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Home My WebLink AboutTHUNDERBIRD ESTATES NINTH REPLAT BLOCK 1 - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-03SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 1st day of May, A.D. 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and EAGLE ENTERPRISES, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to :it: See Exhibit "A" WHEREAS, the Developer desires to develop said property as a commercial subdivision and has submitted to the City a sub- division plat, a copy of which is on file in the office of the City Engineer and made a part hereof by reference; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City has approved the subdivision plat submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions acknowledged by the parties hereto, it is agreed as foLlows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for storm sewer lines and facilities, :sidewalks and curbcuts, and other municipal facilities necessary to serve the lands within the subdivision. 2. Storm Sewer Lines and Facilities. a. The Developer agrees to install all storm sewer lines and facilities. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the instaLlation of such lines. C. The Developer agrees to complete the installation of detention facilities for each lot prior to the issuance of certificate of occupancy. d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of the Developer. f. The installation of all such lines and facilities shall be inspected by the Public Works Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 3. Sidewalks and Curb Cuts. a. The Developer agrees to install all sidewalks and curb cuts as shown on the site plan. b. Such sidewalks and curb cuts shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such sidewalks and curb cuts. C. All of said sidewalks and curb cuts shall be installed at. the sole expense of the Developer. d. The Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. e. Sidewalk and curb cut improvements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to the individual lots have been installed from main utility lines to the property lines. 4. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives, and assigns. b. Nothing contained herein shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO, a municipal corporation City Manager ATTEST: City Clerk ✓✓� Director of Publ' icWorks r Devel /%ss i City Attorney Title DESCRIPTION OF LOT 1 A tract of land located in the NW 1/4 of Section 25, W N, R69W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the west line of the NW 1/4 of the said Section 25 as bearing S 00' 00' 45" E and with all bearings contained herein relative thereto: Commencing at the NW corner of the said Section 25; thence, along the said west line, S 001 00' 45" E, 1504.56 feet; thence, N 90*00' 00" E, 80.00 feet to the NW corner of Block 1, Thunderbird Estates Ninth Subdivision, a subdivision on record with the Larimer County Clerk and Recorder; thence, along the north line of said Block 1, N 90' 00' 00" E, 135.00 feet; thence, S 00' 00' 45" E, 25.00 feet to the True Point of Beginning. Thence, S 00' 00' 45" E, 120.00 feet; thence, S 90 00 00 W, 135.00 feet; thence, along the west line of the said Block 1, N 00°00' 45" W, 120.00 feet; thence, N 90' 00' 00" E, 135.00 feet to the True Point of Beginning. The above described tract contains 0.372 acres and is subject to all easements and rights -of -way now on record. The Surveyor has performed no further easement or rights -of way search. SURVEYOR'S CERTIFICATE I, Gary L. Boyack, do hereby certify that this plant and description were prepared under my direct supervision from existing legals or records this / (.+-1 day of ;p ram, 1979, and the same is correct to the best of my knowledge. j'2rL Gary L.