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Home My WebLink AboutWOODWARD GOVERNOR - Filed OA-OTHER AGREEMENTS - 2004-03-29AGREEMENT THIS AGREEMENT is made and entered into this (�4 day of 61 -r-L— {, 1978, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, party of the first part, hereinafter designated as "City", and WOODWARD GOVERNOR COMPANY, party of the second part, hereinafter designated as "Woodward". WITNESSETH: WHEREAS, Woodward is the owner of certain real property situate in the Southeast 1/4 of Section 24, Township 7 North, Range 69 West of the 6th P.M. in the City of Fort Collins, County of Larimer and State of Colorado; and WHEREAS, it is necessary for the City to acquire an easement for sanitary and storm sewers and a right-of-way at the corner of Lemay Avenue and Drake Road for the enlarge- ment of the intersection at that location: and WHEREAS, the parties desire that the improvements on said easement and right-of-way be constructed in a manner agreeable to both parties; and WHEREAS, certain portions of the City's right-of-way on the property owned by Woodward Governor shall be vacated; NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed by and between the parties hereto as follows: 1. Woodward agrees to give to the City an easement for two (2) sanitary storm sewers which are now in place across the property, more particularly described in Exhibit A to this agreement which is incorporated herein by reference as if fully set forth. 2. Woodward shall dedicate the property described on Exhibit D to this agreement, which is incorporated herein as if fully set forth, to the City as a right-of-way for a right turn lane at the intersection of Drake Road and Lemay Avenue. 3. The City shall vacate the rights -of -way described in Exhibits B and C to this agreement which are attached hereto and incorporated herein as if fully set forth. 4. No manholes shall be constructed on the storm sewer line which is upon Woodward's property and shall only be constructed on the paved portions of Lemay Avenue and Drake Road. 5. Woodward shall be allowed to replant and landscape the sanitary and storm sewer easement as it sees fit. The City shall give reasonable notice to Woodward before conduct- ing any maintenance work on said easement, and the land- scaping thereon shall be returned to its original state after such maintenance at the City's expense. 6. The City shall make every effort to have Drake Road surfaced by the end of the 197$'construction season. -2- During construction of the storm and sewer line and inter- section of Lemay Avenue and Drake Road, the City will close only one of the two Woodward driveways at one time. In constructing; the storm drain across Lemay Avenue, the City shall make a. saw cut in the present asphalt. When the surfacing is done on Drake Road, it will be brought around the intersection of Drake Road and Lemay Avenue to the point of the saw cut so as to make only one break in the asphalt on Lemay Avenue. 7. The City shall pay for 146 feet of new curb and gutter and sidewalk at the intersection of Lemay Avenue and Drake Road which has been removed and replaced during con- struction of the storm sewer line, together with additional asphalt that has been required by the change in the inter- section. 8. The City will construct the storm sewer line in a workmanlike manner and backfill said line so there will be no more than. a minimum of settlement of fill. 9. The City shall pay for all trees, shrubbery, sod, landscaping and sprinkler systems which are damaged or destroyed because of the storm sewer or street construction. Woodward shall install said new landscaping and sprinklers. 10. The City shall carry out traffic studies of the traffic flow at the intersection of Lemay Avenue and Drake Road after the construction work at said intersection has -3- been completed. If it is determined that the said traffic flow impedes the traffic flow in and out of the two Woodward Governor driveways, the City shall consult with Woodward Governor and. retime the traffic lights at said intersection and place such traffic control devices on the right -turn lane in such. a manner consistent with safety so as to reduce or eliminate the difficulty with ingress and egress at the two Woodward. Governor driveways. