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HomeMy WebLinkAboutPOUDRE RIVER FIRST ANNEXATION & ZONING - 25-02 - CORRESPONDENCE - (4)including, but not limited to, the appointment of the City Clerk as attorney -in -fact for the purposes set forth in Paragraph (1) above. 3. That this agreement shall be recorded pursuant to the provisions of Colorado Statutes; and that the CITY may undertake any action legally available to enforce the provisions hereof. In the event the CITY is required to undertake any action to enforce the terms hereof, the undersigned OWNER and his heirs, successors Ltd assigns agree that the CITY may recover from the owner of said property its reasonable expenses, including attorney fees, incurred with respect to such action. 4. That, if any section, sections or provisions of this agreement is declared invalid for any reason whatsoever by any competent court, such invalidity shall not affect any other sections or provisions of this agreement if they can be given effect without the invalid section, sections or provisions. 5. That the following grammatical rules shall apply to this agreement: any gender includes the other genders; the singular number includes the plural and vice versa; words used in the present tense include the past and future tenses and vice versa, unless manifestly inapplicable; and the words shall be constructed according to context and approved usage of language. IN WITNESS WHEREOF the applicant has hereunto set his hand and seal this day of , 20 OWNER NOM STATE OF COLORADO ) )ss. COUNTY OF ) Subscribed and sworn to before me this day of , 2 0 , b y WITNESS my hand and official seal. My Commission Expires: Notary Public 2 EXHIBIT 2 ANNEXATION AGREEMENT TO THE CITY OF FORT COLLINS, COLORADO: The undersigned owner (hereinafter referred to as "OWNER") of the property, more particularly described on Attachment "A", attached hereto, has filed an application with Larimer County under the terns of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH MANAGEMENT AREA between Larimer County and the City of Fort Collins (hereinafter referred to as "CITY"). It is expressly understood and agreed by the undersigned OWNER that, if granted, the development approval shall be in consideration of and upon the following terms and conditions, to -wit: 1. If the property shall ever be included within the boundaries of a territory which is sought to be annexed to the CITY itself, then and in that event, the undersigned OWNER specifically agrees to consent to and join in the annexation of such territory by the CITY; and that the undersigned OWNER will comply with all of the legal requirements and conditions pertaining to the annexation of territory to the CITY. It is understood by the undersigned OWNER that the primary consideration for granting of development approval according to the terms of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS GROWTH MANAGEMENT AREA is the undersigned OWNER'S covenant and the promise to consent to the annexation of said territory to the CITY, comply with all requirements and conditions as aforesaid and sign all petitions and maps pertaining thereto. Futhermore, the undersigned does hereby empower and irrevocably authorize and appoint the City Clerk of the City of Fort Collins, Colorado, as lawful attorney -in -fact, on behalf of the undersigned, to sign any such annexation petitions and maps thereby binding the undersigned, to all of the terms and provisions of said petitions and maps for all intents and purposes as if the undersigned had signed said petitions and maps. This power of attorney shall not be affected by the disability of the principal. This appointment shall not preclude the City from undertaking any other available action, which may be necessary to enforce the provisions of this Agreement. Notwithstanding the limitation set forth in Section 31-12-107(8) C.R.S. 1973, OWNER hereby waives the five (5) year limitation of such power of attorney as contained therein and agrees that this power of attorney shall be valid for a term of20 years from the date of this Agreement, unless a court of competent jurisdiction determines that the provisions of Section 31-12-107(8) C.R.S. 1973 cannot be waived or modified by the OWNER, in which event this power of attorney shall be valid for a term of five (5) years from the date of this Agreement. 2. That all terms and conditions herein set forth shall extend to and be binding upon the heirs, assigns or successors in interest of the undersigned OWNER and be considered as a covenant running with the land described in Attachment "A". Further, it is agreed that, in accepting title to the property described in Attachment "A", or any part thereof, any grantee, heir, assignee or successor in interest to the undersigned OWNER expressly agrees to be bound by the terms hereof, 2. The County may accept applications for rezoning, special review, Minor Land Division, or Planned Developments where: (a) The subject parcel(s) has no contiguity to the municipal limits; or (b) The municipality denies a petition for annexation, unless the municipality has denied the annexation petition because the property owner has included conditions or requirements in the petition which the municipality deems to be unreasonable or unduly burdensome, in which case the County will not accept the application; or (c) The municipality refuses to accept or denies a petition for annexation because the property(owner will not agree to conditions or requirements imposed by the municipality, which conditions or requirements the County deems to be unreasonable or unduly burdensome." In addition to the above County Land Use Code requirements, the intergovernmental agreement (IGA) between the City of Fort Collins and Larimer County for properties within the Fort Collins Growth Management Area states the following in Section 8.G: T. Annexations G. The County agrees to require a binding agreement for future annexation in the form attached as Exhibit 2 as a condition of approval of any development application requiring approval by the Larimer County Board of Commissioners, which is located within the GMA..." Please note that I have included a copy of the standard Annexation Agreement which is referred to as "Exhibit 2" above. this clarifies the issue. Troy Jnes City Ian er Commun Planning and Environmental S ices Current Planning City of Fort Collins Don Leffler ` Design Development 2627 Redwing Road, Suite 350 Fort Collins, CO 80526 Mr. Leffler, June 19, 2002 This letter is meant to follow-up on our telephone conversation from yesterday by providing you the requested background information regarding timing of annexation for properties in the Fort Collins Growth Management Area (GMA). If a property in the GMA has contiguity with City limits, the County will not accept a development application for that property, which means that the property owner must first seek to be annexed and development would occur under the City's jurisdiction. If a property in the GMA does not have contiguity with City limits, the County will accept an application for development. As a condition of the final approval of that development application, the County will require an Annexation Agreement that allows the property to be annexed as soon as the property has final development approval and has contiguity with the City limits. You were concerned that if contiguity with City limits were to happen after the County had already accepted a development application, that the property would be required to annex right away. It is my understanding that neither the County Land Use Code nor the IGA would allow that to happen. Once the County has accepted your development application, they will continue to review the application and grant approvals. It would only be through the enforcement of the Annexation Agreement after approval that the property could be required to be annexed. The applicable portions. of section 4.2.1(D) of the Larimer County Land Use Code state the following: 4.2.1 Growth Management Overlay Zone Districts D. General Requirements 1. Except as provided in Section D.2 below, or as otherwise permitted by the Supplementary Regulations, the County shall not accept any application for a rezoning, special review, Minor Land Division, or Planned Development. (a) For any property which has any contiguity to the municipal limits and, thus can be made eligible for voluntary annexation to the municipality whether through a series of annexations or otherwise. Instead, the owner of such property shall be required to seek annexation to the municipality; or (b) For any property in the GMA District which was part of a parcel eligible for annexation as of December 18, 2000 but which is no longer eligible because of subsequent land divisions resulting in a break in contiguity, except land divisions created by court order from probate, dissolution of marriage or eminent domain proceedings. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020