HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - SUBMITTAL DOCUMENTS - ROUND 1 - PETITION9
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
Noel Annexation to the City of Fort
Collins. Said area, consisting of approximately - 287.5525 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 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 (500k) 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.
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 &LaR. kRIE, - Zoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of -Fort Collins.
1
STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)
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.
Circulator's Signature
Subscribed and sworn to before me this I, 0 day of
19 by ia(�l�K.IGL�c� l,�Ca,�38u
Witness my hand and official seal.
My Commission expires: 2 9�
ota y Public
-2-
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 situate in the South 1/2 of Section 1`7, Township 7, North, Range
69 West of the Sixth P.M., Larimer County, Colorado which considering the East
line of the South 1/2 of .said Section 17 as bearing S OD° 311 W and with all .
be ari ngs contained herein, relative thereto is conta.i ned .within the : boundary
lines which begin at the. South-east corner of said 'Section 17 and run thence
S 850 30' W 2652.08 feetto the South 1/4 corner of said Section 17; thence
S 84 59' W 2740.32.feet to the Southwest corner of said Section 17; thence
N 000 38'. E 264.7..39 feet to -the West''1/4 corner of said Section.l7; thence N
856 20' 55" E 2733.98 feet to the. -Center. 1/4.corner of.said Section 17;.thence
along he East.line of the Southwest 1/4 of said Section 17, S 00 31'.55" W
59.7.50.feet; thence N 850 20' 55" E 2501.96 feet; thence S 00° 31' W 50.00 feet;
thence N 8510.20' 55 E 120.20 feet; thence N 000 31' E 236.10 feet; thence N .
856 20' 55" E 30.00 feet to the East line of the said South 1/2; thence along
said East. line,* S 00' 31' W 22..25.00 feet to the point of beginning, EXCEPT the
following described tract; Begin at the Southeast corner of said Section 17
and run thence N 000 31' E 1149.03 feet; thence S 85°.14' 18" W 3795.61 feet;
thence N.280 25' 23" W 385.10 feet; thence S 85' 14' 18" W 330.00 feet; thence
N 280 25' 23" W 14.00 feet to the true point of beginning; thence S 610 34'
37" W 100 A feet; thence N 280 25' 23" W 200.00'feet; thence N 61' 34' 37
E 200.00 feet; thence S 280 25' 23" E 200.00 feet; thence S 610 34' 37" W 100.00
feet to the true point of beginning. The above described tract contains 287.5525
acres more or less.
A tract of land situate :in the County -of Larimer, State of Colorado to -wit:
A'tract of_land situate in the South 1/2 of Section 1.7, Township.7 North, Range
.69 West of the. Sixth P.M., which considering -the East line of the South 1/2 of
said Section 17 as bearing S- OW 31'•W and with all bearings contained herein;
relative thereto is contained within the boundary lines which begin at the Southeast
corner of said Section 17 and run 'thence S 85' 30' W 2652.0.8 feet to the South
1/4 corner of .said Section 17; thence S 840 59'..W. 1181:25 feet along the South
dine of the'Southwest 1/4 of said Section 17; thence N 00' 35'•E 475.00 feet; thence.
S 840 59'.W 425.00 feet; thenceS 00' 35' W 475.00 feet to a point on the South
line of -the said Southwest 1/4; thence S 84' 59'•W 1134.07 feet to the Southwest
corner of. said Section 17; thence N 00' 38.' E 2647.39 feet to the West 1,/4 corner
of said Section 17; thence N 85' 20' 55" E'2733.98 feet to the Center 1/4 corner
of said Section 17; thence along the East line of. the. Southwest 1/4 of said Section
17, S OD° 31' 55" W 597.50 feet; thence N 85' 20' 55" E 2501.96 feet; thence S.
000 31' W 50.00 feet; thence N 85' 20' 55" E 150.20 feet to a point on.the East
l.in.e.of the said South 1/2; thence along said East line, S 000 31, W 1988.90 feet
to the point of beginning, EXCEPT the following -described tract: Begin at•the'
Southeast corner of said Section 17 and run thence N 00' 31' E 1149.03 feet; thence
S 850 14' 18" W 3795.51 feet;. thence N 286 25' 23"'W 385.10 feet; thence S 850
1.4' 18" W 330.00 feet; thence N 28° 25' 23" W 14.00 feet to the true point of
beginning•; thence S.610 34' 37" W 100.00 feet; thence N 28' 25' 23" W 20.0.00 feet;..
thence N.610 34' 37".E 200.00 feet; thence S 28' 25'.23" E 200.00 feet thence
S 610 34' 37" W 100.00 feet to the true point of beginning. The above described
parcel exclusive of the exception contains 282.7783 acres more or less..
ner s Signature Owner's Signature
Wallace R. Noel
253 Grey Rock. Road
Address Address
Bonner Peak Ranch -
LaPorte_, CO •80535
City State. Zip City State Zip
11/28/88
Date Date
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 Southwest 1/4 of Section 17, Township 7 .North, Range
69 West of. the Sixth P.M., whi'ch.considering the South line of the said Southwest
1/4 as bearing S 84' 59' W'and with all bearings contained herein relative thereto
is contained within the boundary _lines which begin at a point on the South Tine
of the said Southwest 1/4 which bears S-846 59' W 1181.25 feet from the•South 1/4
corner of said `Section 17 and run thence S 84° 59' W 425.00 feet..along the said
South line; thence N 00' 35' E 475.00.feet; thence N 84' 50' E,425.00 feet; thence
S 000 35' W 475.00 feet to the.point of beginhing,.containing 4.6123 acres more .
or less.
