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Home My WebLink AboutMOUNTAIN RIDGE FARM PUD - Filed ED-EASEMENT DEDICATION - 2002-11-14cr*v on RCPTN # 95078464 12/08/95 14:59:00 # PAGES - 6 FEE - $31.00 M _r%uDE;VBERGEF RECORDER. LARTMER COUNTY CO STATE DOC FEE - $.00 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 'A day of L� (7 1995, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the City," and Deines Lumber Co., and Seier Construction Inc., hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, Section 26-372 ofthe Code of the City ofFort Collins (the "Ordinance") permits a developer, after he has installed a water or sewer line through undeveloped areas of the City, to submit an application to the City for a Reimbursement Agreement which would provide that the developer may be reimbursed a portion of the construction cost of the water or sewer line whenever any property specially benefitted by said line first utilizes said line; and WHEREAS, the Developer has submitted an application to the City for a Reimbursement Agreement as a result of the construction of a 8" and 15" sewer line at the following described location: Starting at M.H. 94 in Wabash Street, then south along the west side of South Shields Street, 934 L.F. to M.H. #1 then east approximately 30'to join an existing 15" stub from the existing M.H. on the west side of Shields Street.. Said line is further described on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Developer has provided the City with the legal descriptions of all properties specially and directly benefitted by the installation of said line, all as set forth on Exhibit "B," attached hereto and incorporated herein by this reference. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the 8" and 15" sewer lime installed by the Developer has been inspected and found to be in accordance with the City standards and requirements. 2. That the Developer has presented the City with adequate documentation to establish that the total cost for the construction of the applicable portion(s) of the aforementioned line is $25,825.10. The oversizing payment to be made by the City to the Developer is N/A. Accordingly, the repayment due to the Developer pursuant to this Agreement shall not exceed the difference between said total cost and said oversizing payment. � i 3� spa e Q W X W 6 v aQ CC6- Qob� W O Ep ~ KQQC Z�2LU LU U ll. Q 0 ~oFcr z SO h IR 0 0 0 0 d o- 0 2 W U 4 C d- w C W 0. Q G ANf 1-f Ip1T�H, a Z O z K Ian w W m n a n J ^d W O ' v� woo 0 4 Qm t 2°b 133Y1S d,?3N35, 6'N/�sIx3 Ref # 2 EXHIBIT B Parcel # Property Owner Front -Foot Re a 97341-00-008 Mountainridge Farm, Inc. 450' $9,558.00 97344-00-016 P & B Partnership 450' $9,558.00 EXHIBrr C TOTAL COST = $19 116.00 = $21.24 per front foot TOTAL FRONTAGE 900' Ref.# Parcel # Legal Description Front -Foot Repay 1 97341-00-008 See Exhibits A & B 450' $9,558.00 2 97344-00-016 See Exhibits A&B 450' $9,558.00 The percentage added to recognize the effects of inflation will be based on the Denver construction cost index published in the "Engineering News -Record" and the following formula: (ENR) Denver construction cost published the month before payment = X (ENR) Denver cost index published 11/14/94 = 4 017.37 X-4,017.37=Y Y x 100 = Percentage to be added 4,017.37 Payees -- Deines Lumber Company 60% Seier Construction Inc. 40% RCPTN # 95078466 12/08/95 14:59:00 # PAGES - 6 FEE - $36.00 M RODENBERGER RECORDER., LARIMER COUNTY CO STATE DOC FEE - 5.00 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this ILr-Ak_ day of d- 1995, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the City," and Deines Lumber Co., and Seier Construction Inc., hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, Section 26-372 of the Code of the City of Fort Collins (the "Ordinance") permits a developer, after he has installed a water or sewer line through undeveloped areas of the City, to submit an application to the City for a Reimbursement Agreement which would provide that the developer may be reimbursed a portion of the construction cost of the water or sewer line whenever any property specially benefitted by said line first utilizes said line; and WHEREAS, the Developer has submitted an application to the City for a Reimbursement Agreement as a result of the construction of a 8" water line at the following described location: 1710' of 8" waterline in the proposed Wabash Street right-of-way starting at an existing 8 x 8 tee just north of the proposed Troutman Parkway right-of-way then in a northeast direction to an 8" plug in the South Shields Street right-of-way. Said line is further described on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Developer has provided the City with the legal descriptions of all properties specially and directly benefitted by the installation of said line, all as set forth on Exhibit "B," attached hereto and incorporated herein by this reference. