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Home My WebLink AboutHUNTINGTON HILLS PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-12-02EXHIBIT "C" MITIGATION AGREEMENT THIS AGREEMENT is made and entered into this '1 day of \� September, 1992, by and between the CITY OF FORT COLLINS, Colorado, a Municipal Corporation, hereinafter referred to as "the City"; and HUNTINGTON HILLS CORPORATION, a Colorado corporation, hereinafter referred to as "the Developer"; and 327006 ALBERTA, LTD., a Canadian Corporation, hereinafter referred to as "the Owner". WITNESSETH: RECITALS. WHEREAS, the Developer and Owner have concurrently executed a Development Agreement dated U c'kd0�1992, with the City pertaining to certain real property situated in the County of: Larimer, State of Colorado, known as Huntington Hills Filing 2, being a portion of the estates at Huntington Hills Filing 1, a Planned Unit Development, situated in the northwest 1/4 of Section 12, Township 6 North, Range 69 West of the 6th P.M., Fort Collins, Larimer County, Colorado ("the Site"); and WHEREAS, Article II, Section F of said Development Agreement provides that Developer has certain wetland mitigation obligations more particularly set forth therein ("the Mitigation Provision"); WHEREAS, the City, Developer and the Owner desire to provide for off -site mitigation on the balance of the Huntington Hills project, if requested by the City, said off -site parcel being more particularly described on Exhibit 1 attached hereto. NOW, THEREFORE, the parties agree as follows: 1. In the event that the Developer cannot accomplish the wetland mitigation as set forth in the Mitigation Provision with respect to the wetlands actually disturbed on the Site, then the Developer and Owner agree that they shall be obligated to fulfill the balance of the mitigation measures off -site, on the parcel more particularly described on Exhibit 1 attached hereto. 2. At such time as the Developer is able to accomplish the required mitigation on site or at such time as the Developer has completed the off -site mitigation on that parcel described on Exhibit 1 as required by the terms of the Mitigation Provision, and the mitigation has been inspected and accepted by the City, and the mitigation having been properly completed, the parties agree to execute an acknowledgement of the Developer's completion of such obligations and execute a release of this Agreement so it no longer appears as a cloud on the title of the property described in Exhibit 1. The parties agree! that the mitigation improvements shall not be deemed to be properly completed until a period of two years has elapsed and the vegetation and hydrological regime are fully established. The City's approval shall not be unreasonably withheld after the two year period has elapsed, provided that the vegetation and hydrological regime have been fully established after such two year period. 3. A copy of this Agreement is intended to be an integrated part of the Development Agreement and will be attached thereto as Exhibit C. IN WITNESS WHEREOF, the parties have placed their hands a .� aPalc the day and vear first written above. CITY OF FORT COLLINS, a Municipal 327006 ALBERTA, LTD., a Canadian Corporation By; �% :tr;' i J Title: HUNTINGTON HILLS CORPORATION, a Colorado Corporation Titl : ,Presid nt APPROV AS TO FORM: Deputy City Attorney ATTEST: EXHIBIT 1 PARCEL is A tract of :Land situated in Section 12, Township 6 North, Range 69 Was' - of the 6th P.M., and Section 71 Township 6 North, Range 68 West of the 6th P.M., being more particularly described as follows: Considering the North line of the HWI/4 of said Section 12 as bearing South .89 degrees O6 minutes 33 seconds East and with all bearings contained herein relative thereto: BEGItINING at the North Quarter Corner of said Section 12, proceed thence South 89 degrees 09 minutes 25 seconds East, 2683.95 feet along the North line of the HE1/4 of said Section 12 to Northeast Corner of said Section 12; thence South 00 degreeso2 minutes 19 seconds West, 1]60.70 feet along the East line of the NE1/4 of said Section 12; thence leaving said East line of the HEl/4 of said Section 12, South 89 degrees 57 minutes 41 seconds East, 30.00 feet, - thence South 26 degrees 22 'minutes 41 seconds East, 570.20 feet; thence South 09 degrees 35minutes 47 seconds West, 216.64-feet; _ thence South 23 degrees oe minutes 19 seconds West, 554.90 feet;. thence north 89 degrees 57:minutes 41 seconds West, 30.0o feet to the existing East Quarter Corner of: said Section 12; thence South 00 degrees 03 minutes 37 seconds West, 56B.09 feet; - thence North 89 degrees-56 minutes 23 seconds West, 530.00 feet; - thence South 00 degrees 03 minutes 37 seconds West, 65.58 feet; thence North 87 degrees 29 minutes 45 seconds West, 258.21feet; thence North 87 degrees-29 minutes 30 seconds West, 715.82 feet; - thence North 87 degree's.*47 minutes 30 seconds West, 750.07. feet;. thence North 60 degrees 08 minutes 29 seconds West, 509.70 feet; thence North 00 degrees 15minutes 13 seconds East, 343.38feet 'more or less to the Center Quarter Corner of said Section 12; thence North 89 degrees 40 minutes 22 seconds West, 2218.87 feet'more or less along the South line of the NW1/4 of said section 12 to the existing Southeast Corner of theXelmar Strip, Second Filina, a Subdivision on file in the office of the Larimer County clerk and Recorder, thence along the East line of said XelmarStrip, Second Filing, North 00 degrees 24 minutes 32 seconds West, 1332.30 feet to the existing Northeast Corner of said Kelmar Strip, Second Filing; thence South Be degrees57 minutes 22 seconds East, 1634.53 feet;. thence North 00 degrees 29 minutes 24 seconds East, 344,09 feet; thence North 64 degrees 37 minutes 06 seconds West, 239.99 feet; thence North 31 degrees 12 minutes 14 seconds West, 353.28 feet; thence North 18 degrees 52 minutes 04 seconds West, 298.33 feet;. thence North 10 degrees 23 minutes 28 seconds West, 295.53 feet;- thence South 89 degrees 06. minutes 33 seconds East, 1152.81feet more or less along the North line at the NW1/4 of said Section 12 to the North Quarter corner of said Section 12 and the TRUE POINT OF BEGINNING. county of Larimer, State of Colorado EXCEPT a County Road right of way over the East ]0 feet thereof, as now is used; - - - EXCEPT the land described in Book 2153 at Page 863; EXCEPT the land described in Book 2249 at Page 2006; - EXCEPT all of HUNTINGTON MEWS FIRST PHASE, now known as HUNTINGTON.HILLS P.U.D. FILING I, and EXCEPT all of HUNTINGTON HILLS, FILING TWO, being a portion of the ESTATES AT HUNTINGTON HILLS, FILING ONE, A P.U.D.