HomeMy WebLinkAboutFOSSIL LAKE P.U.D., THIRD FILING - COUNTY APPROVAL - 33-01F - LEGAL DOCS - ANNEXATION DOCUMENTS1
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Attachment "A"
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION AGREEMENT
A tract of land situate in the County of Larimer, State of Colorado, to wit:
Fossil Lake PUD Third Filing, being a replat of Tract B, Fossil Lake PUD Second
Filing, County of Larimer, State of Colorado
Fort Collins Annexation Agreement
Page 3
LCPP-114 —July 14, 2000
In the event the CITY is required to undertake any action to enforce the terms hereof, the
undersigned OWNER and his heirs, successors and 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 ,2,P b
day of 4-L)6-o-5 , 200$.
V WNhK
OWNER
Subscribed and sworn to before me this ��_ day of ALO " t 9 2004,
by��
WITNESS my hand and official seal.
My Commission Expires: 5i lAiz 0
Notary )public
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Fort Collins Annexation Agreement
Page 2
LCPP-114 — July 14, 2000
RCPTN # 2002016562 �/12/2002 15:40:00 # PAGES - FEE - $15.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00
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 terms 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 attomey-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. Nothwithstanding the limitation set
forth in Section 31-12-107(8) C.R.S. 1973, OWNER agrees that this power of attorney shall be
valid for a term of 20 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.
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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, 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.
Fort Collins Annexation Agreement
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LCPP-114 —July 14, 2000
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