HomeMy WebLinkAboutCLARENDON HILLS - Filed OA-OTHER AGREEMENTS - 2003-07-31AGREEMENT
THIS AGREEMENT is made and entered into this 3l5f day of
July, 1987, by and between Poudre Valley Rural Electric Associa-
tion, Inc., a Colorado corporation ("REA"), and the City of
Fort Collins, Colorado, a municipal corporation ("City").
WHEREAS, REA currently maintains an above -ground power line
on privately owned property adjacent to South Shields Street in
the City of Fort Collins, Colorado, and claims a private, pre-
scriptive easement (the "private easement") which permits it to
do so; and
WHEREAS, approximately 3,000 lineal feet of the property on
which the REA power line is located is being developed and in
conjunction therewith, REA has been requested by the owners of
said property to relocate its power lines; and
WHEREAS,, said property owners have recently dedicated to the
City portions of their respective properties to expand the right-
of-way for South Shields Street, which dedicated portions include
REA's easement; and
WHEREAS„ said property owners have also recently dedicated to
the City a twelve foot wide public utility easement (the "public
utility easement") described in those certain easement dedica-
tions recorded in the books of record of the County of Larimer,
State of Colorado, in reception numbers 87002177 and 8700278 on
January 15, 1987, copies of which are attached hereto as Exhibits
A and B and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the exchange of mutual
covenants and obligations herein contained and other good and
valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties agree to be legally bound as
follows:
1. REA shall relocate a portion of its existing power
line (that portion north of Clarendon Drive) from
the! private easement into the public utility
easement and running throughout the entire length
thereof. The remaining portion of the power line
shall be relocated into a new private easement.
2. The! City agrees and warrants that, within the
above -described public utility easement, REA shall
have the right to construct, reconstruct, inspect,
upgrade, increase voltage or line capacity,
operate, repair, maintain and extend from time to
tinLe an overhead and/or underground electric line
or system, including, but not limited to, poles,
towers, fixtures, conductors, guy wires, cables,
conduits, volts, transformers, pads, and
enclosures, on, over or under the above described
lands and shall further be permitted to cut, mow,
trim or control by chemical means, from time to
time, trees, bushes and shrubbery located within
ten feet of the center line of said line or system
and cut down all dead, weak, leaning, or dangerous
trees or limbs in or adjacent to the right-of-way
as may, in the opinion of REA, otherwise endanger
the lines or other facilities of REA. REA shall
have a right of access for ingress and egress into
said easement for the above mentioned purposes. All
facilities installed by or for REA shall remain the
property of REA, removable at the option of REA.
3. REA acknowledges and understands that its easement
within the public utility easement is not defined
as to width and shall be non-exclusive; provided,
however, that the City shall not permit other
utilities to be installed within the public utility
easement in such a manner so as to interfere with
REA's rights and benefits within the easement as
described above. REA also agrees that, in the
event that the private property adjacent to the
public utility easement is subdivided, as defined
by Chapter 99 of the City Code, REA's facilities
within the public utility easement may be required
to be placed underground, subject to the provisions
of Paragraph 5 below. REA shall be solely respon-
sible for maintaining its own facilities and equip-
ment within the easement as described above. The
City shall undertake such maintenance of the public
utility easement as it deems reasonably necessary
in the public interest; provided, however, that
such maintenance will not unreasonably interfere
with REA's rights and benefits as described herein.
4. REA agrees that at such time as any portion of its
power line is relocated to the public utility
easement and/or new private easement, it will
abandon, quit claim, and/or vacate any claim which
it has to its private easement within the
right-of-way for South Shields Street that is no
longer actually utilized by REA.
5. In the event that the relocated power line need in
the future to be relocated again from the public
uti]:ity easement or placed underground, for reasons
beyond the control of REA, the parties hereto agree
that: REA shall not been liable for the cost of said
relocation or undergrounding, and all other reason-
able engineering and legal requirements of REA
shall be satisfied prior to relocation. Upon the
occurrence of any subsequent relocation, REA agrees
to relinquish, quit claim, abandon and/or vacate
any right, title or interest within such portion of
the public utility easement which is no longer
being utilized by REA.
6. The City agrees not to impose any fee, license,
tax:, permit or other monetary or regulatory
control over any line, equipment or other facility
of REA within the public utility easement or
right-of-way during the period of REA's use thereof
other than as expressly provided by this Agreement.
7. Each party agrees to execute and deliver any other
documents, including any quit claim deeds which may
be necessary under Paragraph 5 of this Agreement,
reasonable required to complete and accomplish the
Agreement set forth herein.
8. This Agreement shall be binding upon the successors
and assigns of the parties hereto.
9. This Agreement may be signed in counterparts and
each of the counterparts so signed shall constitute
one Agreement. The Agreement shall be binding from
the date all of the parties hereto have executed
this Agreement.
CITY OF FORT COLLINS, COLORADO
DePv{7 CITY MA GER
. TTES
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
POUDRE VALLEY RURAL ELECTRIC_
ASSOCIATION, INC., a Colorado
Corporation
ATTEST
Secretary
Subscribed and sworn to before me this day of
1987 by as
of the Poudre Valley Rural Electric
Association, Inc., a Colorado Corporation
�1 Subscribed and sworn to before me this ±day of
1.987 by as
of the City of Fort Collins, Colorado.
Witness my hand and official seal.
My commission expires:
zz
�.
Notary Public
Apprq ed As_ To Form:
Assistant City Attorney
PHASING OF SHIELDS STREET IMPROVEMENTS
FIRST AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT, made and entered into this �Iday
of -c.l 1991, by and between the CITY OF FORT COLLINS,
COL RADO,Ia municipal corporation ("the City"), and CLARENDON HILLS
ASSOCIATES, LTD., a Colorado limited partnership, ("the
Developer"), is an amendment to that certain Agreement, regarding
the phasing of Shields Street improvements, dated the 14th day of
September, 1987, by and between the City and the Developer
hereafter referred to as the "Phasing Agreement".
WHEREAS, the parties hereto previously executed the Phasing
Agreement; and
WHEREAS, the parties are presently desirous of modifying the
Phasing Agreement.
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
Paragraph (5) on page 3 of the Phasing Agreement is hereby
deleted.
Except as herein amended the Phasing Agreement shall continue
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
ATTEST:
CITY CLERK u
APPROVED AS TO FORM:
o . -
irect zof Engineering
City Attorney
CITY OF FORT COLLINS, COLORADO
A Muniipal Corporatiy'
BY: ;` (
City Manager
1
ATTEST:
Y
L rie BurgessJ, Secretary
DEVELOPER:
CLARENDON HILLS ASSOCIATES, LTD.,
a Colorado Limited Partnership
By: Nor 'c Construction and
Deve pment I c.
ick, Pre ent
(corporate seal)
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