Loading...
HomeMy WebLinkAboutHERRING ANNEX ORDINANCE # 14 1977 - Filed OA-OTHER AGREEMENTS - 2003-07-31BK 7 6 nG�1 g F3 APR 291977, tacmded —Lf � d�lxfi 1:rotioe kc. I qz,: A:; HERRING ANNEXATION AGREEMENT THIS AGREEMENT, made this / It4 day of Q�ywe 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, (hereinafter called "City") and WHEELER REALTY COMPANY, a Colorado corporation, (hereinafter called "Developer"); WHEREAS, Developer has an option to purchase and will acquire an approximai'1 103 acre parcel known as the Herring property (as more specifically described in Exhibit "A" which is attached hereto, and incorporated herein by this reference) upon annexation of that property to the City and; WHEREAS, a petition for annexation of the Herring property has been presented to the City Council of the City of Fort Collins, and; WHEREAS, the City Council and administrative staff of the City would in no event extend favorable consideration to the annexation of the property, unless by virtue of limitations voluntarily agreed to by the Developer as the owner of the property and imposed by virtue of a written agreement between the City and the Developer, the City would not be required to provide water service for the development of the parcel until water pressure studies of that parcel and the adjacent area have been initiated and completed and a water delivery system which can provide water for the area has been designed by the City and; WHEREAS, the Developer desires to have the property annexed and recognizes that the restrictions and limitations set forth in this agreement are reasonable and that annexation conditioned upon those restrictions and limitations is agreeable to it even though similar limitations and restrictions do not apply to other property owners or developers within the City of Fort Collins and; WHEREAS, the Developer is willing to defer and phase the development of this 103 acre parcel in cooperation with the City's study and design of a water delivery system which would provide water to the parcel. NOW, THEREFORE, in consideration of the matters recited above, the parties mutually agree as follows: 1. The City shall have no obligation to provide water service to the Herring parcel, except for that area defined in Exhibit "B", which is attached hereto and incorporated herein by this reference, until such time as the City has completed water pressure studies of the parcel and areas immediately adjacent thereto and has designed a water delivery system which will provide water for the area, provided, however, that any water service which may be provided for the area by the City shall be pursuant to a signed utility agreement hereinafter entered into between the parties hereto and, provided further, that if the City has completed water pressure studies of the area and has designed a water delivery system which will provide water for the area, the Developer agrees to submit any development plans for the area to the City for review and approval with regard to the appropriateness of the timing of the development considering the overall development pattern for the City. 2. With respect to that approximate 15 acre parcel described in Exhibit "B" it is agreed that this parcel may be platted and developed prior to the initiation and completion of any water pressure studies by the City because that area can be served at this time by the present City water system. F;i76' °GD907 3. The Developer represents and agrees that upon annexation of this property to the City, it will exercise its option to purchase the Herring parcel. In order to simplify the enforcement of this agree- ment the Developer agrees that it will not for a period of three (3) years from the date of annexation of the Herring property convey or transfer any interest in the property, except for that property described in Exhibit "B", or except for the purposes of creating a lien or encumbrance on the property in connection with financing. Beyond the three (3) year limitation referred to in this paragraph, the Developer shall not be obligated to continue to own the property and there shall be no obligation on the part of the City to serve water to the annexed property. 4. It is agreed that if tf-e City has riot completed water pressure studies of the Herring parcel, and the area immediately adjacent thereto, designed a water delivery system to serve the Herring parcel within three (3) years from the date of annexation, the Developer shall be allowed by the City of Fort Collins to enter into an alternative water service agree- ment with a Water District in the area, provided that the City shall be a party to any such alternative water service agreement. 