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the 8" water line installed by the Developer has been inspected and found to be in accordance with the City standards and requirements. 2. That the Developer has presented the City with adequate documentation to establish that the total cost for the construction of the applicable portion(s) of the aforementioned line is $31,439.00. The oversizing payment to be made by the City to the Developer is N/A. Accordingly, the repayment due to the Developer pursuant to this Agreement shall not exceed the difference between said total cost and said oversizing payment. 3. That, at such time as any of the property specially and directly benefitted by the installation of the improvement, as described on Exhibit "B" attached hereto, should commence activities to utilize said line, then at that time the City may attempt to assess a charge against such property in order to reimburse the Developer for some of the costs associated with the construction of the improvements. For purposes of this Agreement, utilization of said line shall be deemed to commence upon receipt by the City of an application for service and collection of the appropriate fee from the Developer. Such charge shall be on a front -foot basis according to the schedule attached hereto and incorporated herein by this reference as Exhibit "C"and a percentage added to recognize the effects of inflation. This inflation factor shall be calculated using the construction cost index for Denver as published in the Engineering News Record (ENR) of November 14, 1994, and the same index published in the ENR of the month preceding payment of the reimbursement. Should any property anticipated herein to benefit from the installation of said line be developed in such a manner so as to not make direct connection to said line or otherwise directly benefit from said line, there shall be no assessment against that property. Should any property anticipated herein to directly benefit from said line be subdivided into one or more parcels for development purposes, the amount to be assessed shall be based on a pro-rata share of the actual front footage of the property so developed. For purposes of this Agreement, "direct connection/benefit" shall mean physical connection directly to the line installed by the Developer immediately adjacent to the developed property and not connection indirectly through other lines at some other point on the system. 4. Upon the actual receipt of the assessment set forth above, the City agrees to pay the same over to the Developer less three percent (3%) to be retained by the City to defray administrative costs. In no event shall the City be obligated to pay the Developer interest on collected or uncollected fees pursuant to this Agreement. The term of this Agreement shall not extend for a period of more than ten (10) years from the date hereof. 5. The services of the City in attempting to assess and collect the reimbursement fees described herein are offered solely as an accommodation to the Developer. Accordingly, the City will not be liable for its failure in any fashion to collect the monies specified herein and shall have no obligation to commence litigation for the purpose of attempting to make such collection. In the event that the City's attempt to collect such charge and/or the City's withholding of building permits results in the filing of any claims against the City and or the commencement of litigation against the City, the Developer agrees to pay all costs and fees incurred by the City in defense of the same, including without limitation attorney's fees. The Developer further agrees to indemnify and hold harmless the City from any damages or awards arising from or relating to any such claim or civil action. At the City's option, the Developer may be required to provide indemnification in the amount of any damages sought or, if no such amount is specified, then in such amount as the City may consider reasonably necessary to ensure payment of all costs, fees and/or damages which may result therefrom. 6. In the event that the Developer is in default with regard to any other obligation to the City, the City shall have the right to set off any reimbursements that may be due hereunder to satisfy, in whole or in part, any such default. In the event that a Developer has received Ref # Parcel # 97341-00-002 EXHIBIT B ProuejU Owner Mountaimidge Farm, Inc. Front -Foot 2,650' Cobblestone Comers Deines Lumber Co. 770' Repay $24,353.50 N/A EXHIBIT C TOTAL COST = $31,349.00 - Oversizing $0.00 = $31.439.00 Reimbursement $31.349.00 = $9.19 per front foot TOTAL FRONTAGE 3,420' Ref.