HomeMy WebLinkAboutFEENEY - Filed OA-OTHER AGREEMENTS - 2003-10-24A G R E E M E N T
THIS AGREEMENT, made and entered into this 3rd day of
April, A.D. 1979, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter designated as
"City", and HORSETOOTH SECOND INVESTMENT COMPANY, a Limited
Partnership, hereinafter designated as "Subdivider",
WITNESSETH:
WHEREAS, Subdivider is the owner of the property more
particularly described as follows:
Lots 1 through 6, inclusive, Feeney Subdivision,
Fort Collins, Colorado, (formerly lots 6 and 7
Observatory Heights, Fort Collins, Colorado),
and has subdivided or otherwise developed said lands: and
WHEREAS, in connection with said subdivision, it was necessary
that Subdivider install an Eight (8) and Twelve (12) inch sanitary
sewer main along the following locations:
and
South from Horsetooth Road along the east side of
College Avenue for 685 feet
WHEREAS, Sections 112-40 through 112-44 of the Code of the
City of Fort Collins set forth the policies of the City regarding
oversize mains and extension of mains through other lands; and
WHEREAS, said sewer main as installed, in addition to benefiting
the lands of Subdivider, will also benefit to some extent the
lands described herein; and
WHEREAS, a study has been made to determine the cost of the
installation of said sewer main, and the complete cost of said
sewer main as set forth in said study will be Twenty One Thousand
Five Hundred and One and no/100 Dollars ($21,501.00).
NOW THEREFORE, in consideration of the premises and the terms
of the within agreement, it is agreed as follows:
STATE OF COLORADO )
) as.
County of Larimer )
The above and foregoing agreement was acknowledged before
me this y.:,,day of March, 1979, by GLEN A. JOHNSOtd, as President,
and attested to by WILLIAM C. STOVER, as Secretary, of TIM LARIMER
COUNTY CANAL NO. 2 IRRIGATING COMPANY, a Colorado mutual irrigation
corporation.
Witness my hand and official seal.
My Commission Expires'
(SEAL)
Notary c
1. Subdivider will install said sewer main, and said main
will be installed in accordance with the requirements of the
City Engineer of the City of Fort Collins, and the installation
shall be subject to the approval of said City Engineer.
2. It is understood and agreed by the parties hereto that
the City shall not participate in the cost of installing said
main. It is understood and agreed that the main will benefit
the property described below as well as the property of Subdivider;
and in accordance with the provisions of Section 112-43 of the
Code of the City of Fort Collins, the City will attempt to assess
a charge against such other properties in order to reimburse
Subdivider for some of the cost of such main. Such assessment
of cost shall be required by the City before any part of the
property benefited by said sewer described herein shall be
served by said sewer. The charge to be assessed shall be a
percentage of the cost of the main borne by the Subdivider.
Such percentage and benefit in this case would be as follows:
Lot 1 Observatory Heights $2,942.00 13.7%
Lot 5 Observatory Heights $14,500.00 67.4%
Upon collection of such assessment, the City agrees to pay
the same over to the Subdivider; provided, however, that the duty
of the City to collect such assessments and pay the same over
to the Subdivider shall not extend for a period of more than
ten (10) years from the date of this agreement and provided
further that in the event the City is for any reason prevented
from collecting such assessments, then and in the event this
provision of this agreement shall be null and void and the City
shall have no obligation to reimburse the Subdivider for any
part of the cost of said main.
S.I
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed the day and year first hereinabove written.
ATTEST: �)
City Clerk
APPROVED AS TO FORM:
City Attorney
THE CITY OF FORT COLLINS, COLORADO
In
Thomas L. Feeney
General Partner
Horsetooth Second Investment Cc
A Limited Partnership
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1931 22 F.';
COUNTY
OF LAREMER
STATE
PROTECTIVE COVENANTS
FEENEY SUBDIVISION PLANNED UNIT DEVELOPMENT
HORSETOOTH SECOND INVESTMENT GROUP, LTD., a Colorado
Limited Partnership, record owner of Lots 3 and 4, FEENEY
SUBDIVISION Planned Unit Development, City of Fort Collins,
County of Larimer, State of Colorado, hereinafter called
Lots 3 and 4, do hereby make the following declarations as
limitations, restrictions and uses to which the said tracts
may be put, and hereby specify that these declarations shall
constitute covenants to run with all of the above described
lar.3, provided by law, and shall be binding on all parties
and all persons claiming under them, and for the benefit of
and limitations on all future owners of all or part of said
tracts, this declaration being signed for the purpose of
guaranteeing that said tracts will be landscaped initially
and kept in desirable condition in the future as herein
specified.
