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HomeMy WebLinkAboutCOLORADO NATURE CENTER FOURTH - ANNEXATION & ZONING - 29-89, A - LEGAL DOCS - PETITIONCity Attorney City of Fort Collins Kathleen Mills, Esq. Colorado State University Administration Building Fort Collins, CO 80523 December 5, 1989 Re: Colorado Nature Center Fourth Annexation Dear Kathleen: You will recall that, several months ago, you and I dis- cussed over the telephone the question of the University's will- ingness to, as a condition of annexation of its property, agree to the inclusion of the property in the Municipal Subdistrict of the Northern Colorado Water Conservancy District. I believe that you have discussed this matter with Greg Hobbs and, as I recall, those discussions resulted in the University's conclusion that the inclusion of the property in the Municipal Subdistrict would not result in increased risk of mill levy taxation against the University property because of the tax exempt status of the Uni- versity. On April 6, 1989, Richard L. Robinson, as President of the State Board of Agriculture, executed a petition for annexation of the subject property. A copy of that petition is enclosed. The April petition did not, however, contain the consent to inclusion language which is needed by the Municipal Subdistrict. For that reason, I am forwarding to you a new petition with the consent language. In all other respects, the petition remains identical to the one which Mr. Robinson executed on April 6, 1989. If you have any questions regarding this new petition, please do not hesitate to contact me. Once the new petition is received, we may then process the annexation and present the same to the City Council for approval. Co ially, W. OAk aul Eckman Deputy City Attorney WPE:sam Enclosure CC: Tom Peterson, Planning Director Ken Waido, Chief Planner 300 LaPorte Avenue • P. O. Box -580 • Fort Collins, CO 80322-0580 • (303) 221-6520 PETITION FOR ANNEXATION THE UNDERSIGNED hereby petitions the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the Colorado Nature Center Fourth Annexation to the City of Fort Collins. Said area, consisting of a total of approximately 9.43 acres is more particularly described on Exhibit "A" attached hereto. The petitioner alleges: 1. 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 31-12-105, C.R.S. 1973, 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 proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 6. That the petitioners herein comprise more than 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. Petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed. 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property. 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services. Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public I ealth, and safety. 4. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; provided, however, that nothing contained in the annexing ordi- nances shall be construed to limit the authority of the Univer- sity officials to exercise the authority provided in C.R.S. 23-5-1-6 and C.R.S. 23-5-107. The Petitioner further consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. This petition may be signed in counterparts by each peti- tioner hereto and all such counterparts shall constitute one agreement. OWNER: Date STATE OF COLORADO, ) ) ss. COUNTY OF LARIMER. ) STATE BOARD OF AGRICULTURE Room 202 Administration Building Colorado State University Fort Collins, CO 80523 Subscribed and sworn to before me this ber, 1989, by , as of the State Board of Agriculture. Witness my hand and official seal. My commission expires day of Decem- Notary Public VICINITY MAP LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE NORTH LIN OF THE NORTHWEST QUARTER OF SAID SECTION 28 AS BEARING S89 CC' 38"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 28 THENCE RUN S89 00' 38"E 740.00' ALONG SAID NORTH LINE; THENCE S89 00' 38"E 1370.0 THENCE S00 59' 22"W 300.00'; THENCE N89 00' 38"W 1370.00'; THENCE N00 59' 22"E 300.00' TO THE TRUE POINT OF BEGINNING. CONAT.INING 9.4353 ACRES. I�t ATTORNEY CERTIFICATION 1. /t' G��-.�. ::n attorney IiCCnSCd to practice in the tc of C,loraao, l 1,.a%e :xacnincd the records of the Clerk and Recorder of Larimer Count%% Colorado. ana ;ia%c verified that the signers of the attached annexation Petition are o«"ners of real propert,,- :n thie ar a proposed for annexation. Furtncrrnorc. I crtify that said owners constitute more than 50% of the landowners in the area proposed t or annexation and own more than 501/0 of the iand in said area. exclusive of streets and alleys. j -- ST;nat,W'rc �7717j' n j Dar '