Loading...
HomeMy WebLinkAboutPROSPECT PARK EAST PUD - Filed OA-OTHER AGREEMENTS - 2003-09-16RCPTN # 2000031786 05/16/2000 09:14:00 # PAGES - 2 FEE - $10.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 MEMORANDUM OF AGREEMENT AND NOTICE This Memorandum of Agreement and Notice is made and entered into this.26ay of 1' + , 2000 by and between the City of Fort Collins, Colorado, a municipal corporation, hereinafter referred to as the "City", and Sharp Point Properties, LLC, a Colorado Limited Liability Company, hereinafter referred to as the "Developer". The Developer has executed certain documents pertaining to a development which has been approved by the City, which development was named and is known as Advanced Energy, Buildings 7 & 8. The said documents create certain rights and obligations of the development, the Developer and/or subsequent owners of all or portions of the development site, many of which obligations constitute promises and covenants which run with the land. The said documents include, without limitation, those listed below and are on file in the office of the Clerk of the City of Fort Collins and Should be closely examined by all persons interested in purchasing any portion of the development site. The said documents include the following: Development Agreement (and the documents referenced therein) dated: ❑ Site and Landscape Covenants dated: )4 Final Site Plan dated: _ k5t2�1 ❑ Final Subdivision Plat dated: © Final Landscape Plan dated: Q Architectural Elevations dated: ❑ Other: The development site is more particularly described as follows: A portion of land in the City of Fort Collins, County of Latimer, State of Colorado, located in the North '/2 of Section 20, Township 7 North, Range 68 West of the 6th P.M., and more particularly described as follows: Lots 9 and 10 of Prospect Park East, P.U.D., according to the recorded plat thereof, and that portion of Lot 23 of Prospect Industrial Park, as amended by Vipont at Prospect Park East, according to the recorded plat thereof along the following five calls: Commencing at a point on the East right-of-way line of Midpoint Drive and the Southwest corner of Lot 9 of said Subdivision, said point being the point of beginning; thence N 89' 09' 45" E along the South line of said Lot 9, 150.00 feet to the Southeast corner of said Lot; thence S 37 ° 49' 27" E along the Northeast line of said amended lot 23, 157.34 feet, to the Northeast property corner of Lot 22 of Prospect Industrial Park; Thence S 76' 32' 00" W along said north line of Lot 22, 232.00 feet to a point on the East right-of-way line of said / Gi'IY'a foR-r cabldS V VAO RESOLUTION PZ95-10 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS ABANDONING A PORTION OF LOTS 3 AND 4 OF PROSPECT PARK EAST P.U.D. WHEREAS, the owner of Lots 3 and 4 of the Prospect Park East P.U.D. has requested abandonment of the rights to develop said lots in accordance with the approved planned unit development for Prospect Park East, P.U.D.; and WHEREAS, pursuant to Sec. 29-527 of the Code of the City, the Board has considered said request and has determined that the portion of the Prospect Park East P.U.D. which remains developed or to be developed in accordance with the previously approved P.U.D. plan will continue to qualify for approval as a planned unit development pursuant to the criteria and requirements of Sec. 29-526 of the Code; and WHEREAS, the Board has further determined that in so approving the aforesaid abandonment, the City's rights of ownership of or practical ability to utilize any previously dedicated street, easement, right-of-way, or other public area or public property will not be denied or diminished to the detriment of the public good. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS, that, pursuant to Sec. 29-527(a)(2), Lots 3 and 4 of the Prospect Park East P.U.D. are hereby removed from said planned unit development and the rights to develop said property in accordance with the approved Prospect Park East P.U.D. plan is hereby abandoned. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this day of April, A.D. 1995. C a an ATTEST: Secretary ��/�Midpoint Drive; thence along said right-of-way along the are of a curve to the right, a distance of 173.91 feet, said curve having a radius of 757.27 feet and a chord which bears N 060 53' 15" W, 173.53 feet; thence continuing along said right-of-way N 00' 18' 30" W along said right-of-way, 8.23 feet to the point of beginning. IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement and noticed the day and year first above written . Attest: City Clerk Approved as to Form: Deputy City Attorney STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) CITY OF FORT COLLINS, COLORADO By: (12 q . City Maffager DEVELOPER Sharp oint Properties, LLC, a Colorado Limited iability Company By: era d P. Lee, Manager Tl}is Memorandum and Agreement and Notice was subscribed and sworn to before me this day of.,, 2000, by Sharp Point Properties LLC by Gerald P. Lee, Manay,er, as the Developer. My commission expires: j Notary public Alv Commission Expires O4IE2/W B 2 3 0 2 P 0 7 8 DRAINAGE EASEMENT AND AGREEMENT THIS INSTRUMENT made this 20th day of November , 1984, by and between THE CITY OF FORT COLLINS, a Colorado Municipal Corporation, the mailing address of which is 300 Laporte Avenue, Fort Collins, Colorado 80521, hereinafter referred to as "the Grantor," and WILLIAM W. REYNOLDS and PROSPECT PARK EAST PARTNERSHIP, a Colorado General Partnership, the mailing address of which is Post Office Box 1666, Boulder, Colorado 80306, hereinafter referred to as "the Grantees." WITNESSE:TH: The Grantor, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considera- tion, to the Grantor in hand paid by the Grantees, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the Grantees, their heirs, administrators, successors, and assigns, forever, a perpetual easement thirty feet (30') in width, situate fifteen feet (15') on each side of a centerline, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 68 West of. the 6th P.M., Fort Collins, Colorado, which considering the West line of the said Northeast 1/4 as bearing S 00018130" E and with all bearings contained herein relative thereto, which centerline begins at a point on the West line of the said North- east 1/4 which bears N 00018130" W 535.00 feet from the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of said Section 20 and run thence along the arc of a 55.06 foot radius curve to the left a distance of 69.18 feet, the long chord of which bears N 53041'30" E 64.72 feet; thence N 17041130" E 36.72 feet to the end of said centerline. The purpose of said easement is for the installation, construction, repair, maintenance, and reconstruc- tion of a drainage ditch to serve the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Exhibit 'A' Property"), together with all rights and privileges which may be necessary or incidental to the reasonable and proper use of such easement. The foregoing easement shall be deemed an appurtenance to the Exhibit "A" Property, which shall "run with the Land." The owners of the Exhibit "A" Property, or any association created by said owners for the purpose of maintaining roads, trails, easements, and other common areas located within the Exhibit "A" Property, shall be responsible for the cleaning, restoring_, repairing, and maintaining of the drainage ditch which is to he constructed pursuant to the easement granted herein. The owners of the Exhibit "A" Property shall also be responsible for any damages caused by the flooding or erosion of the drainage ditch. The Grantor shall have r_o obligation to pay for the cleaning, restoring, repairing, or maintaining of said ditch. DATED the day and year first above written. THE CITY OF FORT COLLINS, ATTEST: a Colorado Municipal Corporation YLIV. By /— Mayor(/ City Clerk "the Grantor" PROSPECT PARK EAST PARTNERSHIP, a Colorado General Partnership wo S By 7 ,, M W. REYNOLD • t4Tilliam W. Reynolds, Ce P a r7 ner "the Grantees" DRAINAGE EASEMENT AND AGREEMENT THIS INSTRUMENT made this 20th day of November , 1984, by and between THE CITY OF FORT COLLINS, a Colorado Municipal Corporation, the mailing address of which is 300 Laporte Avenue, Fort Collins, Colorado 80521, hereinafter referred to as "the Grantor," and WILLIAM W. REYNOLDS and PROSPECT PARK EAST PARTNERSHIP, a Colorado General Partnership, the mailing address of which is Post Office Box 1666, Boulder, Colorado 80306, hereinafter referred to as "the Grantees." WITNESSE:TH: The Grantor, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considera- tion, to