Loading...
HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL ..... ROUND OF REVIEW 9 - 31-95E - LEGAL DOCS - LEGAL COMMUNICATION (3)ATTACHMENT "A" LAND DESCRIPTION All that portion of the northeast quarter of Section 25, Township 8 North, Range 69 West, of the 6d' P.M., Larimer County, Colorado, more particularly described as follows: Considering the north line of the northwest quarter of Section 30, Township 8 North, Range 68 West said 6' P.M. as bearing SOUTH 89°59'50" EAST and with all bearings contained herein relative thereto. Commencing at the northeast corner of said Section 25; Thence along the east line of said northeast quarter of Section 25 SOUTH 00'07'11" EAST 139.64 feet to the northerly line of COUNTRY CLUB NORTH SECOND ANNEXATION to the City of Fort Collins, Colorado and the TRUE POINT OF BEGINNING; Thence continuing along said east line of the northeast quarter of Section 25 SOUTH 00'07'11" EAST 1210.35 feet to the east prolongation of the south right-of-way line of Inverness Street according to the recorded plat of Highland Place, Larimer County, Colorado; Thence along said prolongation NORTH 89'49'11" WEST 30.00 feet to the south prolongation of the west right-of-way line of North County Road 13 and a line which is parallel with and 30.00 feet (measured at right angles) west of said east line of the northeast quarter of Section 25; Thence along said prolongation and said west right-of-way line and said parallel line NORTH 00'07'11" WEST 1210.19 feet; Thence leaving said parallel line NORTH 89052'49" EAST 3 0. 00 feet to the TRUE POINT OF BEGINNING. Said portion contains 0.83 acres, more or less. The individual Petitioner signing this Petition represents that it owns the portion(s) of the area described on Attachment "A" as more particularly described below: "See Legal Description on Attachment `A'." IN WITNESS WHEREOF, I have executed this Petition for Annexation this day of .2001. (SEAL) ATTEST: LARINIER COUNTY, COLORADO By: r �� Kathay Rennel , Chair Board of County Commissioner Larimer County Courthouse 200 West Oak Street Fort Collins, CO 80521 2 rrd 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 to be referred to as the North County Road 13 Annexation to the City of Fort Collins ("City"). Said area, consisting of approximately .83 acres, is more particularly described on Attachment "A" attached hereto. The Petitioner alleges: That it is desirable and necessary that such area be annexed to the City so that the full width of the roadway will be within the City and subject to City standards and City maintenance, as required as a condition of the City's approval of the Hearthfire PUD Second Filing, a subdivision of 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. 4. That a community of interest exists between the area proposed to be annexed and the City. 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, or capable of being integrated, with the City. 7. That the Petitioner herein comprises more than fifty percent (50%) of the landowners in the area and owns more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City. 8. That the City 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. 9. That the zoning district classification requested for the area to be annexed is consistent with the area's designation in the City's Structure Plan. WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A". Furthermore, the Petitioner requests that said area be placed in the Urban Estate (U-E) Zone District pursuant to the Land Use Code of the City. January 21, 1997 WHEREFORE, said petitioner requests that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioner requests that said area be placed in an appropriate zoning district, to be determined by the Council of the City of Fort Collins, pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. ,COLORADO By: jrard of County Commis"ers rimer County Courthouse 200 West Oak Street Fort Collins, CO. 80524 Date: (SEAL) ATTEST: Sherry E. G v , Deputy County Clerk PETITION FOR ANNEXATION The undersigned hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area to be referred to as the North County Road 13 Annexation to the City of Fort Collins. Said area, consisting of approximately 0.83 acres, is more particularly described and shown on Exhibit "A" attached hereto and incorporated herein by reference. The petitioner alleges: 1. 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. Paul Eckman, Esq. December 31, 1996 Page 2 Please let me know if you have any questions. Otherwise, I will proceed as indicated in this and my earlier letter to you. Sincerely, MARCH & MYATT, P.C. By: C Luc a A. Li ev LAL/glr cc: Bill Yunker Craig Hash Tom Dugan Brian Shear Kerrie Ashbeck ARTMUM C. MARCM. JM. MAMSCT O. M TA TT MONCRT W. SMAMOCS. JR. MICMAMO S. OAST LUCIA A. LILCT J. •RAOrORO MARCH LIMO^ S. M166CM JC IFMCT'J. JOMMSOM MATTMCW J OOUOLAS MARCH & -NfY_-%,TT, P.C. ^TTORNCTS AMj LOUT-aCLC/IS AT LAW ,10 CAST OAK STMCCT POET COLLLVS. COLORADO aOZ2A-28aO 10701 A42-A322 TCLCCOMICM t9701 A62-3026 December 31, 1996 Paul Eckman, Esq. City Attorneys office City of Fort Collins 300 Laporte Avenue Fort Collins, Colorado RE: Hearthfire PUD Road Annexations Dear Paul: A RTM U R C MA RC M '90 W.991 MA,LIMG AOOMCSS: M.O. max 469 FORT COLLIMS. CO 80522-0^69 VIA HAND DELIVERY As a follow-up to my earlier letter to you concerning annexing County Road 13 and Hearthfire Way, I have since had some additional conversations with County staff about these annexations which I need to relate to you. Rex Burns has asked .ne to prepare an annexation petition for County Road 13 for signature by the Board of County Commissioners. He will obtain that signature, and I will submit the signed petition to the City Planning Department to hold until after final approval as we discussed. In connection with '7the -annexation of .Hearthfire -Way, Rob Helmick (a-County"'Plariner wiio-had no£"`been involved with my earlier discussions