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HomeMy WebLinkAboutFORT COLLINS INDUSTRIAL & TECHNICAL PARK VENTURE - FIRST ANNEXATION & ZONING - 3-89, A - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONE -ro 'PL A A) /rJ 1 ) GILBERT GOLDSTEIN, P.C. Attorney and Counselor at Law One DTC, Suite 1150 5251 DTC Parkway Englewood, Colorado 80111 Gilbert Goldstein February 13, 1989 Thomas J. Peterson Director of Planning Planning Department 300 LaPorte Avenue Fort Collins, CO 80522 Re: Fort Collins Industrial Tech Park Venture Annexation Dear Mr. Peterson: Enclosed herein please find the originals, plus one copy, of the petitions for annexation concerning the above entity for presentation at the Fort Collins City Council meeting on February 21, 1989. If you have any question, or if we may be of further assistance, please do not hesitate to call this office. Yours truly, Darla H. Decker Secretary to Mr. Goldstein •E. Enclosures (303) 796-2100 0 • t PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Fort Collins Industrial and Technical Park Venture 1st Annexation to the City of Fort Collins. Said area, consisting of approximately 38.24 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 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 =xists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will to urtanized 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 land in 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. Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the Zoning District pursuant to Chapter 118 (Zoning) of the Code of the City of Fort Collins in accordance with Exhibit B attached hereto. This petition for annexation is sutmitted contingent upon zoning set forth in Exhibit B attached hereto. In the event such rezoning is not approved then this petition shall be null and void. • • STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) 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. Gilbert Goldstein - No. 141 5251 DTC Parkway, Suite 1150 Englewood, Colorado 80111 (303) 796-2100 Subscribed and sworn to before me this Z�day of February, 1989, ty Gilbert Goldstein, 5251 DTC Parkway, Suite 1150, Englew Colorado 80111. Y pVe`/ Witness my hand and official seal. DARLA H. My commission expires: 3 - %- ,k N DECKER Notary Public 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 situate in the northeast quarter of section 8, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the west line of the northest quarter of said section 8 as bearing N00 24' 31"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the north quarter corner of said section 8 and runs thence SOO 24' 31"W 80.00 feet to the True Point of Beginning, said point being on the south line of the Burlington Northern Railroad ROW; thence S89 10' 29"E 2610.78 feet along said south ROW line to a point on the east line of said section 8; thence SOO O1' 29"E 600.07 feet along the east line of said section 8; thence N89 10' 29"W 2615.34 feet to a point on the west line of the northeast quarter of said section 8; thence NOO 24' 31"E 600.02 feet to the point of beginning. Containing 35.9927 acres. FORT COLLINS INDUSTRIAL AND TECHNICAL PARK Vpgux By er's Signature WALTER STARK, Chairman of Managing Committee 1933 South Olive Street Denver, Colorado 80224 Date: �i ��� • • ATTORNEY CERTIFICATION I, Gilbert Goldstein, an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the Certificate of Title issued by Security Title Guaranty Co., a copy of which certificate is attached hereto, 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 50p 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. c Gilbert Goldstein No. 141 5251 DTC Parkway, Suite 1150 Englewood, Colorado 80111 (303) 796-2100 Date: • • ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimcr, State of Colorado to -wit: LEGAL DESCRIPTION OF FORT COLLINS INDUSTRIAL AND TECHNICAL PARK VENTURE FIRST ANNEXATION A tract of land situate in the south one-half of section 5 and the north one half of section 8, all of Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the west line of the northeast quarter of said section 8 as bearing N00 24' 31"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the north quarter corner of said section 8 and runs thence N89 10' 47"W 30.00 feet along the north line of said section 8 to the True Point of Beginning; thence N00 00' 07"W 300.00 feet; thence S89 10" 47"E 30.00 feet to a point on the west line of the southeast quarter of said section 5; thence N00 00' 07"W 1904.23 feet along the west line of the southeast quarter of said section 5; thence N76 56' 38"E 30.80 feet; thence S00 00' 07"E 2211.62 feet to a point on the south line of the southeast quarter of said section 5; thence S00 24' 31"W 80.00 feet to a point on the south ROW line of the Burlington Northern Railroad; thence S89 10' 29"E 2580.78 feet along said south ROW line to a point on the east line of said section 8; thence S00 01' 29"E 600.07 feet along the east line of said section 8; thence N89 10' 29"W 2615.34 feet to a point on the west line of the northeast quarter of said section 8; thence N89 10' 29"W 30.00 feet; thence N00 24' 31"E 680.01 feet to the point of beginning. Containing 38.2433 acres. CI MIIBIT B Zoning per Section 29-385(1) of the Fort Collins Code provided, however, that there be added thereto: (a) Any residential uses: and (b) The provisions of Paragraph 29-526 shall not apply. 0 • COMMITMENT FOR TITLE INSURANCE ISSUED BY SECURITY TITLE GUARANTY COMPANY agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to In this Commitment as the Company, through Its agent, Security Title Guaranty Company, referrod to In this Agreement as the Agent, agrees to Issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed Insured In Schedule A. this Commitment becomes effective as of the Commitment Date shown In Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is Issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1 The Exceptions In Schedule B-2 The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company ar PRESIDENT ATTEST kl— C. SECRETARY or�/�' COUHTER31G"E0 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the slate law where the land Is located. 