the Grantor in hand paid by the Grantees, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the Grantees, their heirs, administrators, successors, and assigns, forever, a perpetual easement thirty feet (30') in width, situate fifteen feet (15') on each side of a centerline, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 68 West of. the 6th P.M., Fort Collins, Colorado, which considering the West line of the said Northeast 1/4 as bearing S 00018130" E and with all bearings contained herein relative thereto, which centerline begins at a point on the West line of the said North- east 1/4 which bears N 00018130" W 535.00 feet from the Southwest corner of the Northwest 1/4 of the Northeast 1/4 of said Section 20 and run thence along the arc of a 55.06 foot radius curve to the left a distance of 69.18 feet, the long chord of which bears N 53041'30" E 64.72 feet; thence N 17041130" E 36.72 feet to the end of said centerline. The purpose of said easement is for the installation, construction, repair, maintenance, and reconstruc- tion of a drainage ditch to serve the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Exhibit 'A' Property"), together with all rights and privileges which may be necessary or incidental to the reasonable and proper use of such easement. The foregoing easement shall be deemed an appurtenance to the Exhibit "A" Property, which shall "run with the Land." The owners of the Exhibit "A" Property, or any association created by said owners for the purpose of maintaining roads, trails, easements, and other common areas located within the Exhibit "A" Property, shall be responsible for the cleaning, restoring_, repairing, and maintaining of the drainage ditch which is to he constructed pursuant to the easement granted herein. The owners of the Exhibit "A" Property shall also be responsible for any damages caused by the flooding or erosion of the drainage ditch. The Grantor shall have r_o obligation to pay for the cleaning, restoring, repairing, or maintaining of said ditch. DATED the day and year first above written. THE CITY OF FORT COLLINS, ATTEST: a Colorado Municipal Corporation YLIV. By /— Mayor(/ City Clerk "the Grantor" PROSPECT PARK EAST PARTNERSHIP, a Colorado General Partnership wo S By 7 ,, M W. REYNOLD • t4Tilliam W. Reynolds, Ce P a r7 ner "the Grantees" B?301? P0790 STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 20th day of November 1984, by Gerry Horak as Mayor and Wanda M. Kra.iicek as City Clerk, respectively, of THE CITY OF FORT COLLINS, a Colorado Municipal Corporation. idZ4NFSS my hand and official seal. cpRimission expires: STATE OF COLORADO ) ss. COUNTY OF4- ) The foregoing instrument was acknowledged before me'.this 11�Lkday of September, 1984, by WII,LIAM W. F.EYNOLDS, Individually and as General Partner in PROSPECT PARK EAST PARTNEF.SHSP" a Colorado General Partnership, j .j..;. WITNESS my hand and official seal. My commission expires:>/'/ %a No Public %910/--/Z/ , W&10&1 a20 - 2 - B2302 P0791 EXHIBIT "A" ,ATTACHED TO AND MADE A PART OF THE DRAINAGE EASEMENT AND AGREEMEN`.0 BETWEEN THE CITY OF FORT COLLINS ("THE GRANTOR") AND WILLIAPI W. REYNOLDS AND PROSPECT PARK EAST PARTNERSHIP ("THE GRANTEES") LEGAL DESCRIPTION OF THE EXHIBIT "A" PROPERTY Lots 1 through 31, Centerpoint Park, and a portion of Specht Point Road, all of Broken Point Road, a portion of Sharp Point Drive, and all of Midpoint Court, which is all more particularly described as follows: Considering the West line of the North 1/2 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Larimer County, Colorado, as bearing N 00°26'40" East and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00031140" W 58.62 feet, and again N 89°28'20" W 54.00 feet from the North 1/4 corner of said Section 20, and run thence S 00°31'40" W 982.03 feet; thence along the arc of a 365.29 foot radius curve to the Left., a distance of 333.07 feet, the long chord of which bears S 25135'36" E 321.65 feet; thence S 51042'52" E 7.84 feet; thence N 89°08'07" W 93.81 feet; thence N 89°09'45" W 640.60 feet to a point on the Easterly line of Midpoint Drive; thence along the Easterly and Northerly lines of Midpoint Drive, N 00018'30" W 179.67 feet, and again along the arc of a 552.19 foot radius curve to the left, a distance of 843.41 feet, the