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HomeMy WebLinkAboutPOUDRE VALLEY HOSPITAL EXPANSION 1984 - Filed OA-OTHER AGREEMENTS - 2009-03-13n Ar__RPr, MF_ 'AT m FOR GOOD AND VALUABLE CONSIDERATION, it is agreed between THE EMIGH LATERAL DITCH COMPANY, hereinafter referred to as "the Company," and THE POUDRE VALLEY HOSPITAL DISTRICT, hereinafter referred to as "the Hospital" as follows: 1. The Hospital desires to relocate the Emigh Lateral Ditch s as it crosses the Hospital property and the Company is willing to allow the relocation on the terms and -conditions contained herein. 2- The Emigh Lateral Ditch shall be relocated. from its present location and placed into a pipeline through Hospital land. An easement for the pipeline shall be granted by the Hospital and the easement shall be staked by Hospital surveyors, and upon acceptance by Company shall be conveyed to Company by Deed of Easement. The easement shall be located substantially along the following -lines. An easement situate in the Southwest 1/4 of Section 18, Township 7 North, Range 68 West of the Sixth P.M., City of Fort Collins, County of Larimer, State of -Colorado, being more particularly des- cribed as follows: Considering the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 18 as bearing N 00*02130" W and with all bearings contained herein relative thereto; beginning at the Southeast corner of the Northwest 1,/4 of the Southwest 1/4 of said Section 18,'Township 7 North, Range 68 West of the Sixth P.M., thence S 89'28'20" W, 12.00 feet along the South line of the Northwest 1/4 of the South- west 1/4 of said Section 18, thence leaving said South line, N 00'02' 30" W, 351.45 feet; thence N 03-39'41" W, 411.83 feet, thence S 89°58'30" W, 385.53 feet, thence 77.77 feet along a curve -to the right having a radius of 196.98 feet, a central angle of 22037'20", and a chord which bears N 73042150" W, 77.27 feet, thence 24.87 feet along .a curve to the left having a radius of 62.98 feet, a central angle of 22037120", and a chord which bears 11 78042'50" W, 24.70 feet; thence S 89058130" W, 317.97 feet; thence N 00001130" W, 12.00 feet to a point on the south right-of-way line of Doctors Lane; thence along the South right-of-way of Doctors Lane on the following courses: N 89058130" E, 317.97 feet; thence 29.60 feet along a curve to the right having a radius of 74.98 feet, a central angle of 22037120", and a chord which bears S 78042150" E, 29.41 feet; thence 73.04 feet along a curve to the .left having a radius of 184.98 feet, a central angle of 22-37-20", and -a chord which bears S 7804250" E, 72.56 feet; thence N 89058*30" E, 144.68 feet; thence leaving said South right-of- way of Doctors Lane, N 89058'30" E, 278.86 feet more or less to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of said Section 18; thence S 00°02'30" E, 774.34 feet along said East line to the point of beginning_ The above described easement contains 0.565 acres more or less gross and is subject to all easements, rights -of -way or restrictions as now in use or on record. 3. The Company, because the Hospital shall be responsible for the pipeline working properly, shall promptly release and quit claim to Hospital, any and all rights in its existing right-of- way. 4. Hospital agrees that, at its sole expense, the ditch shall be put into a pipe in accordance with the design of Resource Consultants, Inc. and according to final plans and specifications prepared by Resource Consultants, Inc. entitled Irrigation Ditch Relocation for The Poudre Valley Hospital District and The Emigh Lateral Ditch Company, dated July 6, 1984. Such final plans are approved on this date in writing by Company President and shall -2- 7E serve as the basis for the construction of the pipeline within the new easement. The Hospital agrees to pay all charges of Resource Consultants, Inc. for the design of the pipeline and the plans and specifications for relocating it. The Company shall have no responsibility to maintain the pipeline once installed and the Hospital shall be responsible except as later provided_ However, the Company may, in an emergency which affects the flow of water in the pipeline, enter upon Hospital land for emergency repairs if, upon request, the Hospital has not immediately under- taken the repair. Any reasonable costs incurred by Company for so doing shall be borne by Hospital when billed to .the Hospital by Company and Company shall not be liable for the damages caused by such entry unless it is negligent in connection with the entry. 5. The Hospital shall have the immediate right to install the pipeline and -it shall be responsible to keep the present ditch open to handle the existing water and storm runoff during construc- tion or shall have such water carried by the pipeline_ The exist- ing ditch may be closed -in by the Hospital as soon as the pipeline is -operational and has been tested. The testing shall be promptly completed so there is no delay in construction of other hospital facilities. Subject to the availability of water,. the Company shall cooperate with the Hospital and its engineers to make water available to test the pipeline immediately to be sure it functions properly. The closure of the old open ditch does not relieve the Hospital from the responsibility of ensuring that the pipeline functions adequately. -3 M MA 6. All maintenance and repairs on the newly installed pipe- line shall be borne by the Hospital but only so long as the Emigh Lateral exists predominantly for the purpose of delivering irriga- tion water. 