with Rex and Jeannine Haag) would like the developer to submit an amended --exemption -application -to--take'ficare'­,-of :-zany potential subdivision issue since Hearthfire Way bisects a 37-acre tract of land. Ms a condition of the exemption request, he wants a commitment from the developer that the 37-acre bisected parcel will be developed for no more than one principal use. This has already been agreed to between the developer and the neighborhood, so this request is not a change. I will prepare the exemption request, have it signed by the developer along with the annexation documents for Hearthfire Way and submit all of the signed documents to the City Planning Department to be handled as discussed in my earlier letter. Paul Eckman Esq. December 19, 1996 Page 2 with a letter accompanying the petition stating that the City has permission to date the petition after final approval and closing on the property. I will also prepare a dedication deed for this off - site property, conveying it to the City for use as a public street. I will use the same procedure for this document as that for the annexation petition. If you have any questions or wish to add anything to the above -described process, please let me know as soon as possible. Thanks for your help. Sincerely, By LAL/glr cc: Bill Yunker Craig Hash Tom Dugan Brian Shear MARCH & MYATT, P.C. V AwTMUR C. MAac... JR RAMSCT O. ""TT RO ■CRT W. a R A N O CS. in RICNARO S. OAST LUCIA A. LILCT .1. 6RA0WOR0 MAMCM LINDA S. MiLLCR JCI►RCT J. JOMNSON MATTMCW J. DOUGLAS MARCH & MYATT. P.C. ATTDRNZY5 AND COUNSELORS AT LAW 110 CAST OAA 3TRCCT PORT COLLIVS. COLORADO a032a 2_880 1970) A62-A322 TCLCCOPICM 49701 Aa2-303a December 19, 1996 Paul Eckman, Esq. City Attorneys Office City of Fort Collins 300 Laporte Avenue Fort Collins, Colorado RE: Hearthfire PUD Road Annexations Dear Paul: Y R T M U R [. M ARC M .009-106. MAULING AOOMCSS: PO. a0% 469 TORT COLLINS. CO 60323-0.69 VIA HAND DELIVERY The final documents for Hearthfire PUD have now been filed with the City, and this matter is tentatively scheduled for the January Planning and Zoning Board meeting. This letter is to confirm our earlier discussion regarding the procedure for annexation of Hearthfire Way and a portion of County Road 13. As you may recall, Hearthfire PUD is adjacent to a portion of County Road 13, which is a Larimer County public road. Hearthfire Way is currently undeveloped property located in the County which will be improved by the developer as a public street, providing access from Hearthfire PUD to Douglas Road. We agreed to attempt to get an annexation petition signed by Larimer County for the annexation of that portion of County Road 13 adjacent to Hearthfire PUD. I have spoken with Rex Burns in County Engineering, and he has confirmed that the County is in favor of this annexation. I am preparing the petition and map which Rex will review and then forward to the Board of County Commissioners for execution. We will submit the signed petition to the Planning Department, and the City is then free to annex it whenever it chooses. As agreed, I am also preparing an annexation petition and map for Hearthfire Way which will need to be annexed in concurrent segments because of the one -sixth contiguity requirement. It makes no sense to annex this property for a future local street to service the development unless Hearthfire PUD is given final approval by the Planning and Zoning Board. Since this property is under an option contract and will not be purchased by the developer until after Planning and Zoning Board final approval, the developer will sign, but not date, the petition. I will provide your office 1 L MARCH, LILEY & OLIVE, P.C. ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW LUCIA A. LILEY 110 E. OAK STREET J. BRADFORD MARCH FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH STEW ART W. OLIVE (970) 482-4322 1908-1961 Fax (970) 482-5719 September 28, 2001 Steve Olt, Project Planner Current Planning Department City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 Re: Hearthfire PUD, 2' Filing, #3I-95E, North County Road 13 Annexation Dear Steve: On page 1 of the Staff Project Review provided to PineCrest Planning & Design, LLC on July 3, 2001, you inquire about the "North County Road 13 Annexation." The Hearthfire PUD 2' Filing (the "Second Filing") is adjacent to a portion of North County Road 13 ("NCR 13"). As you stated, the east half of NCR 13 was annexed into the City with the Country Club North Second Annexation. The west half remains in Larimer County ("County"). Following approval of the Hearthfire PUD preliminary plans in September of 1996 and numerous discussions with the engineering departments and legal counsel for both the City and the County, the Developer of the Hearthfire PUD "agreed to attempt to get an annexation petition signed by Larimer County for annexation of that portion of County Road 13 adjacent to Hearthfire PUD" for the City's processing "whenever it chooses." Please see copies of my letters to Paul Eckman dated December 19 and December 31, 1996. We prepared an annexation petition which was signed by Jim Disney, as Chair of the Board of County Commissioners, on January 23, 1997, and submitted to Michael Coley of the City's Engineering Department. Please see a copy of the original petition signed by Jim Disney. Because Mr. Disney's signature on the annexation petition is now too old to comply with the annexation statute, we are attempting to obtain the signature of Kathay Rennels, the current Chair of the Board of County Commissioners. Since, however, the submission of an annexation petition forNCR 13 was not a condition of the preliminary approval, we request that the comment regarding the NCR 13 annexation be deleted from the staff comments so as not to prevent the Second Filing from being scheduled for hearing. LAL/nth enclosures cc: Thomas J Sincerely, IIn Dugan, PineCrest Planning & Design, LLC