HomeMy WebLinkAboutNATURAL RESOURCES RESEARCH CENTER - Filed OA-OTHER AGREEMENTS - 2003-09-30Transportation Services
Engineering Department
Citv of Fort Collins
APRIL 19, 2001
NOTICE: THIS DOCUMENT IS NOT TYPICAL, IT HAS BEEN SUBMITTED
FOR REVIEW BY THE CITY BUT WAS DEVELOPED UNDER COLORADO
STATE UNIVERSITY ON DEPARTMENT OF AGRICULTURE LANDS.
IT IS BEING PLACED ON FILE AND DISTRIBUTED AS A CITY PROJECT
UNDER THE ASSUMPTION THAT THE DATA WILL BE USEFUL FOR THE
ADMINISTRATION OF SERVICES AND AREA PLANNING.
THERE ARE ALSO CIVIL ENGINEERING PLANS ON FILE WITH THIS
PROJECT AT OUR OFFICE AT 281 N. COLLEGE AVE.
JR WILSON , ENGINEERING TECHNICIAN
970-221-6588
281 N,,r1I1 CollI'O. 13ox 580 • Fort Collins, CO 805)22-0580 • (970) 221-6605 • FAX (970) 221-6378
wwwci.tol collins.co.ue
2
impact the purpose or the performance of the storm drainage plan and the
relocation plans have first been approved by the City.
5. Acknowledgement of Compliance. The City acknowledges that the Swale and
Pond Improvements, the Flume and the agreements of the Board herein have
been accepted by the City and are consistent with the City's storm water
drainage criteria for storm water runoff, from the Board's NRRC property into
the City's drainage facilities. The parties acknowledge that the City has not
reviewed or approved the plans or designs of the above -noted improvements,
or the actions agreed to by the Board hereunder, for appropriateness or
suitability for the accomplishment of the Board's purposes or for effectiveness
or safety, and neither accepts nor bears responsibility for such matters.
6. Vacation of Old Easement. This Storm Water Drainage Agreement replaces
the Deed of Storm Drainage Easement dated December 3, 1987 and recorded
January 25, 1988 at Reception No. 88003246 in the records of the �Clerk}leand
Recorder of he cat r County, and
Z�ain wBoardh onhasbeen 7 a� 94a-
vacation by the City PlarminB
7. Successors. This Agreement shall be binding on the parties' legal successors
g, No Third Party Beneficia . It is expressly understood and agreed that the
enforcement and conditions of this Agreement and all rights contained herein
relating to enforcement, shall be strictly reserved to the Board and the City.
Nothing contained in this Agreement shall give or allow any claim or right of
action whatsoever by any third person or entity. It is the express intention of
the Board and the City that any such person or entity, other than the Board or
the City, receiving services or benefits under this Agreement shall be deemed
an incidental beneficiary only.
9.
Sovereign Immunit . Notwithstanding any other provision of this Agreement,
no term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions of the Colorado Governmental Immunity Act,
Section 24-10-101, et seg., C.R.S., as now or hereafter amended. The parties
understand and agree that liability for claims for injuries to persons or property
arising out of negligence of the Board, its departments, agents, officials and
employees is controlled and limited by the provisions of Section 24-10-101, et
se ., C.R.S. as now or hereafter amended and the risk management statutes,
Section 24-30-1501, et seg., C.R.S. as now or here after amended.
10. Representatives and Notice. Any reference to actions by the Board herein
shall include the Board or its designated representative. For the purposes of
this Agreement, the parties designate the following persons as their
representatives and list the following addresses for the delivery or mailing of
notices and other communications:
Representative for the City:
City Manager
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
Representative for the Board:
Real Estate Services
Facilities Services Center North
Colorado State University
Fort Collins, CO 8052-6030
with copy to:
City Attorney
City of Fort Collins
P. 0. Box 580
Fort Collins, CO 80522
with copy to:
General Counsel
202 Administration Building
Colorado State University
Fort Collins, CO 80523-0006
Any notice required or desired to be given under this Agreement shall be delivered or mailed
by certified mail to the addresses listed above.
11. Jurisdiction. The laws of the State of Colorado and the rules and regulations
issued pursuant thereto shall be applied in the interpretation, execution, and
enforcement of this Agreement. Any provision of this Agreement, whether
or not incorporated herein by reference, that provides for arbitration by any
extra judicial body or person or which is otherwise in conflict with said
laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports
to negate this or any other special provision in whole or in part shall be valid
or enforceable or available in any action at law whether by way of
complaint, defense, or otherwise.
12. Severability. Any provision hereof rendered null and void by the operation
of law will not invalidate the remainder of this Agreement to the extent that
the agreement of the parties is capable of execution.
13. No Corrupt Influences. The signatories hereto aver that they are familiar
with C.R.S. 18-8-301 et seq. (Bribery and Corrupt Influences) and C.R.S.
18-8-401 et seq. (Abuse of Public Office), as may be amended from time to
time, and that no violation of such provisions is present.
