HomeMy WebLinkAboutFOSSIL LAKE ANNEXATION NO. 3 - 33-01B - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONnot undertaken installation of public improvements on the effective date of the annexation of the Property
to the City, the installation of such improvements shall be in accordance with the approved Utility Plans.
The City shall impose no additional standards or requirements in connection with the approved Utility
Plans, but such development parcel shall comply with all applicable City procedural and fee requirements
for such improvements, including, but not limited to, obtaining a development construction permit, posting
of collateral, provision of applicable construction warranties and guarantees and payment of City inspection
fees.
2.4 Building Permits. Prior to the effective date of the annexation of the Property to the City,
all applications for building permits or issuance of building permits shall be in accordance with County
procedures and subject to County fees. Thereafter, all such applications for, and issuance of, building
permits shall be in accordance with City procedures and subject to City fees for the same, provided that
nothing herein shall be construed to permit the imposition of a City requirement inconsistent with the
approved Utility Plans, the terms of the SDAs or this Petition for Annexation #3.
2.5 Certificates of Occupancy. With regard to any building permits which are issued prior to
the effective date of the annexation of the Property to the City, the County and the City shall mutually
agree which entity shall issue the certificate of occupancy therefor. In the event the County and the City do
not reach agreement, such certificates of occupancy shall be issued by the County.
2.6 Third -Party Reimbursements. The Petitioner shall be entitled to all third -party
reimbursements for which it may be eligible under the City's Municipal Code, provided that the Petitioner
agrees to indemnify the City from all costs, including attorneys' fees, in connection with any litigation
which is filed challenging such reimbursement obligation.
2.7 Vested Rights. Extended vested rights have been granted to the Property in accordance
with applicable provisions of the SDAs. The City specifically acknowledges and agrees to abide by the
terms of such vested rights granted Petitioner in connection with development of the Property.
3. City as Successor. Upon completion of the annexation of,the Property to the City, the City shall be
deemed a successor to the County and shall be subject to all rights and obligations of the County thereunder.
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ATTACHMENT "B"
TO THE PETITION FOR ANNEXATION #3
CONDITIONS OF ANNEXATION
1. Annexation. The annexation of the Property to the City of Fort Collins, Colorado ("City") shall be subject
to the terms and conditions of this Petition for Annexation #3, including this Attachment `B", and the Subdivision
Development Agreements between Latimer County, Colorado ("County") and Everline, LLC ("Petitioner") for
Fossil Lake P.U.D., First Filing (recorded 6/7/99 at Reception #99049838) and Fossil Lake P.U.D., Second Filing
(recorded 7/11/01 at Reception #2001056411), collectively referred to herein as the "SDAs".
2. Special Conditions. In the event that the Property is annexed to the City, the following special conditions
shall apply together with other applicable terms and conditions the SDAs, and such special conditions shall be
incorporated as conditions into Petition for Annexation #1, Petition for Annexation #2 and Petition for Annexation
#3 as hereinbelow defined: '
2.1 Petitions for Annexation. Annexation of the Property shall be accomplished in a series of
three (3) consecutive annexations, as set forth in Petition for Annexation #1, Petition for Annexation #2 and
Petition for Annexation #3, in order to meet statutory contiguity requirements. This Petition for
Annexation #3 shall only be effective in the event that Petition for Annexation #1 and Petition for
Annexation #2 are also approved by the City. With regard to all of the Property, with the exception of
Tracts A and B depicted on the Annexation Map, it is an express provision of this Petition for Annexation
#3 that, in the event the City annexes the Property, it shall be permitted to develop in accordance with the
SDAs; the approved Final Plat and Utility Plans for Fossil Lake P.U.D. and the terms of this Petition for
Annexation #3, and such development shall not be subject to additional City land use regulations
(including, but not limited to, the general development standards of the City's Land Use Code) unless an
amendment to such plans is sought after annexation by the Petitioner.- Tracts A and B have been designated
with land uses and densities that are shown on the Master Plan for Fossil Lake P.U.D., which Master Plan
has been given extended vested rights pursuant to the SDAs. Tract B is expected to receive preliminary
plat approval prior to annexation of the Property. Any development plans for Tracts A or B shall be
processed in accordance with the City's Land Use Code, except as the provisions of the same may be
inconsistent with the approved plats and plans for Tracts A and B and any statutory vested rights granted by
the County in connection with such tracts.
In the event the City does not complete the annexation of the Property in conformance with the
terms of the SDAs and this Petition for Annexation #3, the Petitioner shall have the right to develop in the
County in accordance with the terms of the SDAs and the general rules and regulations for development in
the County.
2.2 Annexation Fees and Costs. The Petitioner shall pay to the City one annexation filing fee
for the processing of Petition for Annexation #1, Petition for Annexation #2 and Petition for Annexation #3
and shall also pay the cost of required annexation maps and legal descriptions in connection with the
annexation of the Property.
