HomeMy WebLinkAboutLANDMARK SUBDIVISION PUD - Filed OA-OTHER AGREEMENTS - 2003-12-11AGREEMENT
This Agreement is made this card day of _A rif _ _, 1984,
by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation (City), M. ROLLE WALKER, an individual, and LANDMARK
APARTMENTS, LTD.. a Colorado Limited Partnership (Developer).
WITNESSETH:
WHEREAS, the Developer intends to develop that property known
as the Landmark P.U.D. in the City of Fort Collins, Colorado; and
WHEREAS, the Developer proposes to develop said property
utilizing funds of the Department Housinq and Urban Development
(H.U.D.); and
WHEREAS, H.U.D. has required of the Developer that it obtain
building permits from the City for all structures to be con-
structed upon the subject property in advance of and as a con-
dition of the Developer's receipt of a commitment from H.U.D. of
funds for the development; and
WHEREAS, the parties hereto desire, by this Agreement, to
expedite the issuance of said building permits while, at the same
time, protecting and insuring the City against potential breach by
the Developer of City development requirements which would other-
wise be controlled throuqh the issuance of said building permits.
NOW, THEREFORE, in consideration of the promises of the
parties and the terms and covenants of this Agreement and other
good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The City hereby agrees to issue all building permits to
the Developer for the Landmark Planned Unit Development in the
City of Fort Collins in accordance with the plans and plat on file
with the City at such time as requested to do so by the Developer,
notwithstanding that City requirements in connection with the
issuance of such building permits have not been met. The
Developer, at the time of issuance of such permits, shall not be
required to pay fees associated with building permits, but shall
be required to pay such fees within ten (10) days of the issuance
of the permits.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this, day of
`%��� by and between Wind Trail Development
Corporation -hereinafter referred to as "the Grantor" and M. Rolle
Walker, hereinafter referred to as "the Grantee".
WITNESSETH:
That, for and in consideration of the mutual promises and
covenants herein contained and the sum of $100.00 and other good
and valuable consideration, in hand paid by the Grantee to the
Grantor, the grantor has granted and conveyed, and by these
presents doers grant and convey unto the Grantee, its successors
and assigns, a non-exclusive permanent easement for the installation,
construction, maintenance, inspection, operation, replacement or
removal of an underground groundwater drainage system and
appurtenances thereto, in, over, across and upon land situate in
the County of Larimer, State of Colorado, described as follows,
to -wit:
DESCRIPTION OF A 7.00 FOOT WIDE PERMANENT UTILITY EASEMENT.
A tract of land located in the Northwest quarter of
Section 23, Township 7 North, Range 69 West, of the
6th P.M. of Larimer County, Colorado, being a
portion of the Plat of Wind Trail Condominiums as
recorded in Book 2112, Page 525, Records of said
County, more particularly described as follows:
Considering the West line of the Northwest quarter
of said Section 23 as bearing North 00°00100" East
and with all bearings contained herein relative
thereto:
Commencing at the Northwest corner of the said Plat
of Wind Trail Condominiums; thence along the North
line said Plat, South 89041100" East 883.70 feet to
the westerly line, of an 80.00 foot wide drainage
easement as shown on said Plat; thence South
10026'00" East 8.14 feet to the southerly line of
an 8.00 foot wide utility easement as shown on said
plat and the True Point of Beginning of this
description; thence along said southerly line,
North 89041100" West 235.59 feet; thence continuing
along said southerly line 17.35 feet along the arc
of a curve concave to the Northwest, having a
central angle of 03036154", a radius of 275.00
feet, the chord of said curve bears South 66031111"
West 17.35 feet; thence South 89041100" East 252.79
feet to the westerly line of said 80.00 foot wide
drainage easement; thence along said westerly line
North 10026100" West 7.13 feet to the True Point of
Beginning.
The above described tract contains 0.0392 acres or
1708 square feet and is subject to all easements
and rights -of -way now existing or of record.
Together with
DESCRIPTION OF A 10.00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT.
