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HomeMy WebLinkAboutEASTGATE - Filed OA-OTHER AGREEMENTS - 2003-07-31NIE14CRANDUM OF AGREEMENT THIS AGRE313IT, made and entered into tL t: - his day of A. D. 19 7 by and bewtween THE CITY OF FORT COLLETS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, JTITNESSETH: T HEMEA.S, second party has heretofore submitted.a subdivision plat of the subdivision to be kno,�m as Eastgate Subdivision For approval by the I.funicipal Planning and Zoning ,Board and tje City Council. of the City of Fort Collins, and TJHEREA.S, said subdivision plat is acceptable to first party and first partS"s Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NGI, TIME CRE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. - 2..•.In consideration of the approval of said plat by first party, and first partyts Planning and Zoning Board, second party agrees as follows: (4) To submit to first party the following detailed improvement plans, acceptable to the first party: (1) A plan o-L the proposed wa-er distribution system including the connecting pipelines to the points of connection to. the first partyts existing tinter distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all marholes and connections to the first partyts existing sanitary setrer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyts existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (,) Plans and profiles of the proposed street drainage system shoTAng the connections to the first partyts storm sewer system 4 and including all storm sewer inlets and manholes. If a storm sewer outfall iin: is of a .iLabLe, socorid party agrees to join into a special improve- ment district for the installation of such outfall line upon request therefor by first party and to sign any petition and perform any other act necessary to form such district. (6) Items A (1) to A (S) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by the party of the second part to the Light 4 Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the sub - divider's approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the �� day of A.D. , 19 4'_� and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City Clerk THE CITY OF FORT COLLINS A Municipal Corporation Mayor First Party APPROVED: (SEAL) Second Party DECLARATION AND COVENANTS KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DALE A. LEACH and R. JAMES WEISSER (hereinafter sometimes referred to as the "Declarants"), being the owners of all of the lands described on Exhi- bit A attached hereto and by this reference made a part hereof, hereby makes the following declarations and adopts the within covenants in connection with said lands. These declarations and covenants shall be covenants running with the land and shall be binding upon the Declarants, their heirs, personal representatives and assigns and all future owners of said lands or any part thereof. These declarations and covenants shall be for the benefit of and enforceable by The City of Fort Collins, Colorado, and all future owners of all or any part of the said lands. 1. The lands described on Exhibit A are to be developed as a Town- house Apartment site in accordance with a planned unit development plan submitted to The City of Fort Collins and approved by said City. The plans for the planned unit development include a plan for the installation of landscaping improvements to be installed on the lands described on Exhibit A. The plan for the planned unit development contemplates development and installation of the building improvements, allied parking facilities and landscaping. Declarants agree to install the parking facilities and land- scaping improvements as shown on the planned unit development plans submitted to and approved by the City, with such facilities to be installed and con- structed as required for each phase of the development. 2. Declarants agree to maintain all landscaping installed pursuant to the planned unit development plans in good condition and to replace and replant any of such landscaping improvements which may require such replace- ment in the future. In the event any landscaping improvements require maintenance or replacement and Declarants fail to perform the same within thirty (30) days after receipt of a notice from the City of Fort Collins requiring, such maintenance or replacement, then the said City shall have the right to enter upon the premises and to perform any maintenance work required or to replace any landscaping in need of replacement. Any such work performed by the City shall be done at the cost of Declarants, and the City shall have a lien on the property described on Exhibit A to enforce payment of any such cost. If at such time the property des- cribed on Exhibit A is owned by more than one party in separate ownership, then the cost of the work performed shall be paid by the party owning that portion of the property containing the building improvements adjoining the landscaped area, and the lien shall extend to such property which adjoins the landscaped area on which the maintenance or replacement was done. The lien herein granted shall be subordinate to the lien of any first mortgage or deed of trust which may now or hereafter be placed against the subject premises or any part thereof by the owner of the premises. Sale or transfer of any portion of the subject premises shall not affect the lien granted herein, but the sale or transfer of any portion of the premises pursuant to mortgage or deed of trust foreclosure or any proceeding in lieu thereof shall extinguish the lien as to any amount which was due prior to such sale or transfer. No such sale or transfer shall relieve any portion of the property from liability for any amount becoming due thereafter pursuant to the terms of this declaration. 3. The City of Fort Collins shall be entitled to all rights of fore- closure or other remedies existing pursuant to Colorado law for enforcement of any lien granted hereunder and may also, at its discretion, without wiav- ing any other rights it may have pursuant to law, proceed directly with legal action against Declarants or the then owner of the lands subject to this declaration to collect payment of any amount due pursuant to this declaration. 4. This declaration may be amended by the Declarants so long as they are the owners of all of the property described herein or by such parties as may hereafter constitute all of the owners of the property described. herein, provided that no amendment to this declaration shall be effective unless approved by the City of Fort Collins, Colorado. IN WITNESS WHEREOF, this declaration and covenant has been executed this rr day of August, 1977. DALE A. LEACH R. JAMES WEISSER STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 1;� day of August, 1977, by DALE A. LEACH and R. JAMES WEISSER. Witness my hand and official seal. My commission expires My Commission expires Apr. 19, 1979 Notary Public EXHIBIT A Description of Lands Constituting Planned Unit Development The EASTGATE Townhouses situate in the Southeast 1/4 of Section 18, Township 7 North, Range 68 West of the Sixth P.M, City of Fort Collins, County of Larimer, State of Colorado, which considering the South line of said Southeast 1/4 as bearing N 880 59' 40" E and with all bearings con- tained herein relative thereto, is contained within the boundary lines which begin at a point on the West line of said Southeast 1/4 which bears N 000 03' ':)0" W 1503.24 feet from the South 1/4 corner of said Section 18 and run thence East 355.49 feet; thence along the arc of a 242.02 foot radius curve to the left a distance of 189.66 feet, the long chord of which bears N 670 33' E 184.84 feet; thence N 45° 06' E 184.32 feet; thence along the arc of a 25.00 foot radius curve to the left a distance of 40.82 feet, the long chord of which bears N 010 40' 15" W 36.43 feet; thence along the arc of a 915.00 foot radius curve to the left a distance of 227.28 feet, the long chord of which bears N 560 19' 40" W 226.65 feet; thence N 630 31' 20" W 519.54 feet; thence S 000 03' 50" E 610.64 feet to the point of beginning, containing 6.2137 acres, more or less.