7. The Hospital district shall have the right to channel storm drainage water from the Hospital property into the pipeline but such water shall not exceed the capacity of the pipeline and for this purpose Hospital may construct detention ponds or other appropriate improvements or facilities for the orderly discharge of any increased storm drainage into said ditch. This.Agreement does not require the Hospital to maintain or repair -the ditch as a storm drainage ditch for the City of Fort Collins. 8. This Agreement shall be binding upon -and for the benefit of the parties, their successors and assigns, and shall be recorded by the Hospital and a copy showing recording information shall be furnished to the Company. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the llth day of July 1984_ ATTEST: THE J By: Secretary ATTEST: Secretary THE EMIGH LATERAL DITCH COMPANY Pres ' ent -4 - STATE OF COLORADO ) ) ss: COUNTY OF LARIMER ) The foregoing was acknowledged before me this llth day of July , 1984, by Robert V. Johnson, M.D. as President of The Poudre Valley Hospital District. Vice - My Commisslcm moires May 3, Imo;: By -Commission expires: 1024 Fwt Oa4;4 Crta, M4 .t ess�my hand and.offic l STATE 1 �EI + COLORADO ) ss: COUNTY OF LARIMER. ) Tl�e foregoing.was acknowledged before me this "! day of 1984, by a-, E, _;111. as President of e migh Lateral Ditch Company. My Commission expires: Witness my hand and official seal. Notary Public 110 E. OAK ST. FT. COLLIN1S, CO 00524 -5- 82294 P0780 592833 *,, O-UNTY OF L ARlk1FR Sk OCT 18 AM 10: 05 , F OF COLORADO ATTORNEY'S CERTIFICATE This is to certify that on the 22nd day of August, 1984, I examined the title to the property as described hereon and established that the owners and proprietors of record of the said property as construed in C.R.C. 1973, 31-23-111, are as shown hereon as of said date. Property described hereon: right of way for water line to serve the Poudre Valley Hospital with line to be east of existing garage and east of proposed new addition to the Hospital in the City of Fort Collins, County of Larimer, State of Colorado, in the Southwest 1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M. Owner and proprietor of record: The Poudre Valley Hospi- tal District operating the Poudre Valley Hospital. Those who might have an interest in the property in the nature of easements are: The Emigh Lateral Ditch Co., City of Fort Collins, Colorado for electric line in place, and The Poudre Valley Hospital District for a sewer line in place. Dated this 22nd day of August, 1984. v, ALDEN V. BILL HILL AND HILL, P.C. 160 West Mountain Avenue Post Office Box 421 Fort Collins, Colorado 80522 Telephone: (303) 482-3683 Registration No. 2021 :350 82294 P 0 7 7 9 592832 19ekOCT 13 AM10 04 �w COUNTY OF LARIMER STATE OF COLORADO AGREEMENT IN LIEU OF DRAINAGE EASEMENT DEDICATION The Poudre Valley Hospital District, operating the Poudre Valley Hospital, agrees with the City of Fort Collins that it will construct and maintain drainage facilities and detention ponds as now designed in connection with the new addition to the Hospital or the Hospital will construct and maintain a suitable substitute if there are changes in the future. The Hospital property is located in the SW 1/4 of Section 18, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado. Witness our hands and seals this 23rd day of August, 1984. THE POUDRE VALLEY HOSPITAL DISTRICT By, ��- Gunther H. Seligmann Associate Administrator State of Colorado ) ) ss. County of Larimer ) The foregoing instrument was acknowledged before me this 23rd day of August, 1984 �by Gunther H. Seligmann, Associate Administrator of POud;'e Valley Hospital District. tk 24) u Notary Public My notarial commis4 gkes: My business address is: t OZc- I-MAy /Jptr - �LLI )5 l.0•��2 B2294 P0777 592830 184OCT 18 AM1004 %4r COUNTY OF LARIMER STATE OF COLORADO NOTICE Please take notice that on August 27, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan of the planned unit development known as Poudre Valley Hospital Expansion PUD which develop- ment was submitted and processed in accordance with Section 118-83 of the Ccde of the City of Fort Collins. The Final Plan of the subject property together with the development agreement dated August 27,. 1984, between the City of Fort Collins and the developer, out of which documents accrue certain rights and obligations of the developer and/or subsequent owners of the sub- ject property, are on file in the Office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: Lot 2, Poudre Valley Memorial Hospital Addition Offsite easements required for utilities to serve this planned unit develop- ment are recorded with the Larimer County Clerk and Recorder. k Secretary, Planning & Zoning Board City of Fort Collins Dated: SeCOT- 2§5 1Q