long chord of which bears N 44003'53" W 763.78 feet, and again DT 87049116" W 453.12 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.93 feet, the long chord of which bears N 44001'41" W 20.76 feet; thence N 00°14'06" W 629.05 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 24.17 feet, the long chord of which hears N 45°56" F. 21.64 feet to a point on the South line of East Prospect Road; thence along said South line, S 87053'54" E 524.53 feet, and again along the arc of a 2840.75 foot radius curve to the right, a distance of 196.05 feet, the long chord of which bears S 85055'17" E 196.01 feet, and again S 83°56'39" E 856.37 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.12 feet, the long chord of which bears S 47042'30" E 20.17 feet to the point of beginninq. - 3 - B23O2 PO7 6 602061 )saao�c �s r; Ii:o DRAINAGE EASEMENT AND AGREEMENT THIS INSTRUMENT made this 29th day of October, 1984, by and between LUCILE V. ANDERSON, whose mailing address is 714 East Elizabeth, Fort Collins, Colorado 80524, hereinafter referred to as "the Grantor," and WILLIAM W. REYNOLDS and PROSPECT PARK EAST PARTNERSHIP, a Colorado General Partnership, the mailing address of which is Post Office Box 1666, Boulder, Colorado 80306, hereinafter referred to as "the Grantees." WITNESSETH: The Grantor, for and in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable considera- tion, to the Grantor in hand paid by the Grantees, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold, and conveyed, and by these presents does hereby grant, bargain, sell, and convey unto the Grantees, their heirs, administrators, successors, and assigns, forever, a perpetual easement thirty feet (30') in width, situate fifteen feet (15') on each side of a centerline, which is located in the Northwest 1/4 of the Northeast 1/4 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Larimer Countv, Colorado, which considering the West line of the said Northeast 1/4 as bearing S 00°18'30" F and with all bearings contained herein relative thereto, which centerline begins at a point which bears N 00°18'30" W 535.00 feet and again N 53°41'30" E 64.72 feet and again N 17"41'30" E 36.72 feet from the Southwest corner of the Northwest 1/4 of the said Northeast 1/4 and run thence N 17041130" E 40.00 feet more or less to the existing pond. The purpose of said easement is for the installation, construction, repair, maintenance, and reconstruc- tion of a drainage ditch to serve the real property which is legally described on Exhibit "A" attached hereto and incorporated herein by reference (hereinafter "the Exhibit 'A' Property"), together with all rights and privileges which may be necessary or incidental to the reasonable and proper use of such easement. The Grantor expressly agrees to accept the storm drainage from the Exhibit "A" Property and to allow said drainage to flow into the said existing pond. The foregoing easement shall be deemed an appurtenance to the Exhibit "A" Property, which shall "run with the land." The owners of the Fxhibit "A" Property, or any association created by said owners for the purpose of maintaining roads, trails, easements, and other common areas located within the Exhibit "A" Property, shall he responsible for the cleaning, restoring, repairing, and maintaining of the drainage ditch which is to be constructed pursuant to the easement granted herein. The owners of the Exhibit "A" Property shall also be responsible for any damages caused by the flooding or erosion of the drainage ditch. The Grantor shall have no obligation to pay for the cleaning, restoring, repairing, or maintaining of said ditch. The owners of the Exhibit "A" Property shall also be responsible, at their expense, to maintain the quality of the storm drainage water which drains into the Grantor's said pond so as not to damage aquatic life in said pond, or contaminate said pond for livestock drinking purposes. The owners of the Exhibit "A" Property shall not be responsible for damages resulting from floodwaters originating on property upstream from the Exhibit "A" Property. B 2 3 0 2 PO787 DATED the day and year first above written. L C LE V. ANDERSON STATE OF COLORADO ss. COUNTY OF LARIMER "the Grantor" LLIMI REYNOL S PROSPECT PARK. EAST PARTNERSHIP, a Col ado General Partnership By aLt% William W. Reynol0s, Gen. Partner "the Grantees" The foregoing instrument was acknowledged before me this 29th day of October, 1984, by LUCILE V. ANDER.SON. WITNESS my hand and official seal. My commission expires: s K . 