A tract of land located in the Northwest quarter of
Section 23, Township 7 North, Range 69 West, of the
6th P.M. of Larimer County, Colorado, being a
portion of the Plat of Wind Trail Condominiums as
recorded in Book 2112, Page 525, Records of said
County, more particularly described as follows:
Pane 1 of 4
Considering the West line of the Northwest quarter
of said Section 23 as bearing North 00000'00" East
and with all bearings contained herein relative
thereto:
Commencing at the Northwest corner of the said Plat
of Wind Trail Condominiums; thence along the North
line said Plat, South 89041'00" East 883.70 feet to
the westerly line of an 80.00 foot wide drainage
easement: as shown on said Plat; thence South
10026100" East 15.27 feet to the southerly line of
the afore described permanent easement and the True
Point of Beginning of this description; thence
along said southerly line, North 89041100" West
252.79 feet to the southerly line of said 8.00 foot
wide utility easement as shown on said plat of Wind
Trail Condominiums; thence along said southerly
line 8.00 foot wide utility easement, and 31.13
feet along the arc of a curve concave to the North,
having a central angle of 06029'11", a radius of
275.00 feet, the chord of said curve bears South
71034114" West 31.12 feet; thence South 89041'00"
East 280.47 feet to said westerly line of said
80.00 wide drainage easement; thence along said
westerly line, North 10026'00" East 10.16 feet to
the True Point of Beginning.
The above described tract contains 0.0610 acres or
2657 square feet and is subject to all easements
and rights -of -way now existing or of record.
(See attached sketch)
For and in consideration of the mutual promises and covenants
herein contained and by acceptance of the right-of-way, the
Grantee agrees as follows:
1. That: said permanent easement shall not exceed 7.00 feet
in width over and across the above described property, except
that the Grantor does hereby grant and convey unto the Grantee, a
temporary easement of an additional 10.00 feet over and across
the above described property for purposes of construction of an
underground groundwater drainage system. Said temporary easement
shall terminate no later than February 22, 1986.
2. All trenches and excavations made in the laying or
repairing of such underground underground groundwater drainage
system shall be properly backfilled and as much of the original
surface soils as possible shall be placed on top. All large
gravel, stones and clods will be removed from the finished
backfill. The Grantee will finish the backfill after normal
settling of the soil, so that the use and enjoyment of said land
by the Grantor shall be suitable for Grantor's intended purposes.
The Grantee shall not use the property in such a manner as to
prohibit the Grantor from utilizing the property for Grantor's
own interests. The Grantee shall maintain the trench area and
underground groundwater drainage system and be wholly responsible
for all damages, real and personal, which may be caused by the
installation, construction, maintenance, inspection, operation,
replacement or removal and use of said underground groundwater
drainage system.
Both parties hereto mutually agree that all underground
groundwater drainage system and appurtenances or other facilities
constructed or installed at the Grantee's expense upon property
owned by the Grantor shall remain the property of the Grantee and
shall be removable at the option of the Grantee upon termination
of the agreed service to or on said property, providing that such
removal shall not alter or increase storm water drainage upon the
Grantor's property.
Paae 2 of 4
t
The Grantor does hereby covenant and agree with the Grantee
that the Grantor is lawfully seized and possessed of the real
property above described, that the Grantor has a good and lawful
right to convey said property or any part thereof and that the
Grantor warrants the title thereto, subject to all existing
restrictions and encumberances affecting the property.
Whenever used herein the singular shall include the plural,
the plural small include the singular, and the use of any gender
shall be applicable to all genders. All of the covenants herein
contained shall be binding upon the respective heirs, personal
representatives, successors or assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Wind Trail Development Corporation
Jack E. Trigg, President _
Suite 1515 ��iti� r✓�/iC G�=uu<<rn,��i��.
Western Federal Savings Building
718 7th Street G r
Denver, Colorado 80202 U �— - s7(
"the Grantor"
Hit�p/�
M. Rolle Walker 1 ����
911 South 8th St.
Colorado Springs, Colorado 80906 �L.
"the Grantee"
STATE OF COLORADO)
ss:
COUNTY OF LARIMER) �/
The fo egoing instrument was a knowledg,ed before me this ,i ;"7ay
as Grantor.0
My Commission Expires October 25, 1985
My commission expires: &U W. Oak Fort Collins, 00 80521
Witness my hand and official se
" , of _Cy Publi
STATE OF COLORADO)
ss:
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this l day
of C I ll CL1 s 6,- 19 ]�L by la f-) f-, It, L C ; i
as Grantee.
My commission expires: - J`/ _ Y G
Witness my hand and official seal.