These landscape improvements as described in the landscape
plot plans submitted to the City of Fort Collins and on
record therewith shall be made and installed in the manner
as described in said plan unless amended pursuant to the approval
of the City of Fort Collins. Upon completion of construction
of the building(s) upon Lots 3 and 4, the owners thereof
shall cause the open space on the lot(s) upon which the
building(s) have been constructed to be suitably planted
with grass, trees and decorative shrubs pursuant to the
provisions of said landscape plot plans excepting, however,
lands necessary for construction. It is further understood
and agreed that the present owners, or subsequent owner(s)
or their assigns or successors in interest shall be responsible
8�2117 PGO982
for the maintenance and care (including necessary replacement
of dead trees or shrubs) of all "planted and landscaped"
areas within said Lots 3 and 4 of the development. Should
the present owners or subsequent owner(s) fail in any respect
to comply with the terms of this agreement, the City of Fort
Collins upon notifying said owner(s) in writing of the
matters in regards to which default is asserted and should
the owner(s) fail to cure said default within thirty (30)
days after receipt of such notice or to commence within
twenty (20) days to rectify such default and continue thereafter
to use due diligence to rectify such default until it is
fully rectified or cured, then the City of Fort Collins
shall have the right to enter upon said property and perform
the work necessary to replace said improvements or maintain
same and the owner(s) of the property in question shall pay
or cause to be paid to the City of Fort Collins such reasonable
sums necessary to reimburse said City of Fort Collins for
the labor and material expended to complete or maintain said
improvements which payment shall be made within ten (10)
days after receipt of billing. If said billing is not paid,
then the said City of Fort Collins, pursuant to the authority
granted by these covenants shall have a lien on all property
and improvements thereto within the particular lot on which
said work was performed, said lien to be exercisable by
filing a notice of said lien against said property and
improvements thereon. The City of Fort Collins shall be
entitled to all rights of foreclosure or other remedies
existing pursuant to Colorado law for enforcement of liens
against real property and may also at its discretion without
waiving any other rights it may have pursuant to law, proceed
directly with legal action against the present owners, their
assigns or successors in interest to collect payment of the
reasonable amounts so expended pursuant to the terms hereof.
These Protective Covenants are being filed concurrently with
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BK2.I,IT PG0983
the filing of the Plat of Riverside Commercial Planned Unit
Development.
DATED at Fort Collins, Colorado this jr day of May,
1981.
HORSETOOTH SECOND INVESTMENT
GROUP, LTD.
General Partner
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me
this 15th day of May, 1981 by RONALD P. SCHOONOVER as General
.gArtner of Horsetooth Second Investment Group, Ltd., a Colorado
L.ti<ed Partnership.
tpitness my hand and official seal.
y
,y commission expires !%
„f.� Notary Public
AGREEMENT
THIS AGREEMENT is made and entered into this;'1"' day of
March, 1979, by and between
HORSETOOTH II INVESTMEWT GROUP,
a Colorado partnership,
hereinafter referred to as "applicant", and
THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
hereinafter referred to as "ditch company";
PROJECT:
Construction of an eight (8") inch sanitary sewer line
located in the South College Avenue right-of-way and parts of
Lots 1 and 5 of Observatory Heights Subdivision south of Fort
Collins, Larimer County, Colorado.
