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HomeMy WebLinkAboutK BAR D - Filed OA-OTHER AGREEMENTS - 2003-12-08RESERVATION AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of January , 1979, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the City," and TOWN & COUNTRY MOTEL hereinafter referred to as "the Owner." WITNESSETH: WHEREAS, the Owner is the owner of property which is a part of the K Bar D Subdivision located within the City of Fort Collins; and WHEREAS, the K Bar D was subdivided as a Planned Unit Development; and WHEREAS, the Code of the City of Fort Collins provides that any amendment to an existing Planned Unit Development must be approved by the City; and WHEREAS, the Owner is currently requesting approval of an amendment to said Planned Unit Development; and WHEREAS, in conjunction with such approval, the City is requiring that the Owner reserve a ten (10) foot strip of land on the property adjacent to North College Avenue for the purpose of eventual widening of North College Avenue. NOW, THEREFORE, BY AND IN CONSIDERATION of the above premises and the within terms and conditions, the parties hereto agree as follows: 1. The Owner hereby reserves for the City of Fort Collins for a period of thirty (30) years from the date hereof the following described piece of property situate in the City of Fort Collins: A tract of land situate in the northeast one -quarter (NE 1/4) of Section Two (2), Township Seven (7) North, Range Sixty-nine West (R69W) of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, more particularly described as follows: Considering the east line of said NE 1/4 as bearing South with all bearings contained herein relative thereto. Commencing at the northeast corner of Section 2, thence, along the east line of the NE 1/4 of Section 2, South 766.52 feet; thence west 40.00 feet to the TRUE POINT OF BEGINNING; Thence, continuing along the said east line, South 219.00 feet; Thence, continuing along the said east line, West 10.00 feet; Thence, continuing along the said east line, North 219.00 feet; Thence, continuing along the said east line, East 10.00 feet; to the TRUE POINT OF BEGINNING. Said tract containing 0.0503 acres, more or less. Said property also being described as the East ten (10) feet of the K Bar D Subdivision, a plat of record in Larimer County, Colorado. 2. If at any time during said thirty (30) year period the City in its sole determination finds it necessary to widen North College Avenue, said ten (10) foot strip of property described above shall thereupon be deemed dedicated to the City of Fort Collins for such purpose. 3. If such ten (10) foot strip is not used after the thirty (30) year period herein provided, said property shall revert to the then owner of the adjoining land free of this reservation. This Agreement executed by the parties hereto the day and year first above written. STATE OF COLORADO M COUNTY OF LARIMER CITY..OF FORT COLLINS, COLORADO A,,Municipal Corporation y: — City Manager TOWN & COUNTRY MOTEL Owner This Agreement was acknowledged and sworn to before me a Notary Public this 2nd day of January 1979 by John E. Arnold , City Manager, and Verna Lewis City Clerk of the City of Fort Collins, Colorado, a Municipal Corporation; and Town & Country Motel Owner. Witness my hand and official seal. My commission expires: August 23, 1980 Notary Public