Notary Public
Paqe 3 of 4
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EXHIBIT "1"
State of*,Colo:ra3o
County of Lar;L•ner
�r:.L. Harris,one of the owners of the follo::i1. dc:cribed diUlh,
in eo:�!�liance :it': L:Fe requirenentS of ttic statute in Suah ease Fetldc
ar;: provided herei:y -%Lyes t';is statement and_al.Fi:n to the priority -a[
use Hof, seepa;e,wsste lout spriltZ water:: arisinf on the ::ort11ea?t
ti;_rLAr- of c'.ion V..-Cnt;-oiF" (:1),si:e theaSt carter of section
sir-L•-^n (IFS) `-..d t;:_- :iuuthl.cr.t. .!u3rt-=r of Section fifteen Ili) all in
Township _sove❑ _(7)-.2 omit Plan_;:�. di tY-'+inc ((39) fee -:t. for irritation of
lands .tnd for uo:nestic une, to he iorTied in a_nd- throu,':_t:ie
_iE.'.p•l;C _ ;lt^`t' ��u•^FiC7- o:lei--1'.lE 'C0.7h.w
Ditche :u,lbera-Trio and �lre?_�lnd_t:+c,'. , liarri:7 Dr.in_a;F`1-Irri•:utin_.
DALQlien, acoor:irt; 'to a map thereof on -file in the o1'1.i•rr of t!:c
Cier!: �',! Recorder of Lari:aer County anti file nab hCre!0
'Mc :,a^Fe of said Ditch i : •THF. CU;iSULIDI:TiFW T(r:O:AUGH
DITC!: h1L•Z is U;J: AeD 'PHE v.t.:iFa`i IRRIGATIUN
Th^ ;le.:d ;.ae of Said diL,a1 is locate;: at a point 210 f.. *et South
:: from Lhe i7ort.: e::t Qorncr of Seatiol: T2,3.7,N P. dJ :zest in the
County of i.arimicr and State of Colorado froze whence -said dltoh rand
in an Easterly Direation to a poi:lt gti6 feet sputh 250 1'olwest of.
the gi.erter corner of seetiorF .fiftee:. (15) and tl;enty t.,o P1jt`l�nec
in ,in Easterly direction to conneat %ri•th the F.Y. l2FlTYls- �rei;r�:d. `'
Irri•:2Ai:- litAeS at a point \.i,ere the Northwest corner of se^tion
27" t;e:•rS .7orthF 30East 1790 feet,Ulenae in an f�stcrl••direction
tbmur!t t!ic s:::id P.!:. Harris Drain and a. ?ho++a
on the Sap and statement filed in the offi^_e of the CI^rk a:•d c tordLr
of Lari•`:`�r :ou.:ay,a^d the .Sap ,;era to atte_ciFed.
r�
The. lent:th of said Con.:oliaateo ditches is about one and one
harf :^iles.
i^)e s,(id ditahez are two feet -•ide on the oottora and one and
five, tenth; feet i:, depth a run on a grade pf t,*enty (2u) feet `tb
tire' mile ivc--a- rarr."in� ^--pa?ity of six (0) aubi1 feet 01 'wYkt2r
per s>-?ond of ti.-:e.
:'1brY. c4 co'nnenaec or. ::.:ud :itah on the 1st day of Starah .D.
'ihe cxpre:.S. purpose •an�.' intcna of this statment ir, for the
purpo::e of i::arca::i :; the flo-,. of :.::ter in t!i iorLau,^ ;ce, c
llitah t:uai,er We,to it:.:ull Cdp;;.it)"cUL!,'l oree�_ :o he ic: t".
us,- a.(.i bcc.efit of the alai_lant nerein. iu_'.,•i::areaae of wii.cr
thr?., Cll::io feet or i:at^-r i)Cr ol tl-.e in ad2iticn to Shp lacuna
heretofore tuned into,run throu,;h and used frola said d'ta'i.
-------- -- -----------
State•of Colorado
: ss
County of Lariner
?ol li_1 U. Tenn'ey;bei:2- first :uly s orn,on -his oath da_ose::
a.:_ ,**:,: T::at :%e has read t,:e abcve and ?ora':oin stateTe::t a:il c::-
.t
eu^ined the map thereto aLtaahed,and that the :Rattars thersin set =.
for's:l "re trim of his own kao:rled;e.
/7
Sutiseribed a::,d sworn to befcr c !ae
this (ith d.y of '.larch I..L. 1343.
::(u eo;nnissioa expires ;iay 3th 1392.