2.3 Public Infrastructure, Construction Standards, Collateral, Inspection Fees and Warranties.
Except as otherwise set forth herein, any development parcel or construction phase within the Property for
which the Petitioner has undertaken installation of public improvements on the effective date of the
annexation of the Property to the City shall be permitted to continue such installation in accordance with
the approved Utility Plans and County procedures and requirements as described in the SDAs. Such
installation of infrastructure improvements shall not be subject to -City requirements for the same except
that collateral to ensure completion of public improvements shall be posted with the County, and upon the
effective date of the annexation of the Property to the City, such collateral shall be assigned to the City.
With regard to any development parcel within the Property for which the Petitioner has
EXHIBTII A
ANNEXATION #3 LEGAL DESCRIPTION
Annexation Three (3)
A parcel of land located in the West Hall (WI/2) of Section Nine (9). the East Half (EI/2) of
Section Eight (8) and the Northwest Quarter (NWI/4) of Section Sixteen (16). Township Six North
(T.6N.).'Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (681 P.M.), County of Lorimar.
Slate of Colorado and being more particularly described as follows:
COMMENCING at the North Quarter (NI/4) Corner of said Section 9 and assuming the North line of
said NWI/4 to bear North 87(59'40" West with all bearings hero in relative thereto:
THENCE South 00'00'42" West along West line of said NWI/4 a distance of 2357.03 feel to a point
w the South line of Fossil Lake PLO Second Filing as recorded In Lorimer County Records under
Reception No. XXXXXXXX;
THENCE North 88'05'14" West along said South line a distance of 86.60 feel to the POINT OF
BEGINNING;
THENCE along said Fossil Lake PUD Second Filing the following twenty-seven courses and distances;
THENCE continuing North 88'05'14" West a distance of 888.89 feel;
THENCE South 00T00'42' West a distance of 282.47 feel;
THENCE South 51'30'51" East a distance of 561.47 foot;
THENCE South 00'00'42" West a distance of 1033.88 feat;
THENCE South 50'40'08" East a distance of 248.66 fool;
THENCE North 69'40'00" West a distance of 7.98 feel;
THENCE South 07'2500" West a distance of 185.00 feat;
THENCE South 32'40'00" Cost a distance of 138.00 feel;
THENCE Sou lh 14'00'00" West a distance of 370.00 feel;
THENCE South 04'30'00" West a distance of 212.00 foal;
THENCE South 01'10'00" West a distance of 253.25 feel to the South line of the Southwest
Quarter of said Section 9:
THENCE South 88'06'37" East along said South line a distance of distance of 18.06 fcch
THENCE South 6611'33' West a distance of 139.18 feel;
THENCE South 89'07'33" West a distance of 291.GO feet;
THENCE South 69'01'33' West a distance of 399.00 feet;
THENCE South 23'00'33" West a distance of 225.00 feet;
THENCE South 1115'27" East a distance of 231.00 feat:
THENCE Sou lh 33'28'27" East a distance of 230.DO feel:
THENCE South 6610'27" East a distance of 290.00 fool;
THENCE South 7913'27" East a distance of 202.00 feet;
THENCE South 03'O1'27" East a distance of 154.00 feel;
THENCE South 27'56'33" West a distance of 316.00 feel;
THENCE North 67'51'27" West a distance of 242.00 feel;
THENCE North 81'37'27" West a distance of 489.00 fact;
THENCE North 60'58'27" West a distance of 301.00 feel;
THENCE North 6616'27" West a -distance of 701.00 feel to the West lino of said NWI/4 of said
Section 16;
THENCE North 0014'33" East along sold West line a distance of 892.00 feat to the Northwest Corner
of said Section 16;
THENCE North 00'07'50" East along the West line of the Southwest Quarter of said Section 9
a distance of 1549.63 feel;
THENCE North 89'52'10" West a distance of 30.00 feet to the West Right -of -Way (ROW) of Ziegler
Road;
THENCE North 00'07'50' East along said West ROW a distance of 809.00 feel;
THENCE South 0952*10' East o distance of 63.00 foal:
THENCE North 00'07'50" East a distance of 287.24 feel;
THENCE North 00'00'10" West o distance of 1858.31 foal;
THENCE Sou lh 87'59'40" East a distance of 1009.43 feel;
THENCE North 02'00'20" East a distance of 716.91 feel;
THENCE South 87*59*40' East a distance of 1505.20 feel:
THENCE,South 00'00'42" West a distance of 2290.13 feel to the POINT OF BEGINNING.
Said Parcel contains 279.179 cues more or less (3).
Excepting from said Parcel:
Tract 0. Fossil Lake PUB Second Filing as recorded in Lorimer County Records under Reception No.