14. No Beneficial Interest. The signatories hereto aver that to their knowledge,
no State employee has any personal or beneficial interest in the property
described herein
0
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year written above. f th Colorado
City of Fort Collins, Colorado
By:
4Jo Fischbach
City Manager
IT
"lfy�
C.
N
The Board of Governors o e
State University System
for the use and benefit of Colorado State
University
By:
Gerry—Bornolfti
Vice President for Administrative Services
APPROVED:
U
TO FORM: By;
Donna W. Aurand
Associate Legal Counsel
uiy City
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this2iday of
Gerry Bomotti, as Vice President for Administrative Services at Colorado State
My commission expires 3 ' �� L/
Notary
STATE OF COLORADO )
) ss
ya.s;
�n F d � +' •�
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this L day of q..2004 by John
Fischbach, as City Manager of the City of Fort Cc ' ado.
,(\IARY _
My commission expires
hand and official seal.
"ICk
« -•e � MFS,q I�o[ary Public
!y*
IlI
CONSENT OF GROUND LESSEE
(NRRC-A)
The Board of Governors of the Colorado State University System, formerly known as the
Colorado State Board of Agriculture, for the use and benefit of Colorado State University (the
`Board"), as tenant under that certain Land Lease Agreement dated as of March 25, 1998 and
concerning which a Memorandum of Lease dated as of March 25, 1998 was recorded on
September 2, 1998 at Reception No. 98075677 of the real property records of Latimer County,
Colorado (the "Records"), as supplemented by a Memorandum of Term dated as of February 1,
2000 and recorded August 23, 2000 at Reception No. 2000057596 of the Records (collectively,
the "Ground Lease") (the tenant's interest under the Ground Lease having been previously
assigned to the Board pursuant to an Assignment and Assumption and Operating Agreement
dated as of July 1, 1998 and a Memorandum of Assignment of Lease dated as of June 30, 2000
and recorded August 23, 2000 at Reception No. 2000057597 of the Records), hereby consents to
the foregoing Storm Water Drainage Agreement and subordinates all of its right, title and interest
as tenant under the Ground Lease in and to the land demised under the Ground Lease to the
Board's covenants regarding the above -described Flume made pursuant to the foregoing Storm
Water Drainage Agreement.
THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY SYSTEM
FOR THE USE AND BENEFIT OF COLORADO
STATE UNIVERSITY
By:
Gerry Bom 1
Vice President for Administrative Services
Colorado State University
STATE OF COLORADO
COUNTY OF LARIMER )
The foregoing instrument was subscribed and sworn to before me this 26 day of
2004, by Gerry Bomotti as Vice President for Administrative Services of
Colorad Itate University, on behalf of the Board of Governors of the Colorado State University
System for the use and benefit of Colorado State University.
Witness my hand and official seal.
My commission expires: I ' 30—e
r i
l
� `^', a 'r,•,
CONSENT OF LEASEHOLD MORTGAGE
(NRRC-A)
American National Bank, formerly The Bank of Cherry Creek, a Branch of Western
National Bank, and formerly The Bank of Cherry Creek, N.A., as Trustee under that certain
Indenture of Trust dated as of July 1, 1998 and recorded September 2, 1998 at Reception
No.98075678 of the real property records of Larimer County, Colorado, as modified by a
Supplemental Indenture of Trust dated as of September 1, 1999 (collectively, the "NRRC-A
Indenture"), hereby consents to the foregoing Storm Water Drainage Agreement and
subordinates all of its right, title and interest in and to land encumbered by the NRRC-A
Indenture to the above -described Board's covenants regarding the above -described Flume made
pursuant to the foregoing Storm Water Drainage Agreement.'-1
STATE OF COLORADO )
CITY AND )
COUNTY OF DENVER )
the foregoing in t �subsaib and sworn to before me this Zrld day of
200 , y�
as ' Q of
American National Bank.
Witness my hand and official seal.
My commission expires
Not ubli
GAYLA J. MANDEVILLE
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires April 18, 2006
I
CONSENT OF GROUND LESSEE
(NRRC-B)
The Board of Governors of the Colorado State University System, formerly known as the
Colorado State Board of Agriculture, for the use and benefit of Colorado State University (the
"Board"), as tenant under that certain Ground Lease Agreement dated as of December 4, 2000
and concerning which a Memorandum of Lease dated as of March 1, 2001 was recorded on
March 13, 2001 at Reception No. 2001018646 of the real property records of Larimer County,
Colorado (the "Records"), as supplemented by a Memorandum of Term dated as of May 23,
2001 and recorded May 31, 2002 at Reception No. 2002059186 of the Records (collectively, the
"Ground Lease") (the tenant's interest under the Ground Lease having been previously assigned
to the Board pursuant to an Assignment and Assumption and Operating Agreement dated as of
March 1, 2001 and a Memorandum of Assignment of Lease dated as of May 23, 2002 and
recorded May 31, 2002 at Reception No. 2002059187 of the Records), hereby consents to the
foregoing Storm Water Drainage. Agreement and subordinates all of its right, title and interest as
tenant under the Ground Lease in and to the land demised under the Ground Lease to the Board's
covenants regarding the above -described Swale and Pond Improvements and the above -
described Swale and Pond Area made pursuant to the foregoing Storm Water Drainage
Agreement.
THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY SYSTEM
FOR THE USE AND BENEFIT OF COLORADO
STATE UNIVERS
By:
Gerry Bom i
Vice President for Administrative Services
Colorado State University
STATE OF COLORADO
COUNTY OF LARIMER )
The foregoing instrument was subscribed and sworn to before me this &If--7 day of
2004, by Gerry Bomotti as Vice President for Administrative Services of
Co orado SItate University, on behalf of the Board of Governors of the Colorado State University
System for the use and benefit of Colorado State University.
Witness my hand and official seal.
My commission expires:
CONSENT OF LEASEHOLD MORTGAGE
(NRRC-B)
American National Bank, formerly The Bank of Cherry Creek, a Branch of Western
National Bank, and formerly The Bank of Cherry Creek, N.A., as Trustee under that certain
Indenture of Trust dated as of March 1, 2001 and recorded March 13, 2001 at Reception
No.2001018647 of the real property records of Larimer County, Colorado (the "NRRC-B
Indenture"), hereby consents to the foregoing Storm Water Drainage Agreement and
subordinates all of its right, title and interest in and to land encumbered by the NRRC-B
Indenture to the above -described Board's covenants regarding the above -described Swale and
Pond Improvements and the above -described Swale and Pond Area made pursuant to the
foregoing Storm Water Drainage Agreement.
AMERICAN NATIONAL BANK
STATE OF COLORADO )
CITY AND )
COUNTY OF DENVER )
The foregoing instrument was subscribed and swom to before me this d day of
5
=� ^� , 2004, by G; ^n L !� wv _ as (1 of
Am r an National Bank.
Witness my hand and official seal.
My commission expires:
618950.1 ]DSTER 06/3/04 9:29 AM
'hwres April 18, 2006
0
EXHIBIT A
1'ItO1'I:IL'IY U<SCR11''I'ION
1)rninagc P.nscmcut (112)
A parcel of and helm, pall ()Rile lio,et (hill (1[172) ul Seclion'IAveiny-three (23),'fuwnshlp Scveu Nor11i
('I.7N.). Range Sir.) -nine \\'esi (R (19\\'.) of the Sixth Principal NIcIidiau (6th 11,NI.), City of faC Foil ollins,
County of Lainter, State of Culonulo IUr dIalIII c cusmncut purposes, more particularly ticscriha as
fu I lows.
13EGINNING at the C'cnlcr (loader C'orncr ul'said Section 23 and assuming file South line ol'said NGI/4
as bearing South 89°21'l13" Gast it distance of 2656.18 (eet with all other bearings contained herein
relative lherctu:
Ilil?NC'li South 89"21'01" Gast along said South line a distance of 1202.00 feel to the TRUE POINT
OR BEIGINNING:
I IIFNCL• North 19°50'32" Gast it distrmce of 149.89 feet;
TIIGNCG. North 08°56'4 3" Bust a dislancc oh 169.45 fcc(;
'11IFNCli North 62°23'34" West a distance o1 29.73 feel;
'I'HGNC G North 00"00'00" Gast it dislancc o1 11.28 feet to the Southerly line ol'a Bicycle/Pedestrian
Gasentenl liccorded in Iluok 1984, Page 762 of the Records of Larinacr County;
The next Bight (8) :rrllrscs arc clung the Southerly line ol'said 13icycle/Pedeslriau Easement:
TI IM k South 62"23'34" lust a dislancc (1('38.82 feel to a I'nint0N'urvalure (PC);
I'I ICNC'G along (fit Arc ol'a curve \\'lulela is elnlcaVC to the North it distance oh 155.91 Iec(, whose Radius
is 262.50 feel, who;c Della is 34" 01'51)", and Whose Lung C;hnnl bears South 79"24'29" Gast a disuntce of
153.63 fret to the I'uinl of'fengcmcy (VI )
THPNC li North 83°34'36" Gast a dislancc of 29.54 ]-cc( to a PC;
THENC G along the Arc oha curve Which is concave (o the North a dislancc of 1,10.57 feet, whose Radius
is 372.50 feel, cvImse Della is 21"3719", and whose Lung Chord bents North 72°,15'57" Fast it distance of
139.74 feet to a Point of Cunynxuxl Curt'alurc (PCC);
'1'11FNC G along (hc Arc of a curve Which is concave to the NUrthwest a distance of 168.05 feel, whusc
Radius is 072.50 fc-'l, Wltose Della is 14°19'03", and whose Long Chord bears North 54°47'46" f:;ist it
distance of 107.61 %ee( to the PT;
'THENCE: North 473814" Fast a dis(ance of45.50 feet to a PC;
1'HENCE .dung the Arc of a curve which is concave to the Suu(hcasl ;t distance ol' 36.75 feet, whose
Radius Is 47.50 fee , whose Delta is 44°20'04", and %%hose Long Churd bears North 69"48'16" Gas( it
dislancc of 35.84 loci lu the PT;
'I HENCE South 88°01'42" Past it distance of 5.72 feet
THENCE South 31 °59'56" West a distance of 20.84 feet
TI1ENCE South 33°42'26" Fast a distance of 10.59 feet to :t PC;