{
Notary Public.
-�:.- � - I •= -�:�_.� -;tom. r v- . - � ,:�`
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RESOLUTION 81-133
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS RELATIVE TO THE PRELIMINARY
PLANS FOR THE LANDMARK PUD
WHEREAS, on July 27, 1981, the Fort Collins Planning and Zoning Board
approved (by a 5-2 vote) preliminary plans for the Landmark P.U.D.; and
WHEREAS, on August 4, 1981, a written petition was filed with the City
Clerk appealing the decision of the Planning and Zoning Board regarding the
Landmark P.U.D. to the Fort Collins City Council; and
WHEREAS, on Tuesday, September 1, 1981, the Fort Collins City Council
conducted a public hearing regarding the preliminary plans of the Landmark
P.U.D. at which time testimony was heard from both proponents and opponents
of said development; and
WHEREAS, the Council desires to make certain findings relative to said
development.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council does hereby find and determine that
the Landmark P.U.D. was eligible to be submitted to the Planning and Zoning
Board for consideration and approval pursuant to the Land Development
Guidance System.
Section 2. That the City Council further finds and determines that
the preliminary plans for the Landmark P.U.D. meet all conditions and
criteria as set forth in the Land Development Guidance System except
criterion e in the Density Chart for which a variance is hereby granted and
absolute criterion # 2.
Section 3. That to comply with absolute criterion # 2 the preliminary
plans for Landmark P.U.D. be hereby approved with a maximum number of
units not to exceed 120.
Passed and adopted at a regular meeting of the City Council this 15th
day of September, 1981.
ayor
ATTEST:
,ty er
2. It is understood and agreed by the parties hereto that
the issuance of the aforesaid building permits is allowed by the
City only for the purpose of satisfying requirements of the
Department of Housing and Urban Development of the federal govern-
ment which is involved in the financing of this planned unit
development, and such issuance shall not entitle the Developer to
proceed with development of the subject property unless and until
all applicable City rules, regulations, resolutions, and ordi-
nances relative to development of property within the City limits
have been satisfied by the Developer, or the City has otherwise
approved a specific plan and sequence of development of the prop-
erty or a portion thereof.
The City reserves the right to enforce proper development of
the property in accordance with City requirements relative
thereto, including the imposition of appropriate sanctions in
accordance with the City Code to compel compliance. The Developer
agrees to indemnify and hold harmless the City from any liability
which may result from Developer's failure to develop the property
in compliance with City development requirements, and the subse-
quent imposition of sanctions by the City for such noncompliance.
3. It is further understood and agreed that the Developer
shall not be entitled to Certificates of Occupancy until all
utility, street, and other improvements as required by the City
have been fully completed and accepted.
4. This Agreement shall inure to the benefit of the suc-
cessors, assigns, personal representative, grantees, and heirs of
the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement
the day and year first above written.
ATTEST:
ci •ler
CITY 0F.FORT COLLINS
By:
-2-
anager
AGREEMENT
THIS AGREEMENT made and entered into by and between ROBERT
A. YOUNG and LYNN YOUNG, residing at 1601 Sheely Drive, Fort
Collins, Colorado 80526 (hereinafter collectively called "Party
of the First Part") and LANDMARK LIMITED, a Colorado partnership
by and through its general partner, HERSH McGRAW, of 1027 W.
Prospect, Fort Collins, (hereinafter called "Party of the Second
Part") on the date below signed is as follows:
WHEREAS, the Party of the First Part are landowners of
approximately 5.00 acres lying within the W/2NF./4NW/4 of Section
23, Township 7N, Range 69W and the SW/4NE/4NE/4NW/4 of Section
23, Township 7N, Range 69W, commonly referred to as: 1601 Sheely
Drive, Fort Collins, Colorado; and
WHEREAS, the Party of the First Part owns water rights in
the Tombough and R.B. Harris Drain, which water rights are
diverted at the Young Sump and which water rights are supplied by
water collected in the Tombough and B.B. Harris Drain and by
water naturally -occurring in an unnamed slough in Sections 22 and
23, T7N, R69W, 6th P.M., which water right is presently being
adjudicated in Water Division No. 1, State of Colorado, Case No.
81-CW-459; and which the Party of the First Part owns water
rights in the Tombough Drain and B.B. Harris Drain described as
the Consolidated Tombough Seepage Ditch No. 1 and the B.B. Harris
Irrigation Ditch in a statement and map filed in the Office of
the Colorado State Engineer on March 11, 1982 and is attached
hereto as Exhibit "1".