2. LATER DEFECTS The Exceptions in Schedule © - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule 8 - Section 1 are met. We shall have no liability to you because of this amendment. I EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. I. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule 8 - Section 2. We shall not be liable for more than the Policy Amount shown in SchedulA of IN Commitment and our liability Is subject to the terms of the Policy form to be e Issued to you. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. t 00.200.1 r Orrn NO 1344•A)CO.87) rN snnplr ALTA PAIR L8n0u8pf COrnfmjT#n, 11/4/87 RM jeb SCHEDULEA 1. Commitment Date: 10/29/87 at 8:00 a.m. Commitment No 2. Policy or Policies to be issued. (a) Owners Policy S Proposed Insured: (b) Loan Policy Proposed Insured Z (c) Proposed Insured: $ F-24299 Policy Amount 3 The fee simple interest In the land described In this commitment is owned, at the Commitment Date by FORT COLLINS INDUSTRIAL, 6 TECIINICAL PARK VENTURE 4. The land referred to in this Commitment is described on schedule C. CHARGESr OWNER'S POLICY MORTGAGEE'S POLICY FORM 100 _..... _..... SURVEY TAX CERTIFICATE _............. ABSTRACT UPDATE .... SEARCII FEE ENDdK9EJNtEIIY/ ,.100:.00 PLEASE REFER TO OUR CASE REMITTING PAYMENT TO INSURE _REDIT 0 • ror"O tU4'911C0-IrI31@nd&rd ALTA ►qrn Lanquep Coemrnit"N,, (STANDARD) SCHEDULES -Section 1 Requirements The following requirements must be met: (a) Pay the agreed amounts for the Interest in the lend and/or for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy, (c) The following documents satisfactory to us must be signed, delivered and recorded: NONE 0 I01M N0 13"-92(co-87) AItA PIGM Lsnq eqe Commilment SCHEDULE B - Section 2 Exceptions No. Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose, and which are not shown by the public record. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 6. Taxes for the current year, including all taxes now or heretofore assessed, due or payable. 7. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power, telephone, or water lines, railroads and rights of way and easements therefore. 8. All restrictions, covenants, declarations, conditions and mineral reservations of record, if any. 9. Deed of Trust from Western States Realty 6 Investment Company, a Colorado Corporation to the Public Trustee of Larimer County for the benefit of Lincoln Land Acqutsition Corporation, a Colorado Corporation securing an original principal indebtedness in the principal sum of $554,004.00, and any other amounts and/or obligations secured thereby dated December 1, 1973 and recorded December 18, 1973 in Book 1582 at Page 813. Assignment of the above Deed of Trust to Peter J. Prato recorded June 7, 1974 in Book 1604 at Page 0748. Assignment of the above Deed of Trust to Stephen D. Prato recorded July 10, 1986 at Reception No. 86037116. The following numbered exceptions issued under Schedule A, Paragraph under Schedule B-1. SEE ATTACKED PAGE 2 may be eliminated In the policy to be upon fulfillment of the requirements specified F] Schedule B Section 2 continued Page 2 10. Deed of Trust from Western States Realty 6 Investment Company, a Colorado Corporation to the Public Trustee of Larimer County for the benefit of Lincoln Land Acquisition Corporation, a Colorado Corporation securing an original principal indebtedness in the principal sum of $554,004.00, and any other amounts and/or obligations secured thereby dated December 1, 1973 and recorded December 18, 1973 in Book 1582 at Page 817. Assignment of the above Deed of Trust to Peter J. Prato recorded June 7, 1974 in Book 1604 at Page 0758. Assignment of the above Deed of Trust to Stephen D. Prato as Trustee of the Peter Prato Irrevocable Truste dated June 20, 1986 recorded October 29, 1986 at Reception No. 86062700. 0 • fan+ He IM&A cic0•A7) SCHEDULE C The land referred to in Schedule A is situated in the State of Colorado. County of -Larimer and is described as follows. The North 1/2 of a tract of land situate in the Northeast 1/4 of Section 8. Township 7 North, Range 68 West of the 6th P.M., Larimer County. Colorado, which considering the North line of the said Northeast 1/4 as bearing S 89*11' E acid with all bearings contained herein, relative thereto, is more particularly described as follows: Beginning at a point on the West line of the said Northeast 1/4 which bears S 00*23' W. 80.00 feet from the North 1/4 corner of said Section 8, and run thence S 89011' E 2610.78 feet along with South line of the Colorado and Southern Railroad to a point on the East line of the said Northeast 1/4; thence S 00*02' E 2566.49 feet to the East 1/4 corner of said Section 8; thence N 89*10' W 2285.45 feet along the South line of the said Northeast 1/4; thence N 00*23' E 56.00 feet; thence N 89010' W 344.00 feet to a point on the West line of the said Northeast 1/4; thence N 00*23' E 2509.51 feet to the point of beginning. The South 1/2 of a tract of land situate in the Northeast 1/4 of Section 8, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the :forth line of the said Northeast 1/4 as bearing S 89011' F, and with all bearings contained herein relative thereto, is more particularly described as follows: Beginning at a point on the West line of the said Northeast 1/4 which bears S 00*23' W 80.00 feet from the North 1/4 corner of said Section S. and run thence S 89011' E 2610.78 feet along with South line of the Colorado and Southern Railroad to a point on the Fast line of the said Northeast 1/4; thence S 00*02' E 2566.49 feet to the East 1/4 corner of said Section 8; thence N 89010' W 2285.45 feet along the South line of the said Northeast 1/4; thence N 00*23' E 56.00 feet; thence N 89*10' W 344.00 feet to a point on the West line of the said Northeast 1/4, thence N 00*23' E 2509.51 feet to the point of beginning. EXCEPT that portion of subject property as conveyed in Deed recorded April 21. 1978 in Book 1851 at Page 323.