I I IP.NC I: along (tic Arc of a curve Which is concave w file Suullrnesl it dislancc of 32.43 feet, wh use
Radius is 30.50 fee , whose Delta is 60"55'49" and whose lung chord bears South 03' 14'32" Gas a
dislancc of 30.93 feet to the PT
TI lUNCF South 27'13'23" West it distance of 54.52 feel;
'IIIGNCG South 14°39'37" West a distance o('9.06 feel to a PC;
ll1GNCG along the Arc of a curve concave to the Northwest it distance of 92.36 feet, whose Radius is
124.50 feel, whose Della is 42"30'09", and whose Long Chord bears SUlllh 35°54'41" West a distance of
90.25 feel to (he PT;
TUP:NCP. South 57'09'46" West a distance of 29.19 feet;
TI IGNCG South 52°04'39" West it distance of 10.00 lect;
TIIGNCG Not 009`31'36" West it distance of 11.26 feet to a PC;
TI IGNCE along the Arc of it curve which is concave to the Southeast a dist:mce of 8.08 fiat, whose
Radius is 7.00 leer, whose Della is 66'07'33", and whose Long Churd bears South 67°24'37" Wc,;t it
distance of 7.64 feet to the PT;
THENCE South 34°20'5 1" West it distance of 2.23 feet to it PC;
'I HENCE along file Arc of ❑ curve which is concave to the Northwest it distance of' 12.90 feel, whose
L
THENCE South Gr° 10'38" West a distance of 5.03 feet to a PC;
THENCE along the Arc of a curve which is concave to the Northwest a distance of 10.49 feet, whose
Radius is 28.50 fe<t, whose Delta is 33'08'59", and whose Long Chord bears South 83°45'08" West a
distance of 16.26 feet to the PT;
TFIENCE North 79040'23' West a distance of 13.43 feet to a PC of a non -tangent curve;
THENCE along the Arc of a curve which is concave to the North a distance of 9.09 feel, whose Radius is
28.00 feet, whose Delta is 18°36'06", and whose Long Chord bears North 89° 13'45" West a distance of
9.05 feet to the PT;
THENCE North 79°55'42" West a distance ol'22.49 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southeast a distance of 11.86 feel, whose
Radius isl7.50 feet, whose IDcita is 38°49'40", and whose Long Chord bears South 80039'28" West a
distance of 11.63 Net to a PC of a non -tangent curve;
THENCE along the Arc of a curve which is concave to the South a distance of 42.44 feet, whose
Radius is 22.00 feel, whose Delta is 1 1091'30", and whose Long Chord bears South 83°40' 13" 'Nest a
distano: of 36.16 feel to a PC of a non -tangent curve;
THENCE along the Arc of a curve which is concave to the South a distance of 34.98 feet, whose
Radius is 38.00 feet, whose Delta is 52°44'48", and whose Long Chord bears North 85°47'24" West a
distano: of 33.76 feet to a Point of Reverse Curve (PRC);
THENCE along the Are of a curve which is concave to the North a distance of 34.10 feet, whose
Radius is 35.60 feet, whose Delta is 54°53' 14", and whose Long Chord bears North 85°09'25" West a
distano: of 32.81 feet to the PT;
THENCE North 5'7'52' 14" West it distance of 2.50 feet to a PC;
THENCE along the Arc of a curve which is concave to the Southeast a distance of 60.89 feet, whose
Radius is 42.00 feet, whose Delta is 83°03'48", and whose Long Chord bears South 80'35'52" West a
distano; of 55.69 feet to the PT;
THENCE South 29°23' 10" West a distance of 4.30 feet;
THENCE South 65° 16'24" West a distance of 9.97 feet;
THENCE North 69°43'36" West a distance of 19.36 feet;
THENCE South 08°36'56"West a distance of 104.77 feet;
THENCE South 19'50'32" West a distance of 308.03 feet;
THENCE along the Are of a curve which is concave to the Southwest a distance of 21.74 feet, whose
Radius is 150.00 feet, whose Delta is 8° 18' 14", and whose Long Chord bears North 82°43'04" West a
distano: of 21.72 f_et to the PT;
THENCE North 86'52' 1 1" West a distance of 9.19 feet
THENCE North 19°50'32" East a distance of 157.16 feet to the South line of the N1:1/4 of said Section
23 and the TRUE POINT OP BEGINNING.
Said described parcel of land contains 1.199 Acres, more or less (f) and is subject to any rights -of -way or
other easements as granted or reserved by instruments of record or as now existing on said described
parcel of land.
SURVEYOR'S CERTIFICATE
1, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was pteparcd undo' my personal supervision and checking, and that it is true and correct to
the best: of my knowledge, information, belief, and in my professional opinion.