WHEREAS, the Party of the First Part uses water out of the
Young Sump for irrigation purposes at 1601 Sheely Drive; and
WHEREAS, water has been so used historically by the
predecessors of the Party of the First Part for irrigation
purposes; and
WHEREAS, the Consolidated Tombough Seepage Ditch No. 1 and
the R.B. Barris Irrigation Ditch traverses the property of the
Party of the Second Part from west to east as marked on the
attached map entitled "Landmark P.U.D. Overall Utility Plan, Job
89-2, Sheet No. 2 of 9" and for the purpose of this Agreement is
marked as F,xhibit "2". Said indication noted as existing ground
water drain "to be relocated"; and
WHEREAS,. Party of the Second Part, Landmark Limited, is the
owner of the property commonly referred to as 1027 W. Prospect,
Fort Collins„ Colorado, desires to develop said property and has
submitted to the City of Ft. Collins a plat filing entitled
"Landmark P.U.D. Overall Utility Plan", and
WHEREAS, said Development Plan proposes to relocate the
location of said Consolidated Tombough Seepage Ditch No. I and
the R.R. Ilarris Irrigation Ditch as indicated on the map marked
Exhibit "2" to a location described as "proposed 12 inch P.V.C.
SDR 35, ground water drain bed per san sewer bedding detail" with
installation of a junction box connecting the existing drain
ditch to the newly proposed and relocated drain as set forth on
Landmark P.U.D. Overall Utility Plan, sheet 9 of 9, attached
hereto.
WHEREFORE, in consideration of the mutual covenants and
promises made herein, it is agreed by and between the Party of
the First Part and the Party of the Second Part that:
1. It has been proposed by the Party of the Second Part
that said change in location be made as set forth on Exhibit "2"
and it is mutually agreed by and between the parties that in
consideration of the mutual covenants, the Party of the Second
Part be allowed to relocate the existing Consolidated Tombough
Seepage Ditch No. 1 and B.R. Harris Irrigation Ditch that crosses
the property of the Party of the Second Part through the proposed
location as set forth on Exhibit "2" with the installation of a
junction box as set forth on Exhibit "3", at no expense to the
Party of the First Part, and
2. The Party of the Second Part guarantees that the
Party of the First Part will continue to receive water equal to
or in greater quantity and quality than that which has been
historically provided the Party of the First Part at the sump
located on the property of the Party of the First Part, and
3. This obligation to construct, operate and maintain
the relocation of the drain as it crosses the land of the Party
of the Second Part shall run with the land and be an obligation of
the heirs and assigns of the Party of the Second Part.
This Agreement entered into this a NN day of I�GbY(4
1903.
LANDMARK LIMITED
By
Ro ert A. Youn fersh McGraw
Party of the Fi st P rt/ Party of the Second Part
�v
Ly Young
Party of the First Part
-2-
STATE OF COLORADO )
COUNTY OF )
Subscribed and sworn to before me this,,Z�f/ day of
1983 by Hersh McGraw.
Witness my Hand and Official Seal.
My Commission expires:
e, 2� zzL
Notary Public
STATE OF COLORADO )
COUNTY OF )
Subscribed and sworn to before me this day of
1983 by Robert A. Young.
Witness my Hand and Official Seal.
�:., !�� mien: n•� �'rj r� "�,�E nm�; �y �5� F.. �j
My Commission expires: •�
Notary ix�lic
STATE OF COLORADO )
COUNTY OF )
Subscribed and sworn to before me this _�_ day of fE �
1983 by Lynn Young.
Witness my Hand and Official Seal.
My Commission expires:
Notary lic
-3-
0
AGREEMENT
THIS AGREEMENT is made and entered into this 3.7fhday of June ,
1983, by and between the City of Fort Collins, Colorado, a municipal
corporation (City) and H. D. McGraw (Developer).
WITNESSETH:
WHEREAS, Developer is the owner of certain property located in the
City of Fort Collins, which property is described as follows:
Landmark P.U.D., located in the Northwest 1/4 of
Section 23, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of
Colorado.
