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HomeMy WebLinkAboutCOTTONWOOD PUD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this a1-1t day of CctoBFP_ , A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and GORDON A. MURDOFF AND KEITH M. WEAR, a partnership, hereinafter referred to as "the Devel- oper," LJTTNFCCFTN WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: COTTONWOOD, P.U.D., Tract "B", located in the southeast 1/4 of Section 24, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS;, the Developer desires to develop said property as a residen- tial subdivision and has submitted to the City a subdivision plat and a site plan, copies of which are on file in the Office of the Director of Engineering Services and made a part hereof by reference; and WHEREAS„ the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the office of the Director of Engineering Services and made a part hereof by reference; and WHEREAS„ the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain Fga SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this day of�� A.D. 198�, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and T. D. MURPHY CONSTRUCTION COMPANY, a Colorado Corporation, hereinafter referred to as "the Developer," WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follotrs, to -wit: C-OTTO U-0-M, P.0 D Tract "A", located in the southeast 1/4 of Section 24, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a residen- tial subdivision and has submitted to the City a subdivision plat and a site plan, copies of which are on file in the Office of the Director of Engineering .`services and made a part hereof by reference; and WHEREAS;, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the office of the Director of Engineering Services and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat and site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the Director of Engineering Services at the time of approval of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the subdivi- sion. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. G. All storm sewer facilities shall be so designed and con- structed as to adequately serve the property to be developed (and other lands as may be required, if any) and the developer hereby certifies that all necessary understandings have been reached with downstream property owners as to the discharge of storm drainage waters. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not Applicable. B. Sanitary sewer (oversizing, payback, etc.). Not Applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). All storm drainage facilities shall be completed prior to the.-;67,'' issuance of building permits for more than forty---i -�) 'VXi- \dwelling units or certificates of occupancy for more than 11.11X'7-z/- �,;'0)'t*eRty-f-"-r-4-24-) dwelling units (whichever occurs first). All drives, parking facilities, open sapce and storm drainage facilities shall be maintained by a homeowners association. D. Streets (oversizing, traffic lights, signs, etc.). See Exhibit "A". se 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/ or other areas as deemed necessary by the Director of Engi- neering Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engineering Services. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. -5- C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. G. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. ATTEST: City Clerk APPROVED: 6rectof Public orks City Attorney THE _CITY OF FORT COLLINS, COLORADO A Muni,cipal,Corporation By; City -Manager i T. D. MURPHY CONSTRUCTION COMPANY, a Colorado Corporation Thomas D. Murphy III, President ATTEST: (_✓� r zz_.- i ,�.; _,..,_� I - Secretary -7- SUBDIVISION: COTTONWOOD, PUD, TRACT "A" DATE: EXHIBIT "A" 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. If Tract "B" has not been constructed prior to the request for building permits for Tract "A", it shall be this developer's responsibility to install the curb -cut and a minimum 20 feet wide paved access from Stover Street through Tract "B" to Tract "A", in addition to the curb - cut onto Drake Road. 4. Storm drainage improvements to be installed out of sequence. Not Applicable. L 0 451719 02 W 25 AEI 11: 30 COUNTY OF LARIMER NOTICE STATE OF COLORADO Please take notice that on October 26, 1981, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved a Final Plan of the plan- ned unit development known as Cottonwood PUD. Said planned unit devel- opment was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. Said Final Plan of Cottonwood PUD together with, the development agreement between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations, is on file in the office of the Clerk of the City of Fort Collins. The Cottonwood PUD is more particularly described as follows: See Attached c� City er , s Secretary, Planning & Zoning Board City of Fort Collins Dated: February 25, 1982 CC- -g2loC p0t`oF TRACT "A" AND TRACT "8" OF COTTONWOOD SUBDIVISION, BEING A REPLAT OF COLLEGE GREEN SUBDIVISION, A SUBDIVISION OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID TRACTS "A" & "B" AS BEARING N 89045' E., AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE ' THERETO; BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT "A'; THENCE ALONG THE EAST LINE OF SAID TRACT "A" N 00°0B' 15"W., A DISTANCE OF 497.81 FEET- THENCE: S 58040' W., A DISTANCE OF 117.00 FEET; THENCE S 89-57'W., A DISTANCE OF 03.04 FEET; THENCE N 58°40'W., A DISTANCE OF 116.66 FEET; THENCE N 00003' W., A DISTANCE OF 45.90 FEET; THENCE ' S 89057' W., A DISTANCE OF 234.00 FEET; THENCE N 83°00'W., A DISTANCE OF 60.46 FEET; THENCE S 58°35'W, A DISTANCE 11 3.44 FEET; THENCE S 890 57'W., A DISTANCE OF 90.00 FEET; THENCE S 00003' E., A DISTANCE OF 55.01 FEET; THENCE S 44° 57' W., A DISTANCE OF 42.43 FEET; THENCE S 89057'W., A DISTANCE OF 107.14 FEET; THENCE S 001>03' E., A DISTANCE OF 20.00 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 40.00 FEET; A CENTRAL ANGLE OF 90°00; AN ARC LENGTH OF 62.83 FEET, AND A CHORD WHICH BEARS S 44- 57'W, A DISTANCE OF 56.57' FEET; THENCE S 89° 57'W., A DISTANCE OF 40.00 FEET; -THENCE S 00003'E., A DISTANCE OF 58.33 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90° 00', AN ARC LENGTH OF 23.56 FEET, AND A CHORD WHICH BEARS S 44° 57' W., A DISTANCE OF 21.21 FEET; THENCE S 89° 57'W., A DISTANCE OF 260.00 FEET; THENCE. ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°00', AN ARC LENGTH OF 23.56 FEET, AND A CHORD WHICH BEARS S 44° 57'W., A DISTANCE OF 21.21 FEET; THENCE S 00°03'E., A DISTANCE OF 247,29 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90° 12', AN ARC LENGTH OF 23.61 FEET, AND A CHORD WHICH BEARS S 45° 09'E., A DISTANCE OF 21.25 FEET TO THE SOUTH LINE OF SAID TRACT "B"; THENCE ALONG THE SOUTH LINE OF SAID TRACTS "A" AND "B" N 80° 45'E., A DISTANCE OF 1,266.34 FEET TO THE TRUE POrNT OF' BEGINNING. CONTAINING 12.745 ACRES, MORE OR LESS; HAVE BY PRESI=NTS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED INTO TRACTS AND LOTS TO BE KNOWN AS COTTONWOOD PU.D. ALL EASEMENTS SHOWN ON TRACT "A" AND TRACT "B" OF COTTONWOOD SUBDIVISION, BEING A P,FPLAT OF COLLEGE SUBDIVISION ARE HEREBY VACATED, AND DO HEREBY DEDICATE, COVEY, AND R1=SERVE PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES AS ARE LAID OUT AND DESIGNATED ON THIS PLAT. improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS„ the City has approved the subdivision plat and site plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, side- walks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the Council approved standard specifications of the City on file in the Office of the Director of Engineering Services at the time of approval of the utility plans relating to the specific utility, subject to any time limitations as provided by Ordinance. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. -2- C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the subdivi- sion. E. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. F. The installation of all utilities shown on the utility draw- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. -3- The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. G. All storm sewer facilities shall be so designed and con- structed as to adequately serve the property to be developed (and other lands as may be required, if any) and the developer hereby certifies that all necessary understandings have been reached with downstream property owners as to the discharge of storm drainage waters. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not Applicable. B. Sanitary sewer (oversizing, payback, etc.). Not Applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). Not Applicable. D. Streets (oversizing, traffic lights, signs, etc.). See Exhibit "A". -4- 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/ or other areas as deemed necessary by the Director of Engi- neering Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation, shall remove such rubbish no less than weekly and, at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way. He further agrees to maintain the finished street surfaces free from dirt caused by his operation. Any excessive ac- cumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engineering Services. If the Developer fails to adequately clean such streets within two (2) days after receipt of written notice, the City may have the streets cleaned at his expense and he shall be responsible for prompt payment of all such costs. -5- C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. The Developer shall, pursuant to the terms of this agreement, complete all improvements and perform all other obligations required herein, as such improvements or obligations may be shown on the original plat, or on any replat subsequently filed by the Developer, and the City may withhold such buil- ding permits and certificates of occupancy as it deems neces- sary to ensure performance hereof. F. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. G. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other so ATTEST: City Clerk APPROVED: CITY' Attorney provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municip rporation By: City ger Gordon A. Murdoff, Partner , j Keith M. Wear, Partner -7- SUBDIVISION: COTTONWOOD, PUD, TRACT "B" DATE: 11 j,51 E7YWTRTT udu 1. Schedule of water lines to be installed out of sequence. Not Applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not Applicable. 3. Schedule of street improvements to be installed out of sequence. If Tract "A" is not constructed at the time this tract is constructed, this developer shall provide a minimum 80 foot diameter temporary turn -around for emergency vehicles. 4. Storm drainage improvements to be installed out of sequence. Not Applicable. RCPTN # 85032472 0- '85 10:11:20 # OF PA - 1 FEE - $3.00 J. ULVANG, RECORDER - LriRIMER COUNTY, CO. DOC. FEE- $.00 NOTICE Please take notice than on May 27, 1985, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan known as Cottonwood PUD Tract 'B' Phase One, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated October 21, 1981 between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the subject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: Cottonwood PUD Tract "B" situate in the Southeast 1/4 Section 24 Township 7 North, Range 69 West of the 6th P.M., Fort Collins, Colorado. City Clerk ecret ry" Planning and Zoning Board C, ity'of Fort Collins Dated: � 12 71 S -� r--