,� Part of the East Half
\ Droinpge .Easement (#2) I } XI�II3I P� sec. 23, nN., R.69W.
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE COLORADO STATE BOARD OF AGRICULTURE,
ACTING BY AND THROUGH COLORADO STATE UNIVERSITY
AND THE CITY OF FORT COLLINS
THIS INTERGOVERNMENTAL AGREEMENT is entered into by and between the
COLORADO STATE BOARD OF AGRICULTURE, acting by and through Colorado State University (the
"University") and THE CITY OF FORT COLLINS, COLORADO (the "City").
RECITALS
A. The University owns that certain real property in the City of Fort Collins, Latimer
County, Colorado. more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference, which property shall hereinafter be referred to as the "University Property."
B. The University Property was annexed into the City on or about August 26, 1965
pursuant to an annexation known as the "Fourth College Addition" to the City of Fort Collins. The
annexation ordinance for the Fourth College Addition contained a description of lands owned by the
State Board of Agriculture and exempted those lands owned by the State Board of Agriculture from
City regulations regarding, among other things, the application of any municipal zoning/land use
regulation so long as title to such land remains in the State Board of Agriculture.
C. The United States government (the "Government") wishes to utilize the University
Property described on Exhibit "A" for the development of an office and research and development
complex to be known as the "Natural Resources Research Center" (referred to below as the
"NRRC"). The Government anticipates accomplishing such development in stages by leasing
portions of the NRRC site to one or more private developers for the financing, construction and
lease -back of the facilities that will comprise the NRRC.
D. The development of the NRRC will consolidate the activities of multiple federal
agencies engaged in natural resource research and development in the City of Fort Collins, thereby
ensuring the continuation ofthis vital employment base within the City and allowing for its expansion.
Further, such development will ensure the continuation and growth ofimportant cooperative activities
between the Government and the University which further the natural resource teaching and research
programs. Finally, the NRRC is a prime example of the type of project contemplated by the
University and the City for development of the adjacent "Centre for Advanced Technology."
E. Although all of the University Property was originally exempt from City land use
regulations, pursuant to the annexation ordinance for the Fourth College Addition, a portion of the
property became subject to the City's land use regulations when title passed from the University to
others. Recently, the University has regained title to the entire parcel described on Exhibit "A", and
it is the University's position that, because title to the entire parcel as described on Exhibit "A" is now
held in University ownership, said property is not subject to any of the land use regulations of the
J �:�rOLLt�i
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EXHIBIT C
1'I+lll'U_IcIA UI?SC_RI J IQ
I )minagc Iascmcnt (Ill )
A parcel of land hcing pall of the Nutlhcast 01tarler (Nlilhl) ol'Scclion'1'wenty-duce (23),'fownship
Swell iJulth ('1 .7N.), Range Silly-niuc WCst (R.09W.) of the Sixth Principal Mcridiou (Gill 11. Nl.). ('ily of
Purl Collins, (:ounly of [,III'IIIICI, Slate Of (:uloradu for draillili C CascmCn( purposes, more particul my
described as 1011uV's:
BEGINNING of the Ccnler Quit reI Corner of said Section 23 an(I assuming the South Iilie o('said NF'1/4
its hearing South 8 P21'03" fast it (Iis(auce of 2656.18 feet with all other hearings contained lie rci I
relative thereto:
THENCE South 89'21'03" Lest along said South line a distance of 294.89 Feet to the Westerly line of
it
parcel cf land described as CSURF Parcel A in it buuudary Survey recorded its Reception No. 98054418
of the Records of Lminlel Coun(y;
The ncN t I hree (3) courses arc along (he Westerly and Northerly lines of said CSURP 1'srccl A:
TI IP.NCI Nurlh 42"50'32" fast it distance of 429.54 Icet to it point of loll-taugeut curve concave to the
Not ill;
Thencc Nurthcas(crly It distance of 107.97 feet along the arc of said curve, said curve having a lac ins Of
125.00 feel, a cenlml angle of 76'59'23" and being Subtended by a chord bearing North 84'09'44" Last it
distance of 155.61 feel to a nun-tangeul line;
TI IGNCG South 7, °50'S4" Gast along said non-lungcn( line it distance of 53.69 feet to the TRUE
110IN'1 OF BEGINNING:
I'l IENCL North 8 '37'38" West a distance of 17.56 lecl;
'I'I11M F' Suulh 06"22'22" West it distance o1 23.46 leel;
1'lIFNC1i South 8"37'38" Mast it dimaucc ul 51.25 feel;
I I IENCF Not 0(-'22'22" Gas( it distance of 20.54 Feet to the Northerly line of said CSURP P!l1Lcl A
and a point of nun -tangent curve concave to the Norlh;
THI'MI: Northwesterly a distance of 15.97 Icet along the arc of said curve, said curve having it radius of
262.50 'ccl, M central angle of 3'29'08" and being subtended by a chord bearing North 79"35'28 `,Pest ;t
distance of 15.97 feel to a point of t:utgency;
THENC ; Norlh 71°50'54" Wes( a distance of 17.85 feet to [lie TRUE PO1N'1' Oh BEGINNING.