WHEREAS, Developer intends to sell, in whole or in part, for develop-
ment as a residential Planned Unit Development the above described prop-
erty; and
WHEREAS, said property is located downstream of the storm drainage
area of the City known as the "Canal Importation Area" and in the path of
the proposed outlet for the Canal Importation Area; and
WHEREAS, said property is accordingly subject to the requirements of
the City with regard to the development of major storm drainage improve-
ments for the Canal Importation Area; and
WHEREAS, specifically, it is the intent of the City to construct a
certain storm drainage channel over and across portions of the above
described property; and
WHEREAS, it is the purpose of this Agreement to set forth the inten-
tions of the parties hereto with regard to the acquisition, construction,
maintenance, payment and other details pertaining to the aforesaid channel.
NOW, THEREFORE, for good and valuable consideration and upon the
mutual promises of the parties hereto, it is agreed as follows:
1. It is understood and agreed that the above -mentioned storm drain-
age channel across the Landmark P.U.D. property shall be constructed to
completion on or before December 31, 1984, and that the Developer shall
have the sole responsibility of completing said construction. Upon com-
pletion and acceptance by the City of said storm drainage facilities, the
City shall make payment or other adjustment in accordance with §93-11 and
§93-12 of the Code of the City; provided, however, that if the applicable
basin account of the Storm Drainage Fund contains insufficient funds to
make payment of the total amount, the City shall pay such amount as is
available and shall pay the balance upon accumulation of funds in said
account lus 'interest at a rate of % anu
p per annum. With respect to the
foregoing payment obligations of the City, it is understood and agreed that
the "cost" of construction and completion of storm drainage facilities
shall include engineering design costs, right-of-way acquisition values,
actual construction costs, and reasonable interest not to exceed ten
percent (10%) per annum which interest shall commence upon the incurring of
individual expenses by Developer. An estimate of the aforesaid costs is
shown on Exhibit "A" attached hereto. No costs, other than those indicated
above, shall be included in the cost of construction.
2. Upon completion of the improvements and acceptance thereof by the
City together with payment therefor pursuant to 593-11 and §93-12 of the
Code of the City, Developer shall convey, by deed of dedication, such land
as is necessary for the operation, maintenance and repair of the aforesaid
storm drainage channel. The City shall pay Developer for said right-of-way
pursuant to paragraph 1 hereof as a cost of construction, based upon a
stipulated value of $36,328.00 per acre.
!PJ1
3. After completion of construction, acceptance by the City, and
payment therefor by the City with dedication thereof to the City, City
shall be fully responsible for the maintenance of the storm drainage
facilities, including the trickle channel. Notwithstanding the foregoing,
Developer shall continue to be responsible for the maintenance of all
grass, shrubs and trees located upon the dedicated property and will
irrigate, mow„ trim and otherwise maintain all green areas within the
boundaries of the dedicated property, which property is described on
Exhibit "B" attached hereto.
4. The Developer shall, pursuant to the terms of this Agreement
complete all improvements and perform all other obligations as required
herein, and the City may withhold such building permits and certificates of
occupancy that it deems necessary to insure performance hereof.
5. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and assigns and
shall be deemed to run with the real property above described.
6. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, and the Developer agrees to comply with all
requirements of the same, subject to the terms hereof and the Development
Agreement (or Agreements) with regard to said property.
IN WITNESS WHEREOF, this Agreement has been made and executed as of
the day and year first above written.
CITY OF FORT COLLINS
a municipal corporation
Ci Manager
JAMFS R.
DEPUTY G] .
191M
ATTEST:
1 ty I��o� ' U
1
APP VED AS I'D FORM
7"Zt�
Assistant City Attorney
DEVELOPER
G
H. D. McGraw
-4-
EXHIBIT "A"
Estimated Cost of Construction
Item
Quantity
Unit Cost
Amount
1.
Rip -rap
594
C.Y.
$ 15.00
$ 8,910.00
2.
Rip -rap Bedding
795
S.Y.
2.75
2,158.75
3.
14-foot Spam Aluminum
240
L.F.
160.00
38,400.00
Pipe Arch Culvert
4.
Paved Invert and Footings
4,800
S.F.
2.75
13,200.00
S.
Cutoff Toe Nall
80
L.F.
9.25
740.00
6.
Imported Fill
12,721
C.Y.
7.00
89,047.00
7.
Right -of -Way
42,840
S.F.
.83'
35.727.54
Sub -total
$188,183.29
Less the Probable Cost of Alternative Detention:
8.