Owners Signature Owners Signature
City of Fort Collins
Address Address
City _ State Zip City State Zi.P
Date Date
ATTORNEY CERTIFICATION
I, 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 Ahe 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.
TRACT TO BE ZONED R.L.P.
A tract of land situate in the South 2 of Section 17, Township 7 North,
Range 69 West of the Sixth P.M., Larimer County, Colorado, which
considering the East line of the South 2 of said Section 17 as bearing
S 00° 31' W and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at the Southeast corner
of said Section 17 and run thence S 85° 30' W 2148.11 feet along the
South line of the said South 2; thence N 00° 31' E 2033.19 feet; thence
N 850 20' 55" E 1998.42 feet; thence S 00' 31' W 50.00 feet; thence N
850 20' 55" E 120.20 feet; thence N 000,31' E 236.10 feet; thence N 850
20' 55" E 30.00 feet to a point on the East line of the said South 2;
thence S 000 31' W 2225.00 feet to the point of beginning, containing
100.0105 acres more or less.
TRACT TO BE ZONED R.F.
A tract of land situate in the South 2 of Section 17, Township 7 North,
Range 69 West of the Sixth P.M., Larimer County, Colorado, which
considering the East line of the South 7 of said Section 17, as bearing
S 00° 31' W and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at a point on the South
line of the Southeast a of said Section 17, which bears S 850 30, W
2148.11 feet from the Southeast a of said Section 17, and run thence
S 85° 30' W 503.97 feet along the South line of the Southeast I of said
Section 17 to the South a corner of said Section 17; thence S 840 59'
W 2.740.32 feet to the Southwest corner of said Section 17; thence N 00'
38' E 2647.39 feet to the. West I corner of said Section 17; thence N
850 20' 55" E 2733.98 feet to the center a corner of said Section 17;
thence S 00' 31' 55" W 597.50 feet; thence N 850 20' 55" E 503.54 feet;
thence. S 000 31' W 2033.19 feet to the point of beginning, EXCEPT the
following described tract: begin at the Southeast corner of said Section
17 and run thence. N 00' 31' E 1149.03 feet; thence S 85° 14' 18" W 3795.61
feet; thence N 280 25' 23" W 385.10 feet; thence S 85' 14' 18" W 330.00
feet; thence N 28° 25' 23" W 14.00 feet to the true point of beginning;
thence S 610 34' 37" W 100.00 feet; thence N 280 25' 23" W 200.00 feet;
thence N 61° 34' 37" E 200.00 feet; thence S 280 25' 23" E 200.00 feet;
thence S 61° 34' 37" W 100.00 feet to the true point of beginning. The
above described tract exclusive of the exception contains 187.5420 acres
more or less.
OPEN SPACE TO BE DONATED TO THE CITY OF FORT COLLINS
A tract of land situate in the Southwest I of Section 17, Township 7
North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which
considering the. East line of the Southeast a of said Section 17 as bearing
S 00° 31' W and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at a point on the South
line of the Southwest I of said Section 17, which bears S 840 59' W 564.31
feet from the South a corner of said Section 17 and run thence along
the South line of the said Southwest 1, S 84° 59' W 616.94 feet; thence
N 00° 35' E 475.00 feet; thence S 84° 59' W 425.00 feet; thence. S 000
35' W 475.00 feet to a point on the South line of the said Southwest
$; thence S 84° 59' W 1134.07 feet to the Southwest corner of said Section
17; thence N 00° 38' E 2647.39 feet to the West 4 corner of said Section
17; thence N 85° 20' 55" E 1959.79 feet along the North line of the said
Southwest A; thence S 23° 54' 01" W 343.28 feet; thence S 21° 53' 49"
E 861.06 feet; thence S 030 53' 01" E 674.33 feet; thence S 290 53' 24"
W 150.50 feet; thence S 02° 38' 33" E 700.58 feet to the point of
beginning, EXCEPT the following described tract: begin at the Southeast
corner of said Section 17 and run thence N 000 31' E 1149.03 feet; thence
S 850 14' 18" W 3795.61 feet; thence N 280 25' 23" W 385.10 feet; thence
S 850 14' 18" W 330.00 feet; thence N 28° 25' 23" W 14.00 feet to the
true point of beginning; thence S 61° 34' 37" W 100.00 feet; thence N
280 25' 23" W 200.00 feet; thence N 61° 34' 37" E 200.00 feet; thence
S 280 25' 23" E 200.00 feet; thence S 610 34' 37" W 100.00 feet to the
true point of beginning. The above described tract exclusive of the
exception contains 120.0442 acres more or less.