Said clescribcd parcel inland conlains 0.429 Acres, more or less ( I ) and is subject to ally rights-ol'-way or
other easements as granted or reserved by instruments of "^curd or as now existing on said dCSCI II cd
parcel of land.
SURVEYOR'S CERTIFICATE
I, Charts 13, .loncs, a Culorndo Regislcred Professional Land Surveyor do hereby stale that this Ploperty
Des.:ripliuu was prepared under My personal supervision and checking, and that it is 1rlIC Mud correct to
the best of my knowledge, informaliun, belief, and in my pruflessional opinion.
C
Charles
C'olor;ub
Land SU.
Droinoge'Easement (#1)
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EXHIBIT D
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Part of the Northeast Quarter
Sec. 23, T.7N., R.69W.
Exhibit E
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City, including, but not limited to, any ordinances, codes, licensing or permit requirements, or
development fees (collectively referred to below as "City Land Use Regulations"). The University
further acknowledges that the City may not agree with its position regarding the application of the
City's Land Use Regulations to the University Property.
F. The University does not, by reason of its ownership of the University Property and
its resulting claim ofexemption, wish to absolutely exempt the Government or the private developers
of the University Property from compliance with City Land Use Regulations, but seeks to work
cooperatively with the City to establish an administrative (staff) review process and to ensure
compliance with such City Land Use Regulations in the development of the NRRC site. However,
it is critical to the University that any submission of the University Property to thejurisdiction of the
City and the City Land Use Regulations for the sole and limited purpose of the development of the
NRRC on the NRRC site not be construed as acquiescence to the application of City Land Use
Regulations to any other University property or to the University Property for any purpose other than
the development of the NRRC.
G. In recognition of the mutual benefits that will inure to the University and the City as
a result of the development of the NRRC, the University and the City desire to cooperate in
facilitating such development in a manner that does not prejudice the position of either party with
respect to the larger issue ofjurisdiction over land use activities of the University.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
I . Even though the University takes the position that the University Property is exempt
from the City's Land Use Regulations pursuant, among other things, to the ordinance by which the
Fourth College Addition was annexed into the City, the University and the City agree that the
development of the University Property for the NRRC site shall be submitted to and reviewed by the
City as follows:
a. The University will submit to the City, for review, comment and
recommendation by the City's administrative staff only, a development plan proposal
for each phase of the NRRC (the "Development Plan"), to be developed upon the
University Property, which proposal will be reviewed by the City's administrative staff
through an expedited process with a goal of accomplishing the total review process
within approximately six (6) weeks from the date that the University submits its full
and complete proposal. Furthermore, the City and the University agree that each
Development Plan to be submitted by the University will be for a "planned unit
development" to be reviewed generally in accordance with the City's "Transitional
Land Use Regulations" and, more particularly, in accordance with the regulations
commonly known as the "Land Development Guidance System" (and all of its related
utility, engineering, transportation and other standards); provided, however, that the
P1
9
review of said proposal shall be performed by the City's administrative staff and not
by the Planning and Zoning Board of the City and all procedures for review shall be
governed by this Intergovernmental Agreement and not the City's Land Use
Regulations. In addition, in recognition of the University's position that it is
voluntarily submitting to the City's review process under this Intergovernmental
Agreement, and is not, except by reason of this Intergovernmental Agreement, legally
bound to comply with the City's Land Use Regulations, the parties agree that no
person (including the University) shall have a right to appeal the administrative
comments and recommendations made by the City staff, either to the Planning and
Zoning Board or Council of the City. All such administrative
comments/recommendations shall be fully considered by the University, and, to the
extent reasonably feasible (as that term is defined in the City's Land Use Code) shall
be followed! and complied with. Any and all hearings held by the administrative staff
of the City when considering each Development Plan shall be open to the public and
notice of any such hearings shall be posted at the location prescribed by the Code of
the City. Furthermore, notice of any such hearings shall be mailed to all persons
residing upon or owning property located within one thousand (1,000) feet of the
boundary of the University Property. The University further agrees to conduct a
meeting with the West Central Neighborhoods Planning Advisory Committee and the
Prospect Shields Neighborhood Association to present and discuss the NRRC
development plans, and the application which the University intends to present to the
City for administrative approval. Although the University is the sole owner of the
University Property, the Property will be developed in cooperation with one or more
private developers, and each Development Plan to be submitted to the City may be
submitted in cooperation with any such private developer that is selected by the
General Services Administration of the United States Government to develop any
phase of the NRRC on the University Property.
b. Each Development Plan shall contain the following language:
"NOTE: This Development Plan is intended to govern the
development of a phase of the Natural Resource Research Center
(NRRC) to be leased to the federal government. The area to be
developed is owned by the State Board of Agriculture acting by and
through Colorado State University. Since it is not the intent of
Colorado State University to exempt the developer of the NRRC from
the regulations and fees of the City of Fort Collins, it is submitting this
land to thejurisdiction of the City for the purposes ofthe development
of the NRRC. If the NRRC is not fully developed on the property,
this Development Plan shall not be binding upon Colorado State
University in the development of any portion of its property for
University educational or research purposes.