1.2
Ac-ft. Detention Pond
1,300
C.Y.
3.00
( 3,900.00)
9.
15"
Diameter R.C.P.
1,000
L.F.
22.00
(22,000.00)
10.
4'
Standard Manhole
2
Each
1,000.00
( 2,000.00)
11.
15"
Diameter F.E.S.
2
Each
250.00
( 500.00)
12.
Detention Pond R.O.N.
14,520
S.F.
.83*
C12.109.531
Estimated
Total City- Repayment
$147,673.96
* $36,328.00 per acre
EXHIBIT "B"
LANDMARK P.U.D. DRAINAGE EASEMENT
A 70.00 foot wide drainage easement situate in
the NW 1/4 of Section 23, Township 7 North, Range 69
West, of the Sixth P.M., Larimer County, Colorado,
and considering the West line of the NW 1/4 of said
Section 23 as bearing N 000 06' 37" W and with all
bearings contained herein relative thereto beginning
at a point which bears S 000 06' 37" E - 512.53 feet
and again S 89' 58' 47" E - 50.00 feet from the NW
corner of said Section 23, thence S 890 58' 47" E -
612.07 feet to a point on the East line of the NW 1/4
of the NW 1/4 of the NW 1/4 of said Section 23,
said point bearing N 000 O1' 18" {4 - 149.00 feet
from the SE corner of the NW 1/4 of the NW 1/4, of
the NW 1/4 of said Section 23, thence N 000 O1' 18" E,
along said East line, a distance of 70.00 feet,
thence N 89' 58' 47" W - 612.23 feet, thence
S 000 06' 37" E - 70.00 feet to the point of beginning.
Containing 42,850.50 square feet.
APPROVtD AS TO FORM:
l
City Attorney
DEVELOPER:
Mitl+RQl !! !3cl+,i�
LANDMARK APARTMENTS, LTD.,
a Colorado Limited Partn rship
By:14-4�w
General Partner
-3-
AGREEMENT
THIS AGREEMENT is made and entered into this 027fhday of cTune,
1983, by and between the City of Fort Collins, Colorado, a municipal
corporation (City) and H. D. McGraw (Developer).
WITNESSETH:
WHEREAS, Developer is the owner of certain property located in the
City of Fort Collins, which property is described as follows:
Landmark P.U.D., located in the Northwest 1/4 of
Section 23, Township 7 North, Range 69 West of the 6th
P.M., City of Fort Collins, County of Larimer, State of
Colorado.
WHEREAS, Developer intends to sell, in whole or in part, for develop-
ment as a residential Planned Unit Development the above described prop- '
erty; and
WHEREAS, said property is located downstream of the storm drainage
area of the City known as the "Canal Importation Area" and in the path of
the proposed outlet for the Canal Importation Area; and
WHEREAS, said property is accordingly subject to the requirements of
the City with regard to the development of major storm drainage improve-
ments for the Canal Importation Area; and
WHEREAS, specifically, it is the intent of the City to construct a
certain storm drainage channel over and across portions of the above
described property; and
WHEREAS, it is the purpose of this Agreement to set forth the inten-
tions of the parties hereto with regard to the acquisition, construction,
maintenance, payment and other details pertaining to the aforesaid channel.
NOW, THEREFORE, for good and valuable consideration and upon the
mutual promises of the parties hereto, it is agreed as follows:
1. It is understood and agreed that the above -mentioned storm drain-
age channel across the Landmark P.U.D. property shall be constructed to
completion on or before December 31, 1984, and that the Developer shall
have the sole responsibility of completing said construction. Upon com-
pletion and acceptance by the City of said storm drainage facilities, the
City shall make payment or other adjustment in accordance with §93-11 and
§93-12 of the Code of the City; provided, however, that if the applicable
basin account of the Storm Drainage Fund contains insufficient funds to
make payment of the total amount, the City shall pay such amount as is
available and shall pay the balance upon accumulation of funds in said
/a % jJ 1��
account, plus interest at a rate of I206 per annu(n. With respect to the
foregoing payment obligations of the City, it is understood and agreed that
the "cost" of construction and completion of storm drainage facilities
shall include engineering design costs, right-of-way acquisition values,
actual construction costs, and reasonable interest not to exceed ten
percent (10%) per annum which interest shall commence upon the incurring of
individual expenses by Developer. An estimate of the aforesaid costs is
shown on Exhibit "A" attached hereto. No costs, other than those indicated
above, shall be included in the cost of construction.