# Parcel # Legal Description Front -Foot Repay 1 97341-00-002 See Exhibits A&B 2650' $24,353.50 2 N/A Cobblestone Comers 770' N/A PUD The percentage added to recognize the effects of inflation will be based on the Denver construction cost index published in the "Engineering News -Record" and the following formula: (ENR) Denver construction cost published the month before payment = X (ENR) Denver cost index published 11/14/94 = 4,017.37 X-4,017.37=Y Y x 100 = Percentage to be added 4,017.37 Payees -- Deines Lumber Company 60% Seier Construction Inc. 40% RC:PTN # 88007862 02 '13/88 10: 50: 12 # OF PA(-`3 — 5 FEE — $15.00 M. RODENBERGER, RECOR R — LARIMER COU14TY CO STA- DOC FEE— $.00 DEED OF EASEMENT THIS DEED, made this /6� day of Fe�r1Aar , 198 9' , between MOUNTAINRIDGE FARM, INC., A Delaware CorporationRANTOR, whose address is c/o G.T. Land Colorado Inc., 3555 Stanford, Suite 100, Fort Collins, Colorado 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of TEN DOLLARS ($10.00), and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a perpetual easement and right-of-way on, along, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto, and by this reference made a part hereof, to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground utilities. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed forty-seven (47) feet on the northerly side of the aforementioned permanent easement for the purpose of constructing the aforementioned public improvements. As a condition of the granting of this temporary construction easement, the Grantee covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable with their original condition. The Grantor further grants to the Grantee: (a) the right of ingress to and egress from said easements over and across said lands of the Grantor by means of roads and lanes thereon; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to mark the location of said easements by suitable markers set in the ground; provided that said markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to the ground level in said easements; (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said easements. (c) Grantor shall not landscape the easement without receiving prior written approval from the Grantee's Planning and Water Utility Departments. It is understood that such approval shall not be unreasonably withheld; and that upon development, large trees shall he held a minimum of 10' off of either side of the actual location of the waterline. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, sell and convey said property or any part thereof and that it warrants the title of said property. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall run with the property described herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the City Council of the City of Fort Coll ins on the day of 198 , 2 M0UNTAINKIDGE FARM, INC, By: ATTEST: (CORPORATE SEAL) ' STATE OF \ ) ss. -' COUNTY OFLai:wktr\ jbed d before thisd »f ` ^,"-~ .y -, as President aas Secretary. nd my hand and official seal. NLgq Notary Public L �r� Address:�I]-��L �4 Accepted by the City of Fort Collins, Colorado this day nf , Ig8F ATTEST: (CORP0RATE SEAL) CITY FORT COL INS, OLORADO eijffy�Manag6er i i /ey 3 2) 3. That, at such time as any of the property specially and directly benefitted by the installation of the improvement, as described on Exhibit "B" attached hereto, should commence activities to utilize said line, then at that time the City may attempt to assess a charge against such property in order to reimburse the Developer for some of the costs associated with the construction of the improvements. For purposes of this Agreement, utilization of said line shall be deemed to commence upon receipt by the City of an application for service and collection of the appropriate fee from the Developer. Such charge shall be on a front -foot basis according to the schedule attached hereto and incorporated herein by this reference as Exhibit "C"and a percentage added to recognize the effects of inflation. This inflation factor shall be calculated using the construction cost index for Denver as published in the Engineering News Record (ENR) of November 14, 1994, and the same index published in the ENR of the month preceding payment of the reimbursement. Should any property anticipated herein to benefit from the installation of said line be developed in such a manner so as to not make direct connection to said line or otherwise directly benefit from said line, there shall be no assessment against that property. Should any property anticipated herein to directly benefit from said line be subdivided into one or more parcels for development purposes, the amount to be assessed shall be based on a pro-rata share of the actual front footage of the property so developed. For purposes of this Agreement, "direct connection/benefit" shall mean physical connection directly to the line installed by the Developer immediately adjacent to the developed property and not connection indirectly through other lines at some other point on the system. 