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Home My WebLink AboutPLANK ANNEXATION PLD/PD (FOSSIL LAKE RANCH PUD, 6TH FILING) - 33-01N - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C" ATTORNEY CERTIFICATION Mason Mitchell I, ------ _---------- _---------------- an attorney licensed to practice in the State of Colorado, hereby certify th as of TB. dat of his certif cater, tie iners ofith' Anne�x ti n P tition for the area referred to as the —_ank P& �'D Bing t e t F'i ing o A n sk ti0A fh9 of -------------- Fort Collins are the 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, as said area is described on Attachment "A" of said An:an xatio Petition, and own more han 50% of the land in said area, exclusive of streets and alleys. No. . z33i Date ature Attorney Rep. STATE OF COLORADO )ss. COUNTY OF LARIMER ATTACHMENT "B" 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. Subscribed and sworn to before me this by Stanley K. Everitt --__ WITNESS my hand and May 20, 2009 Commission Exp y ANNE MARIE ROININE C --- --------------- Circulator's Signature Stanley K..Everitt 23rd October day of Lvvax4i Notary Public 006 2— ATTACHMENT"A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: Tract I: A tract of land situate in the W 1/2 of Section 9, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado. which considering the North line of the said W 1/2 as bearing South 87 degrees 57' 07" East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northwest comer of said Section 9 and run thence South 87 degrees 57' 07" East 729.90 feet; thence South 02 degrees 02' 53" West 359.64 feet; thence North 87 degrees 57' 07" West 717.31 feet to the West line of the said West 1/2; thence North 00 degrees 02' 32" East 359.86 feet to the point of beginning, subject to all easements and rights of -way in place or now of record. Less and except a parcel of land being a part of the NW 1/4 of Section 9, Township 6 North, Range 68 West, 6th P.M., County of Larimer, State of Colorado and being more particularly described as follows; Commencing at the Northwest corner of said Section 9 and assuming the North line of said NW 1/4 to bear North 87 degrees 59' 40" West with all other bearings herein relative thereto; thence South 87 degrees 59' 40" East along North line a distance of 30.02 feet; thence South 00 degrees 00 10" East a distance of 30.02 feet to the South right of way of Kechter Road, said point being the point of beginning; thence South 87 degrees 59' 40" East along said South line a distance of 216.05 feet; thence South 89 degrees 12' 5 1 " West a distance of 193.50 feet to a point of curvature; thence along the arc of a curve which is concave to the Southeast a distance of 23.35 feet; whose radius is 15.00 feet, whose delta is 89 degrees 12' 34" and whose long chord bears South 44 degrees 36' 34" West a distance of 21.07 feet; thence South 8.99 feet to the East right of way of Ziegler Road; thence North 00 degrees 00' 10" West along said East right of way a distance of 25.24 feet to the point of beginning. Tract I1: A tract of land situate in the W 1/2 of Section 9, Township 6 North! Range 68 West of the 6th P.M., Larimer County, Colorado which considering the North line of said West 1/2 as bearing South 87 degrees 57' 07" East and with all bearing contained herein relative thereto is contained within the boundary lines which begin at a point which bears North 87 degrees 57' 07" East 729.90 feet from the Northwest comer of said Section 9 and run thence along the North line of the said West 1/2, South 87 degrees 57' 07" East 330.00 feet; thence South 02 degrees 02' 53" West 773.91 feet; thence North 87 degrees 57 07" West 1032.80 feet to the West line of the said Northwest 114 of said Section 9; thence along said North line, North 00 degrees 02' 32" East 414.53 feet; thence South 87 degrees 57' 07" East 717.31 feet; thence North 02 degrees 02' 53" East 359.64 feet to the point of beginning; Except that tract of land described in Surveyor's Certificate recorded in the records of the Clerk and Recorder of Larimer County on September 26, 1972, in Book 1522 at page 867. (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to -wit: INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on attachment `A'." IN WITNESS WHEROF, I/we have executed this. Petition for Annexation this _Zu�ay of October , 2_006 -� Pe ione�'s��wrk6r's Signature Petitioner's/Owner' igmMure Leonar an Barbara Flank. 32`17 East County Road 36 Address Fort Collins, CO 80528 3217 Fast County Road 36 Address Fort Collins, CO 80528 City State Zip City State Zip PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the Citv of Fort Collins, Colorado for the annexation of an area to be referred to as the F Plank"PLD & PD being the 6th Filing of Fossil Lake Ran _ _ Ahnexation to the City of Fort Collins. Said area, consisting of approximately_ acres __ ( ) acres, is more particularly described on Attachment "A," attached hereto. The Petitioners allege: 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 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (1_/6) 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 'that 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 obligations 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 ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion., any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area be placed in the _LMN _ Zone District pursuant to the Land Use Code of the City of Fort Collins.