2. Upon completion of the improvements and acceptance thereof by the
City together with payment therefor pursuant to 593-11 and 593-12 of the
Code of the City, Developer shall convey, by deed of dedication, such land
as is necessary for the operation, maintenance and repair of the aforesaid
storm drainage channel. The City shall pay Developer for said right-of-way
pursuant to paragraph 1 hereof as a cost of construction, based upon a
stipulated value of $36,328.00 per acre.
-2-
3. After completion of construction, acceptance by the City, and
payment therefor by the City with dedication thereof to the City, City
shall be fully responsible for the maintenance of the storm drainage
facilities, including the trickle channel. Notwithstanding the foregoing,
Developer shall continue to be responsible for the maintenance of all
grass, shrubs and trees located upon the dedicated property and will
irrigate, mow, trim and otherwise maintain all green areas within the
boundaries of the dedicated property, which property is described on
Exhibit "B" attached hereto.
4. The Developer shall, pursuant to the terms of this Agreement
complete all improvements and perform all other obligations as required
herein, and the City may withhold such building permits and certificates of
occupancy that it deems necessary to insure performance hereof.
5. This Agreement shall be binding upon the parties hereto, their
successors, grantees, heirs, personal representatives, and assigns and
shall be deemed to run with the real property above described.
6. Nothing herein contained shall be construed as a waiver of any
requirements of the City Code, and the Developer agrees to comply with all
requirements of the same, subject to the terms hereof and the Development
Agreement (or Agreements) with regard to said property.
IN WITNESS WHEREOF, this Agreement has been made and executed as of
the day and year first above written.
CITY OF FORT COLLINS
a/mu]nicipal corporation
City Manager
-3-
ATTEST:
City Clerky�
APPRO D AS TO FORM
�G
ss stant City Attorney
DEVELOPER
-4-
' C
/1
McGraw '
Estimated Cost of Construction
Item
Quantity
Unit Cost
Amount
1.
Rip -rap
594
C.Y.
$ 15.00
$ 8,910.00
2.
Rip -rap Bedding
795
S.Y.
2.75
2,158.75
3.
14-foot Span. Aluminum
240
L.F.
160.00
38,400.00
Pipe Arch Culvert
4.
Paved Invert and Footings
4,800
S.F.
2.75
13,200.00
S.
Cutoff Toe Wall
80
L.F.
9.25
740.00
6.
Imported Fill
12,721
C.Y.
7.00
89,047.00
7.
Right -of -Way
42,840
S.F.
.83*
35,727.54
Sub -total
$188,183.29
Less the Probable Cost of Alternative Detention:
8.
1.2
Ac-ft. Detention Pond
1,300
C.Y.
3.00
( 3,900.00)
9.
IS"
Diameter R.C.P.
1,000
L.F.
22.00
(22,000.00)
10.
4'
Standard Manhole
2
Each
1,000.00
( 2,000.00)
11.
15"
Diameter F.E.S.
2
Each
250.00
( 500.00)
12.
Detention Pond R.O.W.
14,520
S.F.
.83*
(12.109.33)
Estimated Total
City Repayment
$147,673.96
* $36,328.00 per acre
EXHIBIT "B"
LANDMARK P.U.D. DRAINAGE EASEMENT
A 70.00 foot wide drainage easement situate in
the NW 1/4 of Section 23, Township 7 North, Range 69
West, of the Sixth P.M., Larimer County, Colorado,
and considering the {Vest line of the NW 1/4 of said
Section 23 as bearing N 000 06' 37" W and with all
bearings contained herein relative thereto beginning
at a point which bears S 00' 06' 37" E - 512.53 feet
and again S 89' 58' 47" E - 50.00 feet from the NW
corner of said Section 23, thence S 890 58' 47" E -
612.07 feet to a point on the East line of the NW 1/4
of the NW 1/4 of the NW 1/4 of said Section 23,
said point bearing N 000 01' 18" W - 149.00 feet
from the SE corner of the NW 1/4 of the NW 1/4, of
the NW 1/4 of said Section 23, thence N 000 Ol' 18" E,
along said East line, a distance of 70.00 feet,
thence N 890 58' 47" W - 612.23 feet, thence
S 000 06' 37" E - 70.00 feet to the point of beginning.
Containing 42,850.50 square feet.