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HomeMy WebLinkAboutFORT COLLINS INDUSTRIAL & TECHNICAL PARK VENTURE - FIRST ANNEXATION & ZONING - 3-89, A - SUBMITTAL DOCUMENTS - ROUND 1 - MEMO / A & Z PUBLIC HEARINGSMEMORANDUM TO: Steve Roy, City Attorney Wanda Krajicek, City Clerk FROM: Ken Waido, Chief Planner DATE: �icuuv�. 2 RE: Scheduling of Public Hearings Before the City Council Listed below are the key public hearing dates and other pertinent information for the specifically described project. / .n A. Project Name: —f; �o�/pus ��e�L45 t�e� i T�14ujui1 /'a✓k I/G.ttKVC ici 5iy B. Project Number: # 3 - 5-97, A C. Request: V/ Annexation and Initial Zoning to the I-6- Zone. Rezoning from the Zone to the Zone. D. Type of Annexation: Enclave 100% Voluntary Over 50% Voluntary Involuntary (less then 50%) E. Petition and Legal Description Attached: It/ Yes No If No, please explain: F. Planning and Zoning Board Hearing Date: 2-7_ I951 Recommendation: Approval by a Vote of Conditional Approval by a Vote of Denial by a Vote of G. Public Hearing Dates before the City Council: = klettayy Resolution Finding Significant Compliance Resolution of Intent to Annex *,epG,1 2-14 First Ordinance Readings 1-1.0-466 H:avl;�f1 14 Al ri / -1 , l �/ y Second Ordinance Readings H. Districts providing service in the area to be annexed which must be notified of the annexation request. Poudre R-1 School District Thompson R2-J School District ✓Poudre Valley Fire Authority V/ Poudre Valley Hospital Larimer County Pest Control Boxelder Sanitation District Cherry Hills Sanitation District Mountain View Sanitation District South Ft. Collins Sanitation District East Larimer Water District Ft. Collins -Loveland Water District V N. CO Water Conservancy District Sunset Water District West Ft. Collins Water District V Public Service Company \/'_ Poudre Valley REA, Inc. • * PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Col- lins, Colorado, for the annexation of an area, to be referred to as the R Co!lias T..ilastvia/ yK�.! T�tiy«ci /�a✓� 11—em' ava Givst Sweemo( Annexation$to the City of Fort Collins. Said area, consisting of approximately 3V.&y w4 lty.y3 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. 1973, 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 amendment to Article II of the Constitution of the State of Colorado, passed on November 4, 1980, establishing the require- ment that an annexing municipality receive a petition for annexa- tion si -d by more than 50a of the landowners in the area owning more than 50% of the land in the area, exclusive of streets and alleys, has been complied with. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the peti- tioners request that said area be placed in the See Exhibit B attached hereto Zoning Dis- trict pursuant to Chapter 118 (Zoning) of the Code of the City of Fort Col- lins. The South 1/2 of a trac,, of land situate in the Northea 1/4 of Section owns-iip—T North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4 as bearing S 89011' E 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 00023' 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 00002' 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 00023' E 56.00 feet; thence N 89010' W 344.00 feet to a point on the West line of said Northeast 1/4; thence N 00023' E 2509.51 feet to the point of beginning, containing 76.94535 acres, more or less, and being subject to a right of way for Summit View Road over the Westerly 30.00 feet thereof; The NorT; 1!2 of a tract of land situate in the Northeast 1/4 of Section owns North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4 as tearing S 39011' E and with all bearings contained herein, relative thereto, is more particularly described as follows: Beginning at a point can the West line of the said Northeast 1/4 which bears S 00023' W 80.00 sect 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. 0000 2' 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; U 0 023' E 56.00 feet; thence N 89010' W 344.00 feet to a point on the hest line of said Northeast 1/4, thence N v0023` E 2509.51 feet 11. the point of beginning, containing 76.94535 acres, more or less, and being subject to a right of way for Summit View Road over the Westerly 30.00 feet thereof Together with all water and water rights, ditch and ditch rights used thereon or appurtenant thereto, including, but not limited to, 160 shares of the capital stock of No. 10 Ditch Company. f'ORT COLLZNS INDUSTRIAL AND �=11NICAL PARK BY: iL Z. PHILIP Ss T ature Co -Chairman of Managing Committee Address City State Date FORT- S . INDUSTE7IAL�- TES INICAL Ovfnd'r's Signature WALTER STARK, Chairman of Managing Committee 1933 South Olive Street Address Denver, Colorado 80224 City State November 9, 1987 Date Zip PARK Vf f\MI STATE OF COLORADO) ) ss. COUNTY OF DENVER ) 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, P.C. By: Gilbert Goldstein - No. 141 1234 Bannock Street Denver, Colorado 80204 (303) 572-8888 Subscribed and sworn to before me this 24th day of February , 19 88, by: Gilbert Goldstein, 1234 Bannock Street, Denver, CO 80204 Witness my hand and official seal. My Commission expires: 3-7-92 A4- li, No ary Public ti el DARtA H. DECKER CA �9rE OF C0�0�� ATTORNEY CERTIFICATION I, GILBERT GOLDSTEIN F an attorney licensed to practice in the State of Colorado, hereby certify that I have Certificate of Title issued by Security Title Guaranty Co., a examined the 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 500 of the landowners in the area proposed for annexation and own more than 500 of the land in said area, exclusive of streets and alleys. Signature Gilbert Goldstein - No. 141 1234 Bannock Street, Denver, Colorado (303) 572-8888 6 October 1987 Date • • 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, referred 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. t 9q oil P P f 1 F-0, I41 SEPTEMBEF 24. v j a I t96B i J m First American Title Insurance Company BY ATTEST PRESIDENT SECRETARY COUNTERSIGNED 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 state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - 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 B - Section 1 are met. We shall have no liability to you because of this amendment. 3. 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. 4. 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 B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be 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. 100.200.1 • Form No 4344-A(CO-87( Fee simple ALTA Plain Language Commitment 11/4/87 RM j eb SCHEDULE A t. Commitment Date: 10/29/87 at 8:00 a.m. 2. Policy or Policies to be issued: (a) Owners Policy Proposed Insured: (b) Loan Policy Proposed Insured (c) Proposed Insured: Commitment No. 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 & TECHNICAL PARK VENTURE 4. The land referred to in this Commitment is described on schedule C. CHARGES: OWNER'S POLICY ............... MORTGAGEE'S POLICY ............... FORM 100 SURVEY TAX CERTIFICATE .......... ABSTRACT UPDATE ....................... SEARCH FEE ENAdMt0Y/ 100.00 PLEASE REFER TO OUR CASE P!'.'".; "'. WHEN REMITTING PAYMENT TO INSURE Fr.j.,_,..,REDIT 0 0 Form No 1s"-B1(CO-87)Slandard ALTA Plain Language Commitment (STANDARD) SCHEDULE B - Section 1 Requirements The following requirements must be met: (a) Pay the agreed amounts for the interest in the land 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 Form No 1344-V2 CO-87) ALTA Plain Langjage Commitment 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 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 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. SEE ATTACHED PAGE 2 The following numbered exceptions may be eliminated in the policy to be issued under Schedule A, Paragraph upon fulfillment of the requirements specified under Schedule B-1. Schedule B Section 2 continued Page 2 10. Deed of Trust from Western States Realty & 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. Form No 10564-C(CO-87) 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 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 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 00002' 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. 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 North line of the said Northeast 1/4 as bearing S 89*11' E 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 00023' 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 00002' 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. 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.