4. Upon the actual receipt of the assessment set forth above, the City agrees to pay the same over to the Developer less three percent (3%) to be retained by the City to defray administrative costs. In no event shall the City be obligated to pay the Developer interest on collected or uncollected fees pursuant to this Agreement. The term of this Agreement shall not extend for a period of more than ten (10) years from the date hereof. 5. The services of the City in attempting to assess and collect the reimbursement fees described herein are offered solely as an accommodation to the Developer. Accordingly, the City will not be liable for its failure in any fashion to collect the monies specified herein and shall have no obligation to commence litigation for the purpose of attempting to make such collection. In the event that the City's attempt to collect such charge and/or the City's withholding of building permits results in the filing of any claims against the City and or the commencement of litigation against the City, the Developer agrees to pay all costs and fees incurred by the City in defense of the same, including without limitation attorney's fees. The Developer further agrees to indemnify and hold harmless the City from any damages or awards arising from or relating to any such claim or civil action. At the Cites option, the Developer may be required to provide indemnification in the amount of any damages sought or, if no such amount is specified, then in such amount as the City may consider reasonably necessary to ensure payment of all costs, fees and/or damages which may result therefrom. 6. in the event that the Developer is in default with regard to any otber obligation to the City, the City shall have the right to set off any reimbursements that may be due hereunder to satisfy, in whole or in part, any such default. In the event that a Developer has received A PERMANENT 30' UTILITY EASEMENT AND A TEMPORARY 45' CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO DESCRIPTION A 30 foot permanent utility easement and a 45 foot temporary con- struction easement on, over and across a certain parcel of land described in Book 2194, Page 137, Larimer County records located in Section 34, Township 7 North, Range 69 West of the 6th P.M. ("subject parcel"), County of Larimer, State of Colorado, and described as follows: That portion of a permanent easement 30 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be 15 feet Easterly and 15 feet Westerly/Northerly as measured at right angles and parallel with the Centerline as constructed and the centerline described as follows: Also; a construction easement 45 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be the Westerly/Northerly 45 feet of the Northerly/Westerly 60 feet as measured at right angles and parallel with the centerline as con- structed and the centerline described as follows: Considering the East line of the Northeast Quarter of said Sec- tion 34 as bearing, North 0°13'55" West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 34; thence along the East-West centerline of said Section 34, South 89° 50'46" West, 45.00 feet to a point on said described centerline said point being the POINT OF BEGINNING; thence along said described centerline, North 0°13'55" West, 364.75 feet; thence, North 89°46'05" East, 15.00 feet to the Westerly right-of-way of South Shields, said point being the Point of Terminus of said centerline. The location of said easement in relation to the subject parcel is further illustrated on attached Exhibit "A". The above described permanent easement contains 0.262 acres more or less and the above described construction easement contains 0.470 acres more or less and is subject to all other easements, restrictions, and rights -of -ways now on record or existing. RBD TerrY G. Everett, P.L.S. Colo. Reg. No. 17483 „ EXHIBIT "A" SHEET 1 OF 2 (ngm�fnnq GVnwnrnU A PERMANENT 34' UTILITY EASEMENT AND A TEMPORARY 47' CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SENECA