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HomeMy WebLinkAboutSPRING COURT REPLAT LOT 1 - Filed OA-OTHER AGREEMENTS - 2004-02-23�',�ri nci our t �u bdi �lt�+'o AC: R h EPt CN'l: Zj THIS AGREEMENT is made and entered into this day of yeti __ A.D. 1976, by and between dAYNL K. SCHRADER, party �fhereinafter designated as 'Owner" and TH U CITY OF FORT COLLINS, t_� COLORADO, a municipal corporation, party of the second part, hereinafter designated as "City", WI TNESSI:TH: WHEREAS, owner is the owner of certain property described as Lots 1.-A and 1.-B of the Replat of Lot 1 of the Spring Court Subdivision in the City of Fort Collins, Colorado (hereinafter designated as the "Subdivision"); and WHEREAS, the parties previously entered into a PI<"ora.ndum of Agreement respecting said Subdivision on October 21, 1975, to which this Agreement is intended to be supplemental_ and not a replacement thereof; and WHEREAS, the City has requested additionnl. agreements from owner as a condition to acceptance of said subdivision pint and owner was agreed to the same and the parties desire to not forth the .samein writing. NOW, THERVORL, in consideration of the promises and the terms of the within agreement, it is agreed as follows: 1. owner is aware that Spring Creel: t_ravers,•s said Subdivision by means of an underground conduit. owner is also aware thatsaid conduit is not of adequate size to carry the stormwater flows cr Icuial.Od for Sprint; Crook. 'Thereforethe owner agrees to participate proport tonally for improvements of the Spring Creel: channel across said subdivision at such time as those improvements or nny portion thereof arc deemed necessary by the City in connection with tho overall improvements to Spring Creek. In the latter event, if no improvements to Spring Creel: have Von required within ten (10) years from the date of this agreement, then tlw owner shall. have no further duty to improve the Spring Creek Chnnuel throngh said Subdivision. 2. The Owner further understand, and arious War hcInre any building permits for said subdivision are issued by the City, a stormn&P r detention plan for the increased runoff generated by said devolopnwnt . shall bo submitted to the City Engineer for his review and approval. 3. This agreemont shN11_ rind with the land ind be binding upon the owner, his heirs, personal representatives and assigns. IN WITNESS WHERKOF, the parties hrrcto hnv� unused this a£;recment to be signed the day and year first heroinabove writton. l OWNER: _�' GL:._�,.r�C /V1 '�� �-e- CSchrader CITY: CITY OF FORT COLLINS, COLOILUO By — City Manager ' / r City Clerk ^—~-- AGREEMENT THIS AGREEMENT is made and entered into this day of October, A.D. 1975, by and between WAYNE K. SCHRADER, party of the first part, hereinafter designated as 'Owner", and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, party of the second part, hereinafter designated as "City", WITNESSETH: WHEREAS, Owner is the owner of certain property described as Lot 1, Spring Court Subdivision in the City of Fort Collins, Colorado: and WHEREAS, Owner has filed with the City a replat of said property described as Replat of a Part of Lot 1 of the Spring Court Subdivision (hereinafter designated as the "Subdivision"), and has requested that the City accept such replat; and WHEREAS, the City has requested additional agreements from Owner as a condition to acceptance of said plat and Owner has agreed to the same and the parties desire to set forth the same in writing. NOW,, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed as follows: 1. Owner hereby agrees to dedicate to the City the following described property, to -wit: The North 30 feet of Lot 1-B of the Subdivision, as an extension of Stuart Street (hereinafter referred to as the "Stuart Street Dedication"); and The West 50 feet of Lot 1-B of the Subdivision, as a right-of-way for Mason Street (hereinafter called the "Mason Street Dedication"); upon the terms and conditions hereinafter expressed. 2. Owner will dedicate the Mason Street Dedication upon the request of the City, provided that the City, by April of 1976, adopts by Council action a bona fide plan to acquire and develop Mason Street at least from the subdivision south to approximately Drake Road. If the City Council does not adopt a bona fide plan for such development of Mason Street, then the Owner agrees to furnish the dedication for Mason Street to the City at such time as the same is needed by the City. 3. Owner will dedicate all or a part of the Stuart Street Dedication at such time as the City determines the same is necessary, either in connection with the development of Mason Street or in connection with the development of the property adjoining Lot 1-B of the subdivision to the north. If the City adopts a plan to develop Mason Street, then the Stuart Street Dedication will be made by the Owner at the same time that the Mason Street Dedication is made. If the City fails to adopt such plan, then the Owner will dedicate Stuart Street or any required part thereof at such time as a dedication is deemed necessary by the City in connection with the development of the property adjoining Lot 1-B to the north. In the latter event, if no dedication has been required within ten (10) years from the date of this agreement, then the Owner shall have no -2- further duty to dedicate the Stuart Street Dedication or any part thereof. 4. In the event the City adopts a bona fide plan for the development of Mason Street, the Owner shall be so advised and the Cite shall record a statement referring to this agree- ment and stating that such plan has been adopted. If no such statement is recorded within the time for adoption of such plan, then the Owner shall have no further obligation to dedicate Mason Street or to dedicate Stuart Street in connection with the dedication of Mason Street. 5. The City may give notice to the Owner of its require- ment that the dedications herein provided for be effected by mailing a copy thereof addressed to the record owner of the property at the address to which the last tax notice from the County of Larimer on the subject property was mailed. Such notice shall be effective as of date of deposit in the mails, postage prepaid, sent registered or certified mail, return receipt requested. 6. Until such time as a dedication is required by the City pursuant to this agreement, Owner shall be entitled to make full use of the property designated as the Stuart Street Dedication and the Mason Street Dedication, provided that no permanent buildings of any type shall be erected on any portion of the same. -3- 7. This agreement shall run with the land and be binding upon the Owner, his heirs, personal representatives and assigns IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. i OWNER: aySchrader CITY: THE CITY OF FORT COLLINS, COLORADO ATTEST: B City Manager City Clerk -4-