42 r� Notary Public STATE OF COLORADO ss. COUNTY OFi'�'t�. The foregoing instrument was acknowledged before me this day of October, 1984, by WILLIAM W. REYNOLDS, Individually and as General Partner in PROSPECT PARK EAST PARTITFRSHIP, a Colorado General Partnership. WITNESS my hand and official seal. My commission expires: Notary Public - 2 - 82302 P0788 EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE DRAINAGE EASEMENT AND AGREEMENT BETWEEN LUCILE V. ANDERSON ("THE GRANTOR") AND W.I..LLIAM W. REYNOLDS AND PP.OSPECT PARK EAST PARTNERSHIP ("THE GRANTEES") LEGAL DESCRIPTION OF THE EXHIBIT "A" PROPERTY Lots 1 through 31, Centerpoint Park, and a portion of Specht Point Road, all of Broken Point Road, a portion of Sharp Point Drive, and all of Midpoint Court, which is all more particularly described as follows: Considering the West line of the North 1/2 of Section 20, Township 7 North, Range 68 West of the 6th P.M., Fort Collins, Larimer County, Colorado, as bearing N 00°26'40" East and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00031140" W 58.62 feet, and again AT 89°28'2.0" W 54.00 feet from the North 1/4 corner of said Section 20, and run thence S 00°31'40" W 982.03 feet; thence along the arc of a 365.29 foot radius curve to the left, a distance of 333.07 feet, the long chord of which bears S 25035'36" E 321.65 feet; thence S 51042'52" E 7.84 feet; thence N 89°08'07" W 93.81 feet; thence N 89°09'45" W 640.60 feet to a point on the Easterly line of Midpoint Drive; thence along the Easterly and Northerly lines of Midpoint Drive, N 00018'30" W 179.67 feet, and again along_ the arc of a 552.19 foot radius curve to the left, a distance of 843.41 feet, the long chord of which bears N 44003153" W 763.78 feet, and again N 87049116" W 453.12 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.93 feet, the long chord of which bears N 44'01'41" W 20.76 feet; thence N 00°14'06" W 629.05 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 24.17 feet, the long chord of which bears N 45°56" E 21.64 feet to a point on the South line of East Prospect Road; thence along said South line, S 87053'54" E 524.53 feet, and again along the arc of a 2840.75 foot radius curve to the right, a distance of 196.05 feet, the long chord of which bears S 85055'17" E 196.01 feet, and again S 83°56'39" F, 856.37 feet; thence along the arc of a 15.00 foot radius curve to the right, a distance of 22.12 feet, the long chord of which bears S 41042'30" E 20.17 feet to the point of beginning. - 3 - ww w4 4 F aw -act *AW rfto RELEASE AND INDEMNITY I,( "-eg, �- 3 .taE- V � . Ve.% , for and in consideration of on dol ar $1.00) to me in hand paid by the City of Fort Collins, Colorado, a municipal corporation, together with other good and valuable consideration, do, for myself, my heirs, personal representatives, successors and assigns, indemnify and hold harmless and release and discharge said City from all manner of action or causes of action, suits, debts and sums of money, claims and demands whatsoever in law or equity which I have had or may have or which may be brought against me or against said City by reason of damages caused directly or indirectly from surface storm runoff to the following described property, in Larimer County, Colorado to wit: Lots 6 and 7, Prospect Park East P.U.D. City of Fort Collins, County of Larimer, State of Colorado This indemnification and release constitutes a which shall run with the lands above described and be upon all present and future owners and proprietors of lands and anyone claiming under me or said owners and their heirs, personal representatives, successors and as owners or occupants thereof or otherwise. IN WITNESS WHEREOF, I have indemnification this Z'CL 198z. State of Colorado ) ) ss. County of Larimer ) covenant binding said proprietors, assigns executed this release and day of lllGu�t VE�^�T"•.cc' S Subscribed and sworn before me this n day of mckfeh 1981, by UiijjiAm L). eV„olrc I Witness my hand and official seal. My commission expires: 9/I5ld'1 My address is: 191q jq4 5�•i bkik � 3olt1de r, Co . &V30� / V�J