XXXXXX, Northwest Quarter (NWI/4) of Section Nine (9). Township Six North (T.61,.), Range
Sixty-eight West (R.68W.) of the Sixth Principal Meridian (61h P.M.), County of Larimor. Stale of
Colorado and being more particularly doscrbed as follows: -
COMMENCING at the North Quarter (NI/4) Corner of said Section 9 and assuming the North line of
said NWI/4 to bear North 87(59'40' West with all bearings here in relative thereto:
THENCE South 00'00'42" West along the West line of said NWI/4 a distance of 2357.03 feel to 0
paint on the South line of said Fossil Lake PLO Second Filing;
THENCE North 88'05'14' West Along said line a distance of 975.48 feel;
THENCE North 0154'47' East a distance of 27.22 fool to a point on the North lino of said Tract D,
said point being the POINT OF BEGINNING;
THENCE along said Tract B the following eleven courses and distances:
THENCE North 0154'47' East a distance of 82.85 feet;
THENCE North 60'02'33' West a distance of 398.77 fool;
THENCE North 29'57'27' East a distance of 342.00 feel;
THENCE South 60'02'33" East a distance of 720.21 feet to a Point of Curvature (PC);
THENCE along the Arc of a Curve which is concave to the North a distance of 58.92 feel, whose
Radius is 638.50 feel. whose Della is 0517'14" and whose Long Chord bears South 62'41'10" East a
distance of 58.90 feel to a Point of Reverse Curvature (PRC);
THENCE along the Arc of a Curve which is concave to the West a distance of 22.63 feel, whose
Radius is 15.00 feel, whose Della is BG'26'49" and whose Long Chord boors South 22'06'23" East a
distance of 20.55 feel to a Point of Tangency (PT):
THENCE South 21'07'01" West a distance of 79.42 foot to a PC;
THENCE along the Arc of a Curve which is concave to the West a distance of 33.10 feel, whose
Radius Is 214.50 feel, whose Della Is O3'50'25' and whose Long Chord bears South 25'32'14' West a
distance of 33.06 feet to a PT;.
THENCE South 29'57'27" West a distance of 69.64 feel;
THENCE North 88'0458" West a distance of 56.21 feel;
THENCE South 88'27'38" West a distance of 378.41 feel to the POINT OF BEGINNING.
Said Exception Parcel contains 6.026 acres more or less (1).
Net acreage of Annexation 3 Is 273.153 acres more or less (t).
and pursuant to the Land Use Code of the City.
The Petitioner signing this Petition for Annexation #3 represents that it owns more than 50% of
the area described on Attachment "A".
��IN WI SS WHEREOF, the undersigned has executed this Petition for Annexation #3 this
day of �u�f , 2001.
PETITIONER/OWNER:
EVERLINE, LLC, a Colorado limited liability company
By: DOUBLE E&G, INC., Manager
By: /YZ' d�'�'� f
Stanley K. Everitt, Vice President
3030 S. College Ave.
Fort Collins, CO 80525
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PETITION FOR ANNEXATION #3
THE UNDERSIGNED (hereinafter referred to as the "Petitioner") hereby petitions the Council of
the City of Fort Collins, Colorado for the annexation of an area to be referred to as the Fossil Lake PUD AnwtA f t'aq
to the City of Fort Collins ("City"). Said area, consisting of approximately 273.153 acres, is more
particularly described on Attachment "A", attached hereto and incorporated herein by reference (the
"Property").
A. The Petitioner alleges:
1. That it is desirable and necessary that such area be annexed to the City.
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.
4. That a community of interest exists between the area proposed to be annexed and
the City.
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.
^x 31
That the Petitioner herein owns more than fifty percent (50%) of the area to be
annexed, excluding public streets, alleys and lands owned by the City of Fort
Collins. E4—pe Pec/
That landowners constituting more than fifty percent (50%) of the Ian o
the area are subject to a covenant running with the land which affirmatively
consents to the annexation of the Property to the City.
That the City 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.
B. This Petition for Annexation #3 is specifically subject to those conditions of annexation
set forth in Attachment "B", attached hereto and incorporated herein by reference, which
shall be incorporated into the ordinance annexing the Property (the "Annexation
Ordinance").
C. The Petitioner reserves the right to withdraw this Petition for Annexation #3 prior to the
hearing on second reading of the Annexation Ordinance only in the event that the City
fails to adopt the Annexation Ordinance with the conditions set forth in Attachment "B".
WHEREFORE, said Petitioner requests that the Council of the City approve the annexation of the
area described on Attachment "A". Furthermore, the Petitioner requests that said area be placed in the
"L-M-N" Zone, or the "U-E" Zone, or the "T" Zone as each area is delineated on the Annexation Map