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ATTACHMENT B
TO THE
PETITION FOR
THE NOEL ANNEXATION
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (the "Agreement") dated as of
1988, is between MR. WALLACE NOEL
("Owner"), and THE CITY OF FORT COLLINS, a Colorado municipal corpora-
tion ("City").
RECITALS
A. The Owner owns approximately 287 acres of land along Overland Trail on
the western boundary of and adjacent to the City which land is more partic-
ularly described on Exhibit A attached hereto (the "Property"). The prop-
erty is presently vacant and undeveloped:..
B. The Owner desires to annex the Property and the City desires the property
to be annexed.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein con-
tained, the parties agree as follows:
1. Annexation.. The owner has petitioned the City for annexation of the
property. The annexation will become effective upon final approval by the
City Council, recording of the annexation plat and annexation ordinance
with the Larimer County Clerk and Recorder and the execution and recording
of this Agreement.
2. Aonlicability of Agreement. If the City approves the annexation of the
Property, such annexation shall be subject to the provisions of this Agree-
ment.
3. Zoning. Upon annexation, the City staff will recommend to the Planning
and Zoning Board and the City Council that an ordinance zoning approxi-
mately 100 acres of the eastern portion of the Property in the R-L-P, Low
Density Planned Residential Zoning District as defined in the City Code and
approximately 187.5 acres of the western portion of the Property in the
R-.F; Foothills Residential Zoning District as defined in the City Code be
duly considered and properly enacted. It is acknowledged by the Owner that
the aforesaid zoning designations are appropriate for the Property. The
Owner acknowledges that the City Council makes the final decision with
regard to zoning and is not bound to zone the Property in accordance with
the aforementioned zones. It is also understood between the parties that
subsequent zoning of the property is a legislative act and that the City
Council is not bound by the terms of this Agreement to continue the afore-
said zoning upon a portion of the Property in perpetuity.
4. Comnliance__with __ordinances; The Owner will comply with all ordinances,
criteria, resolutions and policies of the City as now exist or are amended
or adopted in the future, including those related to the development and
zoning of the Property, except as expressly modified by this Agreement.
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5. Non-residential development. No commercial or other non-residential
development will be allowed on the Property.
6. Single-family and patio homes. Only detached single-family residential
units and patio homes in a duplex configuration will be allowed on the
Property, ie. no multi -family, (3-units or more per structure) residential
development will allowed on the portions of the Property. Patio home devel-
opment is further limited to the areas of the property adjacent to existing
multi -family development to the south of the Property.
7. Maximum number of units.. The total maximum number of residential units
allowed on the Property is 587 units. This number of units is not a guar-
anteed density.. The number of units eventually allowed on the Property is
subject to development review processes conducted by the City.
8. Review of development proposals. All development proposals for the
Property shall be subject to site plan reviews through the various develop-
ment review processes of the City.
9. Foothills protection. No development on the Property shall extend above
the 5200 foot contour line.
10. Building height. The maximum height of any structure built on the
Property shall be thirty (30) feet.
11. Assigns. As used herein, the term "the Owner" shall also mean any of
the transferees, successors or assigns of the Owner, and all such parties
shall have the right to enforce this Agreement and shall be subject to the
terms of this Agreement as if they were original parties hereto.
12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado. Venue shall be in the
District Court in and for Larimer County, Colorado.
13. Recording. This Agreement shall be recorded in the office of the Clerk
and Recorder of Larimer County, Colorado, and shall be a covenant running
with the Property.
14. Headings. The headings set forth in this Agreement for the different
sections of this Agreement are for convenience only and shall not be con-
strued as an enlargement or an abridgement of the language of this Agree-
ment.
15. Code Changes. References in this Agreement to any provisions of the
City Code are intended to refer to any subsequent amendments and/or revi-
sions to the City Code that replace the revisions referred to herein. Such
amendments or revisions shall be binding upon the Owner.
16. Amendments. This Agreement may be amended only by subsequent writing
of the parties, or their successors, transferees or assigns, provided that
no such amendment shall be valid until all persons or entities having an
interest in the Property subject to the amendment have duly executed such
amendment agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the and
year first above Written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
Steven C. Burkett, City Manager -
Attest:
Wanda Krajicek
City Clerk
APPROVED AS TO FORM:
W. Paul Eckman
Assistant City Attorney
STATE OF COLORADO )
SS.
County of Larimer )
Subscribed and sworn to before me this day of ,
19 , by Steven C. Burkett, City Manager, and Wanda Krajicek, City Clerk
of the City of Fort Collins.
Witness my hand and official seal.
Notary Public
My Commission Expires:
• D�ipff4 •
WALLACE NOEL
Property Owner
Attest:
STATE OF COLORADO )
SS.
County of Larimer )
Subscribed and sworn to before me this day of ,
19 by Wallace Noel.
Witness my hand and official seal.
Notary Public
My Commission Expires: