City of Fort Collins
DATE:
TO:
FROM:
RE:
City Attu ney
CONFIDENTIAL
MEMORANDUM
May 4, 1998
Steve Olt, City Planner, Current Planning
W. Paul Eckman, Deputy City AttorneW4
Ruff Annexation
Attached please find a "marked -up" copy of the Petition for Annexation that you provided me
regarding the Ruff Annexation. Indeed, this Petition is rather rough. In the opening paragraph the
word "uNDERSIGNER" should be "urDERsiGNED". The name of the annexation need not be
underlined if you are actually typing in the name. The underline was only on the form, and if you are
using the form, you could write the name in long -hand. Also, in the opening paragraph, you should
spell out the acres in english and then put the arabic numerals in parentheses.
More importantly, paragraphs 5 and 6 of the Petition that you provided for me say exactly the same
thing. Paragraph 5 is incorrect. Please use the language from paragraph 5 in our standard form.
The paragraph regarding the Northern Colorado Water Conservancy District is not as the City has
agreed to include in its petitions for annexation. Please use the paragraph that we have included in
the standard form.
The paragraph regarding the right to withdraw the petition is not in our standard form but is
acceptable and may be included in this petition, however, it should say "annexation ordinance".
The second page entitled "Legal Description of Real Property Included in the Annexation" is
incorrect. Please use the second page that we have included on our standard form. Also, since you
are using an attachment to provide the legal description, you will not need to type the legal
description on the standard form second page. Instead, you will need to put in parentheses, the words
"SEE ATTACflN ENT `A"' or something to that affect. Attachment "B" is acceptable. The Attorney
Certification is okay but it is not the certification that we have included on our standard form. I
would prefer that you use the standard form attorney certification, unless that is a big problem.
You may have noticed that I have sent to Bob, you and Kim, an electronic version of our standard
form of Petition for Annexation. Hopefully that will assist you in the preparation of these petitions
in the future. I did not include the optional paragraph regarding the reservation of the right to
withdraw the petition prior to second reading since I didn't want that to become a common -place
practice. The reservation of the right to withdraw the petition is not necessarily in the best interests
of the City even though we typically do not object to it.
WPE:med
Attachment
300 LaPorte Avenue • PO. Box 580 • Fort Coffins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327