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HomeMy WebLinkAboutBURNS ANNEXATION AND ZONING - 23 90, A - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONPETITION FOR ANNEXATION THE UNDERSIGNED hereby petition the Council of the City of Fort Collins, Colorado, for annexation of an area, to be referred to as the Burns Annexation to the City of Fort Collins. Said area, consisting of approximately 45.647 acres, is more particu- larly 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 urban- ized 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 ordi- nances of the City of Fort Collins. 9. That the City of Fort Collins agrees that "Cluster Development" of the property proposed to be annexed will be allowed according to the provisions of "Subdivision C. R-F Foothills Residential District" of the Code of the City of Fort Collins, including an allowed maximum building elevation of five thousand two hundred fifty (5,250) feet mean sea level. 10. That petitioners agree to submit a preliminary Cluster Plan for the property. The City of Fort Collins agrees that the • 0 second reading of this Petition for Annexation and the zoning ordinances for the subject property will be scheduled for a meeting before the City Council after the Planning and Zoning Board's public hearing on the preliminary Cluster Plan. The petitioners hereby reserve the right to withdraw this Petition for Annexation at any time prior to the second reading of this Petition for Annexation by the City Council. 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 R-F Foothills Residential Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. -2- I 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. X� A Circulator's Signature Subscribed and sworn to before me this ZZhj day of PA Ol 1990, by kex A . 8ftAm s Witness my hand and official seal. My commission expires: 31GZ93 Notary Viblic -3- • • ti LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to wit: (See Attachment "A") OWNERS' SIGNATURES: DATE: � DATE: MDn 19 at(9 DATE: �92 DATE: // a // �q VC) DATE: / 1 L 2 c �, 9 9U_ RUTH E. BURNS 2837 Overland Trail �Pprt CO117, CO 80526 46 REX A. BURNS 607 Homestead Court Fo Collins, CO 80526 JOAW L. FLORY f/k/a JOAN GRANT 3813 Tradition Drive Fort Collins, CO 80526 CAROL GATHRIGHT 5139 Holms Place Boulder, CO 80302 JALLE 1129 Princeton Drive Longmont, CO 80501 -4- ATTORNEY CERTIFICATION I, JAMES A. MARTELL, 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 the signers of the attached Petition for Annexation are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than fifty percent (50%) of the landowners in the area proposed for annexation and own more than fifty percent (50%) of the land in said area, exclusive of streets and alleys. DATE: ,5 Lzz J�AM S A. MARTELL 22 West Magnolia Fort Collins, CO 80521 (303) 484-1112 -5- ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to wit: A parcel of land situated in the Northeast 1/4 of Section 29, Township 7 North, Rance 69 hest of the 6th P.M., Larimer County, Colorado, described as follows: All bearings contained herein are relative to the northerly line of Section 29 as bearing North 88'49110" East. Cor..aencing at the Northeast corner of Section 29, THE..NCE Scuth 0'19'78" west, along the ncnumented easterly I`nc cf the Northeast 1/4 Northeast 1/4 of said Se-ction, 1099.48 feet to the TRUE POINT OF P,EGINNING: THENCE South 88'27'14" West, along an east -west fence and its extension easterly, 1164.92 feet to a fence corner; THENCE South 87'16151" west, along an east -west fence, 280.09 feet to a point on the water level traverse line of Dixon Canyon Reservoir, State Engineer's File No. 1120; THENCE along said line the following three (7) courses: (1) South 12'12'24" East, 658.20 feet; (2) South 5'02'24" East,'614.00 feet; (3) South 14*17124" East, 61.20 feet to a point on the southerly line of the Southeast 1/4 Northeast 1/4 of said Section; TH.E';CE North 88.51137" East, along said line, 1197.65 feet to the East 1/4 corner of said Section, a BLM Brass Cap; THENCE North 0'78144" East, along the monurmented easterly line of said aliquot part, 1316.45 feet to the Northeast corner of said aliquot part, a No. 4 rebar with plastic cap, IS 10725; THENCE North 0179128" East, along the mono-ented easterly line of the Northeast 1/4 Northeast 1/4 of said Section; 217.19 feet.to the TRUE POINT OF BEGINNING. Said parcel contains 45.647 acres, more or less.