WITNESSETHs
WHEREAS, the ditch company is the owner of an irrigation
ditch and the right-of-way therefor through Lots 1 and 5 of
Observatory Heights Subdivision and a part of the South College
Avenue right-of-ways and
WHEREAS, applicant desires to construct an eight (8") inch
sani.t,nry sewer line at the point designated in Exhibit "A", here-
inafter referred to; and
T,nMREAS, attached hereto is Exhibit "A", consisting of one
(1) sheet, showing the location and plans and specifications for
the construction of said sanitary sewer line as the some crosses
the ditch of ditch companyl and
VnIFREAS, said Exhibit "A" sets forth all of the plans and
specifications, anti the terms of this grant shall be in no way
modified or changed by any subsequent or related glans or materials
not included thereini and
WHEREAS, the ditch company is willing to grant to applicant
this right upon the terms and conditions hereinafter expressed;
NOW, THEREFORE, in consideration of the premises and the
terms of the within agreement, it is agreed as follows:
1. The ditch company grants unto applicant the right to
construct and maintain its above -described sanitary sewer line
as shown on Exhibit "A" under the existing ditch of the ditch
company, and further grants unto the applicant the right for
ingress and egress to a part of its ditch and ditch right-of-way
as shall be reasonable and necessary for the exercise of the
rights granted herein.
2. Applicant will, upon the completion of the project,
furnish to ditch company an "as built" exhibit further supplementing
in final form the work described in Exhibit "A".
3. Applicant shall pay to ditch company a permit fee in
the amount of Three Hundred and No/100 ($300.00) Dollars for
the grant of this right-of-way. This shall be determined a
minimum initial payment to cover preliminary expenses, such as
legal work, time and car use of superintendent and/or directors;
review of the application; and other preliminary matters. In
addition thereto, applicant agrees to pay such additional reasonable
and necessary expenses of the ditch company for legal services and
inspection of the works by the ditch company's President, engineers
and/or superintendent.
4. The construction herein contemplated shall be in strict
accordance with the final set of plans with modifications set
forth in Exhibit "A". Any excavations or changes in the present
ditch shall be backfilled, compacted and stabilized to the entire
satisfaction of the ditch company. All compaction for dikes
shall be done at ninety-five (95%) percent Proctor density.
The dikes shall be in conformance with the plans for construction
of the sanitary sewer line. Said work shall further be done under
the supervision of the superintendent or other designated agents
of the ditch company.
5. All construction shall be commenced and completed
prior to April 15, 19791 and applicant agrees said construction
shall in no way interupt, or impede the flow of water.
6. Upon the completion of the project, the applicant shall
promptly notify the ditch company, and the parties shall jointly
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inspect the ditch at the place of construction. If there are any
deficiencies in the work of the applicant or any variations from
the plans set forth in Exhibit "A", the applicant shall forthwith
remedy the same and in so doing, the applicant shall meet all
reasonable requirements of the ditch company for the protection
of its ditch and surrounding property.
7. The project shall be without cost to the ditch company,
and the applicant hereby indemnifies and forever holds the ditch
company harmless from liability for damage caused by the project.
8. The ditch company shall have full power to operate,
maintain, alter, enlarge or relocate its ditch as if this agreement
had not been made and any expenses caused thereby to the applicant
shall not be chargeable to the ditch company.
THIS AGREEMENT shall extend to and be binding upon the
successors and assigns of the respective parties hereto.
IId WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed the day and year first above written.
(SEAL)
ATTEST: T
W1111am C. taver, Secretary
STATE OF COLORADO )
) as.
County of Larimer )
HORSETOOTH II INVESTMENT GROUP,
a Coloradd Partnership,
B .:.
TT 0mas L. Feeneyo7 Ueneral- artner
THE LARIMER. COUNTY CANAL NO. 2
IRRIGATING COMPANY,
a Colorado mutual irrigation corporation,
a
BY:
eG�n A,- JoAnhon, Pr—ps7l ent
The above and foregoing agreement was acknowledged before
me this day of March, 1979 by THOMAS L. FEENLY, as general
partner n�YiORSRTOOTH II INVESTMENT GROUP, a Colorado partnership.
Witness my hand and official anal.
My Commission Expires:
(SEAL)
Notary ic'-.M- `>
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