HomeMy WebLinkAboutFRONT RANGE FARMS II - ANNEXATION & ZONING - 56-87, A - LEGAL DOCS - LEGAL COMMUNICATIONCITY OF FPRT COLLINS
. CONFIDENTIAi.
C O N F I D E N T I A L
M E M O R A N D U M
TO: City Council Members
FROM: John H. Huisjen, City Attorney
DATE: October 30, 1987
RE: Front Range Farms II Annexation Petition
Councilmember Maxey asked about the signatures on the peti-
tion for annexation for the Front Range Farms II annexation to
the City of Fort Collins. The agenda item summary contained the
information that the property was owned by a partnership of five
individuals, including Mr. John W. Day and Mr. Raymond J. Klein,
both deceased. The petition was signed by the living partners,
as well as Jan Day Iodence and Barbara D. Klein.
The City accepts petitions for annexation with an attorney's
certificate that the petitions were signed by the owners of the
property. This was the case with the Front Range Farms II peti-
tion. A copy of that petition is enclosed herewith. Also, I
asked Mr. Steven G. Francis, the attorney who verified the signa-
tures on the petition, to explain the variance between the owner-
ship of the Day and Klein interests and the signatures on the
petition. His letter is also enclosed. It is correct that a
single partner may bind all of the partners in giving consent.
However, in examining the petitions, it is apparent that we had
consents from all of the individuals in the partnership.
Resolution 87-150 "accepts said annexation petition, finds
and determines that the annexation petition and accompanying map
are in substantial compliance with C.R.S. 31-12-107.... " That
finding and determination is supported by the evidence of a valid
petition from Front Range Farms II partnership.
Please advise me if you have any further questions about
this annexation or other annexation procedures.
JHH/sam
Enclosures
OFFICE OF THE CITY
ATTORNEY
300 LaPorte Ave . P.O. Box 580 • Fort Collins, Colorado 80522 • (3031 221-6520
' PETITION FOR ANNZ<ATIC�i
The undersigned hereby petition the Council of the City of Fort Col -
Colorado, for the annexation of an area, to be referred to the
ont Range Farris II Annexation to the ity of
Fort Collins. Said area, consisting of approximately 88.5
acres is re particularly described on Attachment "A", att hed hereto.
The pe 'tioners allege:
1. That t is desirable and necessary that such ea be anrexea to
the Ci of Fort Collins.
2. That the equirements of Sections 31-1 104 and 31-12-105, C.R.S.
1973, exist r have been met.
3. That not less an one -sixth of th perimeter of the area proposed
to be annexed s contiguous F th the boundaries of the City of
Fort Collins.
4. That a community of i terest exists between the area proposed to
be annexed and the Cit of ort Collins.
5. That the area to be ed is urban or will be urbanized in the
near future.
6. That the area pro po ed to be exed is integrated with or capable
of being integrat with the Ci of Fort Collins.
7. That the amend ent to Article II the Constitution of the State
of Colorado, Massed on November 4, 1 80, establishing the require-
ment that annexing municipality r eive a petition for annexa-
tion sign by more than 90% of rho i _., r•;^er^ ; ^ ��-
a area
more th 50% of the land in the area, exclusive of streets and
alleys, as been complied with.
WHE: Q
said petitioners request that the Co un it of the City of
Fort Col ns approve the annexation of said area. Fur ermore, the peti-
tioner equest that said area be placed in the !L P.U.D. Condition
% oninq Dis-
Zict pursuant to Chapter 118 (Zoning) of the Code of .the City of rt Col-
lins.
�� S
0
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 Quarter of Section 3, Township 7
North, Range 68 West of the 6th Principal Meridian, Larimer County, Colorado,
which considering the West line of said Southwest Quarter as bearing North
00105'15" East, and with all bearings contained herein relative thereto,
begin at a point which hears South 89132'23" East 609.10 feet from the
Southwest Corner of said Section 3, and nm thence South 89°32'23" East
943.75 feet; thence North 47°52'00" West 470.00 feet; thence North 61153'30"
East 442.37 feet; thence North 00105'34" West 158.82 feet; thence South
89032,23" East 1040.00 feet; thence North 00°05'34" West 879.00 feet; thence
- 1-1 67111,1'06" jest 1050.00 feet; thence North 63036'06" West 335.0;q 1-2et;
thence North 1.5131'06" [Jest 74.57 feet; thence South 00-21100" Nest 790.48
feet; thence North 89039'00" West 858.45 feet; thence South 00021'00" test
1036.71 feet; thence Smith 18°04'30" Fast 517.30 feet; thence South 83031'30"
East 423.40 feet; thence South 29.40 feet more or less to the Point of
Beginning, containing 88.50 acres more or less.