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: AT EST:' C' lerk WOODWARD GOVERNOR COMPANY ATTEST: BY 1 i -4- Exhibit A Easement for Sanitary & Storm Sewers at Woodward Governor Considering the south line of the SE 1/4 of Section 24, T.7.N., R.69.W. of the 6th P.M. as bearing N 89° 37' 30" W and with all bearings contained herein relative thereto, begins at a point which bears N 89' 37' 30" W - 39.50 feet from the SE corner of said Section 24, thence South - 22.13 feet, thence along the arc of a 49.5 foot radius curve to the right a distance of 23.23 feet, the long chord of which bears S 13° 30' 15.9" W - 23.12 feet, thence N 50' 29' 09.9" W - 46.96 feet, thence N 89' 37' 30" W - 156.48 feet, thence N 68' 18' 28.3" W - 25.70 feet, thence along the arc of a 455.5 foot radius curve to the left a distance of 71.45 feet, the long chord of which bears N 72' 48' 05.9" W - 71.38 feet, thence S 890 37' 30" E - 290.10 feet, thence S 00° 13' 30" E - 14.99 feet, to the point of beginning. Containing 7842.0096 square feet. Exhibit B R.O.W. Vacation along Drake at Woodward Governor Considering the South line of Section 24, T.7N., R.69W. as bearing N 89' 37' 30" W and with all bearings contained herein relative thereto commencing at a point which bears N 00' 22' 30" E, 30.00 feet from the southwest corner of the southeast 1/4 of the southeast 1/4 of said Section 24, said southwest corner of the southeast 1/4 of the southeast 1/4 bearing N 89' 37' 30" W, 1321.36 feet from the southeast corner of said Section 24-7-69, end running thence S 89' 37' 30" E, 989.35 feet; thence along the arc of a 221.00 foot radius curve to the right 117.64 feet, the long chord of which bears S 74' 22' 30" E, 116.26 feet; thence S 57' 07' 53.8" E, 137.51 feet; thence along the are of a 49.5 foot radius curve to the right 7.15 feet, the long chord of which bears N 70' 51' 41.8" W, 7.14 feet; thence N 66' 43' 34" W, 86.79 feet; thence N 68' 18' 28.3" W, 78.75 feet; thence along the arc of a 455.5 foot radius curve to the left 169.46 feet, the long chord of which bears N 78' 58' 02" W, 168.48 feet; thence N 89' 37' 30" W, 894.35 feet; thence N 00' 22' 30" E, 4.50 feet, to the point of beginning, containing 0.19343 acres (8,425.89 square feet), more or less. Exhibit C R.O.W. Vacation along Lemay at Woodward Governor Considering the East line of Section 24, T.7N., R.69W. as bearing N 00' 13' 30" W and with all bearings contained herein relative thereto, commencing at a point which bears N 89° 37' 30" W, 40.00 feet from the southeast corner of said Section 24 and running thence N 00' 13' 30" W, 1324.20 feet; thence N 89' 42' 00" E, 2.5 feet; thence S 00' 13' 30" E, 1174.62 feet; thence S O1' 53' 45.9" W, 54.04 feet; thence S 00' 13' 34.7" E, 95.58 feet; thence South„ 22.13 feet; thence along the arc of a 49.5 foot radius curve to the right 7.04 feet, the long chord of which bears S 04' 04' 43.4" W, 7.03 feet; thence North 29.14 feet, to the point of beginning containing 0.07063 acres (3,077.39 square feet) more or less. Exhibit D Legal Description of Woodward Dedication at Drake & Lemay Considering the North line of Section 25, T.7N., R.69W. as bearing N 89' 37' 30" W and with all bearings contained herein relative thereto, commencing at a point which bears South 28.88 feet and again N 89' 37' 30" W 40.00 feet from the northeast corner of 25-7-69 and running thence South 44.84 feet; thence along the arc of a 15 foot radius curve to the right 27.49 feet, the long chord of which bears S 52' 30' 14.4" W, 23.80 feet; thence along the arc of a 161.00 foot radius curve to the right 44.66 feet, the long chord of which bears N 67' 03' 40.4" W, 44.52 feet; thence N 58' 53' 20.3" W, 2.26 feet; thence along the arc of a 49.5 foot radius curve to the left 83.68 feet, the long chord of which bears N 56' 34' 23.5" E, 74.07 feet to the point of beginning, containing 0.02680 acres (1,167.76 square feet) more or less.