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HomeMy WebLinkAboutBUDERUS ANNEXATION AND ZONING - 11 91, A - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONM 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 '$s Annexation to the City of Fort Collins. Said area, consisting of approximately \-: SL\. 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 (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. 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 I-L (L1.y) Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. Resolutions 91-45A and 91-45B Finding Substantial Compliance and Initiating Annexation Proceedings for the Buderus First and the Buderus Second Annexations. Staff recommends adoption of the Resolutions. The applicant and property owner, Betty Buderus, has submitted a written petitions requesting annexation of approximately 138 acres located south of E. Vine Drive and west of I-25. In order to meet State annexation law contiguity requirements the property is being divided into two separate annexation requests. The Buderus First Annexation consists of about 30 acres and the Buderus Second Annexation consists of about 108 acres. The proposed Resolutions make findings that the petitions substantially comply with the Municipal Annexation Act, determines that hearings should be established regarding the annexations, and directs that notice be given of the hearings. The hearings will be held at the time of first reading of the individual annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins .and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will consider the annexation property in the UGA when the property is eligible for annexation according to state law. The Buderus First Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Frontage. Road Industrial Associates Ltd. Annexation to the east. The Buderus Second Annexation gains its contiguity from the Buderus First Annexation. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the request for annexation and zoning at its regular monthly meeting on April 22, 1991, and will make recommendations at that time. The Board's recommendations will be forwarded to the City Council in time for the public hearing and first readings of the annexation and zoning ordinances. RESOLUTION 91-45A OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDING FOR THE BUDERUS FIRST ANNEXATION WHEREAS, a written petition, together with four (4) prints, of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Buderus First Annexation; and WHEREAS, the Council of the City of Fort Collins desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council of the City of Fort Collins hereby accepts the annexation petition for the Buderus First. Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. Section 2. That the Council hereby finds and determines that the Buderus First Annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act, and desires to initiate annexation proceedings in accordance with law. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed_ to _.publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th date of March, A.D. 1991. Mayor ATTEST: City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a= Resolution initiating annexation proceedings for the Buderus First Annexation, said Annexation being more particularly described in said Resolution, a copy of which preceded this Notice. That, on May 7, 1991, at the hour of 6:30 P.M., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, .any persons may appear and.present such evidence as they may desire. Dated this 19th day of March, A.D. 1991. City Clerk RESOLUTION 91-45B OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDING FOR THE BUDERUS SECOND ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Buderus Second Annexation; and WHEREAS, the Council of the City of Fort Collins desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council of the City of Fort Collins hereby accepts the annexation petition for the Buderus Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: The N, 1/2 of the NW 1/4, the SW 1/4 of the NW 1/4, and the NW 1/4 of the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; AND also the south 30 feet of the SW 1/4 of section 4, Township 7 North, Range 68 West of the 6th P.M.; EXCEPT rights of way for railroads as now established, and EXCEPT the SE 1/4 of the NE 1/4 of the NW 1/4, and the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. Section 2. That the Council hereby finds and determines that the Buderus Second Annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act, and desires to initiate annexation proceedings in accordance with law. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to -the above described' property: --The City`Clerk is -- directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th date of March, A.D. 1991. Mayor ATTEST: City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Buderus Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which preceded this Notice. That, on May 7, 1991, at the hour of 6:30 P.M., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any persons may appear and present such evidence as they may desire. Dated this 19th day of March, A.D. 1991. City Clerk 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. Circu ator's ignature Subscribed and sworn to before me this RR (0U1 day of 19by dJ t aL• Witness my hand and official seal. My Commission expires: 1 l'j.-/ /• Notary P/lic LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: The NW4 of Section 9, Township 7 North, Range 68 West of the 6th P.M.; together with 4 shares of the capital stock of Larimer and Weld Irrigation Company, 4 shares of the Capital stock of Larimer and Weld Reservoir Company, and all other water rights and irrigation privileges appurtenant to said land: SUBJECT TO reservations of record, rights of way for railroads, utilities and roads as now established or of record; EXCEPT the SE4 of the SW� of said NW4; and EXCEPT the SW4 of the SE4 of said NW4 of Section 9, Township 7 North., Range 68 West of the 6th P. M. Owner's ignature 'Sold Ehs-� Address 4�� City State Zip 3 - Date 0 Owner's Signature Address City State Date -3- Zip ATTORNEY CERTIFICATION 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 the area proposed for annexation and own more than 50% of the land in said area, exclusive of streets and alleys. 'Signature Da e -4- ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: The NW4 of Section 9, Township 7 North, Range 68 West of the 6th P.M.; together with 4 shares of the capital stock of Larimer and Weld Irrigation Company, 4 shares of the Capital stock of Larimer and Weld Reservoir Company, and all other water rights and irrigation privileges appurtenant to said land; SUBJECT TO reservations of record, rights of way for railroads, utilities and roads as now established or of record; EXCEPT the SE4 of the SW4 of said NW-4; and EXCEPT the SW4 of the SE4 of said NW`-4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. -S- 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. Circu ator' Signature Subscribed and sworn to before me this 19by_ Witness my hand and official seal. My Commission expires: Notary PAlic -2- LEGAL DESCRIPTION OF BUDERUS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th r P.M.; EXCEPT rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6t P.M. 0 LEGAL DESCRIPTION OF SUDERUS SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO The N 1/2 of the NW 1/4, the SW 1/4 of the NW 1/4, and the NW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M.; EXCEPT rights of way for railroads as now established, and EXCEPT the SE 1/4 of the NE 1/4 of the NW 1/4, and the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. Legal descriptions for the Petitions: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. The N 1/2 of the NW 1/4, the SW 1/4 of the NW 1/4, and the NW 1/4 of the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; EXCEPT rights of way for railroads as now established, and EXCEPT the SE 1/4 of the NE 1/4 of the NW 1/4, and the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. The N 1/2 of the NW 1/4, the SW 1/4 of the NW 1/4, and the NW 1/4 of the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; AND also the south 30 feet of the SW 1/4 of section 4, Township 7 North, Range 68 West of the 6th P.M.; EXCEPT rights of way for railroads as now established, and EXCEPT the SE 1/4 of the NE 1/4 of the NW 1/4, and the SE 1/4 of the SW 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M.