NOTE:
S e atta d for owners signatures.
vC O�L/
Owners Signature
er s ignature
Address
J
�-,�o ;
.J
City State Zip Cit
Y State Zip
/ �e-'7
to
Date
NAME
Floyd W. Deines
(active partner)
Joe C. Kloberdane
(active partner)
Raymond J. Klein
(active partner)
Irvin G. Schwindt
(active partner)
Vir_tnr A
D v an
Personal. Representatives 0
of the Estate of John W.
Day, deceased and Trustees
of the Trust created under
the Last Will and Testament
of John 14. Day, deceased
(inactive partner)
Fo GC
� i
Stag ��� r Zip
ADDk"FSS
G r e e-L�.-2L c
�r LC r1v�`�,<
5524 E. County Rd. 56 Ya; Z
Ft. Collins, Co. 80521,E
309 Thunderbird Dr.
Ft. Collins, Co. 80521
gC y
L. I
Owner's SignaWrc
Address
�,fi� Ca�� G• 7 l'f
CILY SUIte Zip
Da to f
Owner's
Signature V
C:mer's Signature
A/c' 3 / ;r e a 3
Address
% 3 v /
City State Zip
9-.-A/-?7
Date
Address
City State 'Lip
Da to
STATE OF COLORAE)C)
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 Pprson ,.jhose name
it purports to be.
Subscribed and sworn to before me this ,/r (iay of
19_F 7, by:
ss my rand and official seal.
My Commission expires:
=y Pub 1 C
4
A
ATTORNEY CERTIFICATICN
I. 4t("� !V tlf C (
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 the area proposed for annexation. Furthermore, I
certify that said owners constitute more than 50% of the landowners in thfa
area proposed for annexation and own more than 50% of the land in said
area, exclusive of streets and allevs.
r _ ma
�l mature
,d f773
Date
It
ATTACHf�rT "All
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 County of Larimer, State of Colorado to -wit:
A tract of land situate in the SolitflwP.st Quarter of Section 3, Township 7
North, Range 68 I•lest of the 6th Principal Meridian, Larimer County, Colorado,
which considering the West line of. said Southwest Quarter- as bearing North
00°05'15" Last, and with all bearings contained herein relative thereto,
begin at a point which hears South 89032123" East 609.10 feet from the
Southwest Corner of. said Section 3, and rim thence South 89032'23" East
943.75 feet; thence North 4 7°52'00" (Jest 470.00 feet; thence North 61053'30"
East 442.37 feet; thence North 00°05'34" Nest 158.82 feet; thence Sotrtll
89032'23" East 1040.00 feet; thence North 00°05'34" Nest 879.00 feet; thence
North 67041'06" West 1050.00 feet; thence North 63°36'06" west 835.00 feet;
thence North 15°31'06" West 74.57 feet; thence South 00*21.1001, West 790.48
feet; thence North 89039'00" West 858.45 feet; thence South 00°21'00" West
1036.71 feet; thence Smith 18°04'30" fast 517.30 feet; thence Soijr.h 83°31'30"
East 423.40 feet; thence South 29.40 feet more or less to the Point of
Beginning, containing 88.50 acres more or less.
I
1
• •
FISCHER, HOWARD & FRANCIS
ATTORNEYS AT LAW
125 S. HOWES SUITE 900
GENE E. FISCHER. P.C. POST OFFICE BOX 506 ELERY WILMARTH
STEPHEN E. HOWARD FORT COLLINS, COLORADO OF COUNSEL
STEVEN G. FRANCIS 80522-0506 TELEPHONE (303) 482-4710
October 26, 1987
PECEIVFD
Mr. John Huisjen OCT 26 1987
City Attorney
300 LaPorte Avenue CITY ATTi'C�;'`,�Y
Fort Collins, CO
Re: Front Range Farms II Petition for Annexation
Dear John:
After our conversation on October 21, I reviewed the
petition for annexation and our related files. I do not believe
that there is any problem.
The actual owner of the property is, of course, Front
Range Farms II, which is a Colorado general partnership.
It was originally composed of John W. Day, Floyd W. Deines,
Joe C. Kloberdanz, Irwin G. Schwindt, and Raymond J. Klein.
Both Mr. Day and Mr. Klein died. Both Jan Day Iodence
and Barbara D. Klein are now partners by virtue of their
inheritance.
The petitions were actually made by the partnership and
the partners have signed on its behalf. The persons who have
signed the signature page are, I believe, partners entitled
to sign, assuming that signature of all partners would be
necessary in the first place.
I hope that this clears up any confusion that the City
may have had. Please call me if I can help you further.
SGF /wk
cc: Mr. Floyd Deines
Very truly yours,
FISC , HOW D & FRANCIS
Steve Fr Weis