5. The City and the Developer agree that the Developer shall provide and transfer to the City raw water in accordance with applicable provisions of the Code of Ordinances of the City of Fort Collins. How- ever, the Developer shall not be required or obligated to transfer to the City any raw water for property on the Herring parcel for which develop- ment will be deferred until such time as the City provides water service to the parcel. If City water service is provided, raw water shall be transferred in accordance with the provisions of the Code of Ordinances of the City as such Code relates to acre foot requirements to be conveyed by Developer. Should the City determine that it cannot provide water service to the Herring parcel, and, as a result thereof, the Developer enters into a water service agreement for service to the Herring parcel, with a water district outside of the City then, in that event, the Developer shall not be construed to be under an obligation to transfer to the City of Fort Collins any raw water as a prerequisite to the development of that parcel within the City. 6. The Developer agrees and does hereby expressly waive and release all rights it may have to claim that the limitations and restrictions imposed by virtue of this agreement unconstitutionally or otherwise illegally limit its use of the Herring property. With the exception of that property identified in Exhibit "B", the Developer agrees that unless water pressure studies of the Herring parcel are completed and an adequate system for providing water pressure and service to the Herring parcel have been designed, the Developer or any other person shall not have the right to request or make taps onto the City water system. 7. This agreement shall become effective, if at all, upon the effective date of the ordinance which accomplishes the annexation of the property. The foregoing provisions shall not be construed to obligate the City Council to pass an annexation ordinance for the Herring parcel. The consideration from the City to support the agreement shall be the final passage of the annexation ordinance which the Developer acknowledges will be an adequate consideration for this agreement. The Developer may cause this agreement to be cancelled at any time prior to the final passage of such annexation ordinance, by delivering to the City Manager of the City a written statement to that effect. 8. The Developer agrees that it shall be subject to any and all limitations and restrictions regarding municipal services which might in the future be put into effect by the City on a City-wide or area -wide basis, and nothing in this agreement, or in the fact that this agreement has been entered into, shall be contrued to exempt the Developer from any such future limitations and restrictions. -2- 9. Nothing in this agreement, or in the fact that it has been entered into, shall be construed as requiring the City to zone the property, in any way that would permit the property uses which the Developer anticipates. 10. Nothing in this agreement, or in the fact that it was entered into, shall be construed as limiting in any way the City's freedom of choice to future annexations, nor to require the City to impose conditions on such future annexations similar to conditions imposed by this agreement. Executed on the day and year first above written. DEVELOPER: WHEELER REALTY COMPANY (SEAL) CITY OF FORT COLLINS, COLORADO City Manager City Clerk FFF ,i i MUNICIPAL SEAL -3- 70: °G090n EXHIBIT "A" A tract of land situated in Section 21, Township 7 North, Range 69 West of the 6th P.M., Larimer County, being more particularly described as follows: Considering the south line of said Section 21 as bearing N 88044'09" E, and with all bearings contained herein relative thereto: Commencing at the SW corner of said Section 21; Thence, along the said South line N 88°44-09" E, 655.51 feet to the Torue Point of Beginning; Thence, N OO613'57" E, 1393.18 feet; Thence, N 88 33'47" E, 653.04 feet; Thence, N 00°07'43" E, 1359.07 feet to the C.W. 1/16 corner of Section 21 and t8 a point on the south line of the Brown Farm First Annexation; Thence No89 58,28" E, 1300.81 feet to the center section corner of Section 21; Thence S 00 04'41" E, along the ea8t line of the SW 2 2725.81 feet to the S. 'a corner of Section 21; Thence, S 88 44'09" W, along the south line of Section 21, 1966.54 feet to the True Point of Beginning. The above described tract contains 103.066 acres. EXHIBIT "B" A tract of land located in the SW ; of Section 21, T7N, R69W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the east line of the SW', of the said Section 21 as bearing N 000 04'41" W, and with all bearings contained herein relative thereto: Commencing at t�e S ; corner of the said Section 21; thence, along the said east line, N 00 04'41" W, 2725.81 feet to the Center ', of the said Section 21 and the True Point of beginning of the description. Thence, along the said east line S 00004-41" E, 681.46 feet to a point on the south line of the N '2 of the NE% of the SW 4 of the said Section 21; thence, along the said south line, S 89g39'50" W, 1000.00 feet to a point on the west line of the east 1000 feet of the NI-, of the NF114 of the SW; of the said Section 21;; Thence along said west line, N 00 04'41" W, 686.88 feet to a point on the north line o� the SW 1, of the said Section 21; thence, along the said north line, N 89 58'28" E, 1000.00 feet to the True Point of beginning. The above described tract contains 15.71 acres.