3
01
This note reflects the position and intent of the University that its inclusion of the University
Property in the NRRC site and submission of such property to the jurisdiction of the City is for the
sole and limited purpose of facilitating the development of the NRRC on the NRRC site and is not
to be construed as acquiescence to the application of City Land Use Regulations to any other
University property or to the University Property for any purpose other than development of the
NRRC.
2. The University agrees that the development of the NRRC site on the University
Property shall be fially subject to all applicable development fees of the City, which fees shall be
determined by the City and paid prior to commencement of any construction on the University
Property. The City shall have the right to seek and obtain injunctive relief against such construction
pending full payment of said fees. The City agrees, however, that as the City will not review
construction plans for any phase of the NRRC for building code compliance, will not inspect such
construction for building code compliance and will not issue building permits or certificates of
occupancy with respect thereto, the City will not require payment of those fees normally charged to
defray the cost of such construction plan review, construction inspection and issuance of permits.
3. The City acknowledges and agrees, with respect to each phase of the NRRC, that
provided (i) the University (or University in cooperation with a private developer selected by the
General Services Administration to develop such phase of the NRRC) submits a Development Plan
for such phase for review, comment and recommendation pursuant to Section I (a) above; (ii) after
completion of any hearings, meetings and review undertaken pursuant to Section I(a) above, the
administrative staff of the City delivers to the University a staff report and a "mark-up" of the
submitted Development Plan with any comments or recommendations of such administrative staff,
and (iii) all development fees applicable to such phase are paid pursuant to Section 2 above, then
neither the construction of such phase of the NRRC on the applicable portion of the NRRC site, nor
the occupancy thereof for office, research or ancillary purposes consistent with such Development
Plan, will be subject to compliance with any City Land Use Regulations, including, without limitation,
planning, zoning or building codes, ordinances or regulations of the City.
4. The City and the University agree that neither the University's inclusion of the
University Property in the NRRC site, nor its submission of any Development Plan, nor the City's
approval thereof, nor the execution of this Intergovernmental Agreement shall be construed as
acquiescence by the University to the application of City Land Use Regulations to the University
Property for any purpose other than the development of the NRRC, including but not limited to, the
use of the University Property by the University for its own purposes, or to any other University
property.
5. It is the intent of the parties that neither the existence of any Development Plan nor
the execution of this Intergovernmental Agreement shall prejudice either one of them or be used as
evidence with respect to any future use of the University Property for any purpose other than
development of the NRRC or with respect to any use of any other University property.
6. The representatives of the University and the City signing this Intergovernmental
Agreement hereby represent to each other that they have the authority to enter into this
Intergovernmental Agreement and have obtained any and all approvals necessary to do so.
IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement as
of the dates set forth opposite their signature below.
Date: -2- t � - W
M
TO FORM:
rian A. Snow
General Counsel
Z,
COLORADO STATE BOARD OF AGRICULTURE BY AND
THROUGH COLORADO STATE UNIVERSITY
Name Title
Judson M. Harper
Vice President for Research & Information
Technology
CITY OF FORT COLLINS, A COLORADO MUNICIPAL
CORPOUDate: �122/jst By:
John F. ischbach, City Manager
AT'i EST:
By
Wanda Krajicek, Cit Cl
APPROVED AS TO FORM:
By l�Y`
W. Paul Eckman,
Deputy City Attorney
5
0
Exhibit "A"
Legal Description of the University Property
A tract of land located in Section 23, Township 7 North, Range 69 West of the 6th Principal
Meridian, City of Fort Collins, County of Latmer, State of Colorado, being more particularly
described as follows:
Considering the South line of the Northeast Quarter of said Section 23 as bearing South
89°21'03" East and with all bearings contained herein relative thereto:
Commencing at the Center Quarter comer of said Section 23; thence along said South line of the
Northeast Quarter, South 89°21'03" East, 294.89 feet to a point on the southeasterly line of a
proposed 15 foot wide utility easement, said point also being the POINT OF BEGINNING;
thence along said. southeasterly line, North 42050132" East, 429.54 feet to a point on a non -
tangent curve concave to the north having a central angle of 76°59'22", a radius of 125.00 feet
and the chord of which bears North 84°09'44" East, 155.61 feet; thence along the are of said
curve 167.97 feet to a point on the South line of the OPEN SPACE/PEDESTRIAN-BICYCLE
TRAIL recorded in BOOK 2108, PAGE 1021, Latimer County records and also being a point on
a non -tangent line; thence along said non -tangent line and along said South line the following
