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HomeMy WebLinkAboutEAST RIDGE SECOND ANNEXATION & ZONING - 33-98E - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT"C" ATTORNEY CERTIFICATION 1, Lucia A. L i 1 ey , an attorney licensed to practice in the State of Colorado, hereby certifies that I have examined the records of the Clerk and Recorder of Larimer County, Colorado and have verified that the signer of this Petition of Annexation for the area referred to as the East Ridge Annexation No. 2 to the City of Fort Collins is the fee simple owner of more than fifty percent (50%) of the area proposed for annexation. Furthermore, I certify that said fee simple owner constitutes more than fifty percent (50%) of the land owners in the area proposed for annexation, as said area is described on Attachment "A" of said Petition for Annexation, e)gclusive of streets and alleys. July 28, 2005 Date 6402 Attorney Reg. No. ATTACHMENT "B" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his/her oath states: That he/she 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. a�apmuuuu�it�� 005, Subscribed and sworn to before me this ZI day of by 1Cl �IfYL. SSy Member of East Ri Ofl'0,b%oi1ins, LLC. WITNESS my hand and official seal. ? �O• •C) 8 n Commission Expiration • �•� .i�����p?� ATTACHMENT "A" LEGAL DESCRIPTION OF ANNEXATION AREA (Petition of East Ridge of Fort Collins, LLC) A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTZ=R OF SECTION 8, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE -OF THE NORTHEAST QUARTER OF SAID SECTION 81 S88950'34"E8 934,40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE 688050'34"E, 538.83 FEET; THENCE 870000'00'W, 155,15 FEET; THENCE N88050'34"W, 214.07 FEET; THENCE N71034'00"W, 108.57 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 21,081 SQUARE FELT (0.48 ACRES) MORE OR LESS AND 1S SUBJECT TO ANY AND ALL EASEMENTS OR -RIGHTS -OF -WAY OF RECORD OR THAT NOW EXISTON THE GROUND, THE BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8. THE EAST END OF SAID LINE IS MARKED BY A NO. G REBAR WITH A 2" ALUMINUM CAP STAMPED LS 7839, AND THI: WEST END OF SAID LINE IS MARKED BY A NO, a RESAR WITH A 2'/' ALUMINUM CAP STAMPED LS 17497. THE BEARING OF SAID NORTH LINE IS N88"50'34"W, 2529.54 FEET AS DETERMINED BY GEODETEC (GPS) OBSERVATIONS. IN WITNESS WHEREOF, I have executed this Petition for Annexation on the date indicated below: PETITIONER/OWNER: East Ridge of Fort Collins, LLC, a Colorado limited liability company By: DATE OF SIGNATURE: MAILING ADDRESS: 4190 North Garfield Avenue Loveland, CO 80538 PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area consisting of approximately .48± acres (hereinafter referred to as the "East Ridge Annexation No. 2") to the City of Fort Collins. The area proposed to be annexed is more particularly described on Attachment "A" attached hereto and incorporated herein by reference. A. The Petitioner alleges: 1. That it is desirable and necessary that the 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. 0 5. That the area proposed 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 Petitioner comprises more than fifty percent (50%) of the landowners of the area proposed to be annexed and owns more than fifty percent (50%) of the area proposed to be annexed, excluding public streets and alleys. 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 area proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. B. As an express condition of annexation, Petitioner consents to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-45-136(3.6) C.R.S. Petitioner acknowledges that, upon inclusion into the Subdistrict, the Petitioner's 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 the Petitioner's property. Petitioner agrees 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. Petitioner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the annexation of the East Ridge Annexation No. 2 described on Attachment "A." Furthermore, the Petitioner requests that the East Ridge Annexation No. 2 be placed in the Low Density Mixed -Use Neighborhood District (L-M-N) pursuant to the Land Use Code of the City of Fort Collins. ® (Check box if applicable). The Petitioner reserves the right to withdraw this Petition for Annexation and its signature therefrom at any time prior to second reading of the ordinances annexing and zoning the East Ridge Annexation No. 2. The Petitioner signing this Petition represents that it owns the area described on Attachment "A".