``oyack, R istered Land Surveyor Colorado Reg. No. 10858 f Mf 1 =Wtum CLIENT zgl. JOB No. FB. PG DSGN. DWN CK. C r^ E Wlot7 ,� „ ? .P _f DESCRIPTION OF 1,CIP 2 A tract of land located in the NW 1/4 of Section 25, T7N, R69W, of the 6th P.M., of Larimer Country, Colorado, being more particularly described as follows: Considering the west line of the NW 1/4 of the said Section 25 as bearing S 00" 00' 45" E„ and with all bearings contained herein relative thereto: Commencing at the NW corner of the said Section 25; thence, along the said west line, S 00" 00' 45" E, 1504.56 feet; thence, N 90" 00' 00" E, 80.00 feet to the NW corner, of Block 1, Thunderbird Estates Ninth Subdivision, a sub- division on record with the Larimer County Clerk and Recorder; thence, along the west line of the said Block 1, S 00" 00' 45" E, 145.00 feet to the True Point of Beginning. Thence, continuing S 00" 00' 45" E, 110.00 feet; thence, N 90" 00' 00" E, 234.63 feet; thence, along the east line of the said Block 1, N 00" 00' 00" E, 110.00 feet; thence, S 90" 00' 00" W, 234.65 feet to the True Point of Beginning. The above described tract contains 0.593 acres and is subject to all easements and rights -of -way now on record. The Surveyor has performed no further easement or rights -of -way search. SURVEYOR'S CERTIFICATE I, Gary L. Boyack, do hereby certify that this plat and description were prepared under my direct supervision from existing legals or records this 10th day ofApril, 1979, and the same is correct to the best of my knowledge. CAP i.TEge'7C� �'r Gary L. Boyack, F.Ogist�eredLand Surveyor Colorado Reg. No. 10858 k A0858 N�T��UF G COL AN MW Revised from 28, July 1978, add 10 ft. South CLIENT 9-gLe JOB No. FB. — PG. DSGN G-6 OWN. CK. �'� F DESCRIPTION OF Lot 3 A tract of land located in the NW 1/4 of Section 25, T7N, R69W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the west line of the NW 1/4 of the said Section 25 as bearing S 000 00' 45" E, and with all bearings contained herein relative thereto: Commencing at the NW corner of the said Section 25; thence, along the said west line, S 00' 00' 45" E, 1504.56 feet; thence, N 90' 00' 00" E, 80.00 feet to the NW corner of Block 1, Thunderbird Estates Ninth Subdivision, a subdivision on record with the Larimer County Clerk and Recorder; thence, along the west line of the said Block 1, S 00* 00' 45" E, 255.00 feet to the True Point of Beginning. Thence, continuing on the boundary of the said Block 1 on the following courses: S 00' 00' 45" E, 115.14 feet; thence, 23.56 feet along the arc of a curve to the left whose radius is 15.00 feet and whose central angle is 890 59' 15" and whose long chord bears S 45' 00' 22" E, 21.21 feet; thence, N 90' 00' 00" E, 204.60 feet; thence, 23.56 feet along the arc of a curve to the left whose radius is 15.00 feet and whose central angle is 90' 00' 00" and whose long chord bears N 45' 00' 00" E, 21.21 feet; thence, N 000 00' DO" E, 115.14 feet; thence, leaving the boundary of the said Block 1, N 900 00' 00" W, 234.63 feet to the True Point of Beginning. The above described tract contains 0.699 acres and is subject to all easements and rights -of -way now on record. The Surveyor has performed no further easement or rights -of -way search._ _ SURVEYOR'S CERTIFICATE I, Gary L. Boyack, do hereby certify that the above legal description was prepared under my personal supervision this loth day of April, 1979, and is correct to the best of my knowledge. N i1085Su RIJ r �F CO Gary L."Boyack, Registered Land Surveyor Colorado Reg. No. 10858 Rv en-*x s Mfi�levi ed from 28, July 1978, - 10 ft. North CLIENT Eaq L, JOB No. — — F B. PG. DSGN. 4�6 OWN. CK. --� „q„ �Ewv1e/r for- t DESCRIPTION OF LOT 4 A tract of land located in the NW 1/4 of Section 25, W N, R69W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the west line of the NW 1/4 of the said Section 25 as bearing S 000 00' 45” E and with all bearings contained herein relative thereto: Commencing at the NW corner of the said Section 25; thence, along the said west line, S 00' 00' 45" E, 1504.56 feet; thence, N 90000' DO" E, 80.00 feet to the NW corner of Block 1, Thunderbird Estates Ninth Subdivision, a subdivision on record with the Larimer County Clerk and Recorder; thence, along the north line of said Block 1, N 900 00' 00" E, 135.00 feet to the True Point of Beginning. Thence, continuing N 900 00' 00" E, 99.68 feet; thence, along the east line of the said Block 1, S 00° 00' 00" E, 145.00 feet; thence, S 90' 00' 00" W, 99.65 feet; thence, IV 00°00' 45" W, 145.00 feet to the True Point of Beginning. The above described tract contains 0.332 acres and is subject to all easements and rights -of -way now on record. The Surveyor has performed no further easement or rights -of way search SURVEYOR'S CERTIFICATE I, Gary L. Boyack, do hereby certify that this plant and description were prepared under my direct supervision from existing legals or records this 7(,6 day of _,A ,;I 1979, and the same is correct to the best of my knowledge. C F Gary L._BBoyack, Registered Land Surveyor Colorado Reg. No. 10858 M&I congibm engrtL s CLIENT ,LEa 9 /¢. J08 No.—� FB. PG. DSGN. DWN. CN.