twelve (12) courses and distances: South 77°50'54" East, 71.54 feet to a point on a curve
concave to the north having a central angle of 24°40'45", a radius of 262.50 feet and the chord of
which bears North 89°48'44" East, 112,20 feet; thence along the arc of said curve 113.07 feet;
thence, North 77°28'21" East, 223.36 feet to a point on a curve concave to the south having a
central angle of 40°08'05", a radius of 62.50 feet and the chord of which bears South 82°27'36"
East, 42.89 feet; thence along the arc of said curve 43.78 feet; thence, South 62°23'34" East,
115.96 feet to a point on a curve concave to the North having a central angle of 34*01'50", a
radius of 262.50 feet and the chord of which bears South 79°24'29" East, 153.63 feet; thence
along the arc of said curve 155.91 feet; thence, North 83°34'36" East, 29.54 feet to a point on a
curve concave to the North having a central angle of 21°37'19", a radius of 372.50 feet and the
chord of which bears North 72°45'57" East, 139.74 feet; thence along the arc of said curve
1�40.57 feet to a point on a curve concave to the Northwest having a central angle of 14° 19'03", a
jradius of 672.50 feet and the chord of which bears North 54147'46" East, 167.61 feet; thence
31ang the arc of said curve 168.05 feet; thence, North 47°38' 14" East, 45.50 feet to a point on a
6urve concave to the south having a central angle of 44°20'04", a radius of 47.50 feet and the
chord of which bears North 69°48' 16" East, 35.84 feet; thence along the are of said curve 36.75
eet; thence, South 88°01'42" East, 80.22 feet to a point on the West right-of-way line of
urlington Northern Railroad; thence along said West right-of-way line, South 06°27'32" West,
478.99 feet to a point on the South line of said Northeast Quarter of Section 23, said point also
being on a non -tangent curve concave to the east having a central angle of 04126'58", a radius of
4920.82 feet and the chord of which bears South 04016'49" West, 382.03 feet; thence continuing
long said West right-of-way line and the arc of said non -tangent curve 382.13 feet to a point on
t non -tangent line;, thence along said non -tangent line, South 85°19'36" West, 1181.72 feet to the
r enterline of LARIMER NO. 2 CANAL; thence, South 85°19'36" West, 630.46 feet to a point
rosr� a�n7ro� o�o� iva
A-1
on the West line of the Northeast Quarter of Section 23; thence South 85*19'36" West, 84.59 feet
to a point on a curve concave to the north having a central angle of 20°45'28", a radius of 100.00
feet and the chord of which bears North 84°17'40" West, 36.03 feet; thence along the arc of said
curve 36.23 feet; thence, North 73°54'56" West, 11.29 feet to a point on the southeasterly line of
a proposed 15 foot wide easement and on a non -tangent curve concave to the southeast having a
central angle of 26°45'28", a radius of 531.00 feet and the chord of which bears North 29°27'48"
East, 245.74 feet; thence along said southeasterly line and the are of said curve 247.98 feet;
thence continuing; along said southeasterly line, North 42°50'32" East, 453.16 feet to the Point of
Beginning.
` IIIiI III IIIIII7'IIIINIIIIIIIIIIIIIIIIIII LARIMERDOYLE
COUNTYLCOK
APT"# 2004-0070347 16:51:004
PAGES - 14 FEE $71.00 DOC $0.00 #356987
Storm Water Drainage Agreement
This Agreement (Agreement) is entered into this �o day of , 2004, by and
between the Board of Governors of the Colorado State University Syste for the use and benefit
of Colorado State University (the "Board") and the City of Fort Collins, a Colorado Municipal
Corporation ("City").
Whereas, the Board is nearing completion of development of a portion of its Colorado
State University South Campus property into the Natural Resources Research Center ("NRRC");
and
Whereas, in connection with the NRRC development, the storm water drainage plan has
been modified; and
Whereas, in exchange for the Board's agreement to preserve and maintain certain storm
drainage improvements at the NRRC, the City has agreed to vacate an existing storm drainage
easement that encumbers the NRRC property.
Now therefore, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree to the following terms:
Preservation of Swale and Pond. The Board agrees to preserve and maintain
the storm water Swale and pond improvements (the "Swale and Pond
Improvements") that have been constructed on the portion of the Board's
NRRC property that is legally described in Exhibit A and generally shown in
Exhibit B attached hereto and incorporated herein by this reference (the
"Swale and Pond Area"). The Swale and Pond Area are also referred to as
Drainage #2 on Exhibit E attached hereto and by this reference made a part
hereof.
2. No Improvements. The Board agrees not to place structures or improvements
in or on, or make any modifications to, the Swale and Pond Area, which would
negatively impact the flow or capacity of Swale and Pond Improvements.
Flume. As a part of the new storm water drainage plan at NRRC, the Board
has constructed a flume, in the location legally described in Exhibit C and
generally shown in Exhibit D attached hereto and incorporated herein by this
reference (the "Flume'). The Board agrees to maintain the Flume at its cost.
The Flume is also referred to as Drainage #1 on Exhibit E.
Reservation of Right by Board. The Board reserves the right, at the Board's
cost, to relocate the Swale and Pond improvements to a new Swale and Pond
Area or to relocate the Flume so long as such relocation does not adversely
JReturn to:
Glen Schlueter
SErmwater Utility
City of Fort Collins
P.O. Box 580
Ft. Collins, CO 80522