HomeMy WebLinkAboutWILLOW BROOK ANNEXATION & ZONING NO. 1 - 8-99 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONATTACHMENT "C"
ATTORNEY CERTIFICATION
I, Robert A. Kirkhope, 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 that the signers of this Annexation Petition for the
area referred to as the Willow Brook Annexation to the City of Fort Collins are owners of
the 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 Annexation Petition, and own more
than 50% of the land in said area, exclusive of streets and alleys.
Date' Signature Attorney Reg. No.
ATTACHMENT B
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
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.
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Circulator
Subscribed and sworn before me this ) � day of May, 1999 by Thomas Iskiyan.
WITNESS my hand and official seal.
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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 LA_N''D SITUATE li i THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF
LARMER, STATE OF COLORADO; BEING - MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGhNNL IN-G AT THE CENTER QUARTER CORNER OF SAID SECTION 4, T61N,
R6SW; AND CONSIDERING THE NORTH LLNE OF THE SOUTHEAST QUARTER
TO BEAR N89°35'15"E,, WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE ALONG SAID NORTH LIVE OF THE SOUTHEAST QUARTER
N89035'15"E, 1320.99 FEET;
THENCE ALONG THE EAST LIB OF Th-E NORTHR'LST QUARTER OF THE
SOUTHEAST QUARTER S03028'30"E, 1302.30 FEET;
THENCE ALONG TH$ SOUTH LENE OF TfM `ORTHWEST QUARTER OF THE
SOUTHEAST QUARTER S89047'37"W, 1324.46 FEET
THENCE. ALONG THE WEST 'LD,,T OF THE SO7TI-MAST QUARTER
N03020'00"W, 1297.36 FEET TO THE POI1\1T OF BEG1tiNTNG.
SAID DESCRIBED PARCEL CONTAINS 39.41 ACRES :MORE OR LESS AND IS
SUBJECT TO ANY CONDITIONS, RIGID-TS-OF-WAY OR EASEMENTS OF
RECORD OR THAT AS NOW EXIST ON THE GROUND.
to waive any right to an election which may exist pursuant to Article X, Section 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, Section 20 of the
Colorado Constitution.
WHEREFORE, said Petitioner requests that the Council of the City of Fort Collins
approve the annexation of the area described on Attachment "A". Furthermore, the
Petitioner requests that said area be placed in the LMN Zone District pursuant to the Land
Use Code of the City of Fort Collins. The foregoing notwithstanding, Petitioner hereby
reserves the right to withdraw this Petition For Annexation at any time prior to the second
reading of the Petition before the Council of the City of Fort Collins.
By executing this Petition, Petitioner represents that it is the owner of the area described
on Attachment "A".
IN WITNESS WHEREOF, the undersigned has executed this Petition For Annexation
this & day of May, 1999.
PETITIONER
H.H. INVESTMENT COMPANY,
a Colorado general partnership
By:
Thomas J. Morro ,
General Partner
Address: P.O. Box 16383
Denver, CO 80216
2
PETITION FOR ANNEXATION
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 Willow Brook Subdivision, to the City of Fort Collins. Said area,
consisting of approximately thirty-nine (39) acres, is more particularly described on
Attachment "A" attached hereto and incorporated herein.
The Petitioner alleges:
1. That 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 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 Petitioner herein comprises more than fifty percent (50%) of the
landowners of the area and owns more than fifty percent (50%) of the area to
be annexed, excluding any public streets, alley 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 ordinances
of the City of Fort Collins.
Further, as an express condition of annexation, Petitioner consents to the inclusion into
the Municipal Subdistrict, Northern Colorado Water Conservancy District (the
"Subdistrict") pursuant to Section 37-45-136 (3.6) C.R.S.. Petitioner acknowledges 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' land. Petitioner agrees