DR. R.O.W. TERMINUS p01Nj SCALE 1" a 100' u t z _ L 4' ►u L N b'3' 27'47" W Z 137.3Z' W y 3 rDIP(T OF OrzitiNING r-, 114 COKNeK ,iU- 34•l-&#) CENTEKLINE 3 I I � I � I 34' MKMANENT 41' G0N5TKUGTION Ea5�M6NT I�t') .I H I W � a t�cc a I �h Um ZW J � u, N / a 0 �0 zm Q Z 0 0 Eq'�-q EXHIBIT "A" SHEET 2 OF 2 RCIPTN # 38007863 02 "?3/88 10:50:18 # OF PA' S - 5 FEE - $15.00 A. RODE NBEK']ER, RECOF R - LARLAER COUNTY CO STA',,- DOC FEE- $.00 DEED OF EASEMENT THIS DEED, made this ��" day of _ 198E , between MOUNTAINRIDGE FARM, INC. A Delaware Corporation, GRANTOR, whose -address is c/o G.T. Land Colorado Inc., 3555 Stanford, Suite 100, Fort Collins, Colorado 80525, and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, GRANTEE, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521. WITNESSETH: That for and in consideration of the covenants and agreements herein set forth, the sum of SIX HUNDRED NINETY-SEVEN DOLLARS ($697.00), and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and adequacy of which is hereby acknowledged, the Grantor hereby grants, sells and conveys to the Grantee, its successors and assigns, a perpetual easement and right-of-way on, along, through and under all of the hereinafter described real property situated in the County of Larimer, State of Colorado, being described more fully on Exhibit "A" attached hereto, and by this reference made a part hereof, to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time underground utilities. In addition thereto, Grantor grants to the Grantee a temporary construction easement not to exceed forty-five (45) feet on the westerly side of the aforementioned permanent easement for the purpose of constructing the aforementioned public improvements. As a condition of the granting of this temporary construction easement, the Grantee covenants and agrees to restore said lands, landscaping, fences, or other improvements to a level comparable with their original condition. The Grantor further grants to the Grantee: (a) the right of ingress to and egress from said easements over and across said lands of the Grantor by means of roads and lanes thereon; provided, that if any portion of said lands is or shall be subdivided and dedicated roads or highways on such portion shall extend to said easements, said right of ingress and egress on said portion shall be confined to such dedicated roads and highways; (b) the right from time to time to enlarge, improve, reconstruct, relocate and replace any public improvements, or other structures constructed hereunder with any other number or type of public improvements, or other structures either in the original location or at any alternate location or locations within said easements; (c) the right to mark the location of said easements by suitable markers set in the ground; provided that said markers shall be placed in locations which will not interfere with any reasonable use Grantor shall make of said easements. r� Grantor reserves the right to use said easements for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further agree that the uses of said easement by Grantor and the agreements concerning those uses shall be as follows: (a) Grantor shall not erect or construct any building, fence or other structure, or drill or operate any well, or construct any reservoir or other obstruction, or otherwise add to the ground level in said easements; (b) Grantor shall not deposit, or permit or allow to be deposited, earth, rubbish, debris, or any other substance or material, whether combustible or noncombustible, on said easements. (c) Grantor shall not landscape the easement without receiving prior written approval from the Grantee's Planning and Water Utility Departments. It is understood that such approval shall not be unreasonably withheld; and that upon development, large trees shall be held a minimum of 10' off of either side of the actual location of the waterline. The Grantor states that it is the lawful owner in fee simple of the real property described herein; that it has a good and lawful right and authority to grant, sell and convey said property or any part thereof and that it warrants the title of said property. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall run with the property described herein, he binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the Grantor has hereunto set their hand and seal the day and year first above written; and the Grantee has caused this Deed to be executed as an Agreement by its City Manager, attested to by its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to a motion adopted by the City Council of the City of Fort Coll ins on the �`: `` day of / , I % t . , , 198, I MOUNTAINRIDGE FARM, TNC. President By: ATTE-ST: - ` 4n're6tary ',�CbRPORATE SEAL) STATE OF \ ) 5� / ` ' ~ COUNTY OF afiWtr ) Subscribed before hi _LRYday of , as President and � Witness my hand and official seul. My Commission expires: Lb-^WL��r" / 9-011 (' 'N-(5-tary Public H� Accepted by the City of Fort Collins, Colorado this //s�� day of 198< ATTEST: ° City Cterk (CORPORATE SEAL) O By City Manager 3 A PERMANENT 34' UTILITY EASEMENT AND A TEMPORARY 47' CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO DESCRIPTION A 34 foot permanent utility easement and a 47 foot temporary con- struction easement on, over and across a certain parcel of land described in Book 2194, Page 137, Larimer County records located In Section 34, Township 7 North, Range 69 West of the 6th P.M. ("subject parcel"), County of Larimer, State of Colorado, and described as follows: That portion of a permanent easement 34 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be 16 feet Southerly and 18 feet Northerly as measured at right angles and parallel with the Centerline as constructed and the center- line described as follows: Also; a construction easement 47 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be the North- erly 47 feet of the Northerly 65 feet as measured at right angles and parallel with the centerline as constructed and the center- line described as follows: Considering the East-West centerline of said Section 34 as bearing, South 89° 50'46" West and with all bearings contained herein relative thereto. Commencing at the East Quarter corner of said Section 34; thence along said East-West centerline, South 89°50'46" West, 1057.45 feet to a.point on said described centerline, said point also being the POINT OF BEGINNING and on a curve concave to the South, having a central angle of 13022'55", a radius of 589.30 feet and the chord of which bears, North 830 27'47" West, 137.32 feet; thence along said described centerline and the arc of said curve 137.64 feet; thence; South 89050'46" West, 494.72 feet to the Easterly Right -of -Way line of Seneca Drive, said point being the Terminus of said centerline. The location of said easement in relation to the subject parcel is further illustrated on the at- tached Exhibit "A". The above described permanent easement contains 0.491 acres more or less and the above described temporary construction easement contains 0.337 acres more or less and is subject to all other easements, restrictions and rights -of -ways now on record or existing. RBD� Terry G. T/verett..L.S. Colo. Reg. No. 17483 (.q.n�.nnp CenwB.nH EXHIBIT "A" SHEET 1 OF 2 4 A PERMANENT 30' UTILITY EASEMENT AND A TEMPORARY 45' CONSTRUCTION EASEMENT LOCATED IN THE SECTION 349 TOWNSHIP 7 NORTH, RANGE 69 WEST OF 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 15' I'ojw OF INNINI� I I I SCALE 1"=50' I ld Ff Kr1ANVSN'f 45' 60t le-T _`� MOUNTAIN RIDGE FARM INC. PROPERTY BOOK 2194-137 5 0°t' S0 W' W 45.Od e1/4. GdRtJ�1C To- EXHIBIT "A" SHEET 2 OF ' reimbursement directly from the owner or developer of any property which may be subject to assessment in accordance with the terms of this Agreement, the Developer shall immediately upon receipt thereof notify the City, in writing, of the amount collected, the name and address of the person from whom collection was made and the property to which the collection is applicable. 7. This Agreement may not be assigned by the Developer to any other party without the express written consent of the City. The Ordinance is incorporated herein by this reference and it shall govern interpretation of the various provisions of this Agreement. DATED the day and year first above written. -XT\\\t,TEnT. City Clerk PROVED AS O F Assi tant City Attorney THE CITY OF FORT COLLINS, COLORADO AA Municipal Corporation Utilities Director DEVELOPERS:,; By: <'-7a J Title `y t c "/C; S C 5� C" d� By: gi' ( L C i% W" A� Title --� C, nov��tP��L�0o0 t�o�2 N l3 LUW ltl Z 215- O o o � � o1Q r1 D p � Wuj X (z 1--g o )kb ly z W Z tc Q � �1 w � N L �LLJ u1Y� o e /I-15, 57Vr3 /�- 15, 5TVr3 fj,.ta L.I till Iv MINI � QL ( o I 7 h J 3 I PAP �E�1��t�G r 5AWJTAey T6 W W W (Y) Ref # Parcel # 97341-00-002 EXHIBff B Property Owner Mountainridge Farm, Inc. Front -Foot 934' Repay $25,825.10 EXHWIT C TOTAL COST = $25,825.10 = 2$ 7.65 per front foot TOTAL FRONTAGE 934' Ref.# Parcel # Legal Description Front -Foot Repay 1 97341-00-002 See Exhibits A&B 934' $25,825.10 The percentage added to recognize the effects of inflation will be based on the Denver construction cost index published in the "Engineering News -Record" and the following formula: (ENR) Denver construction cost published the month before payment = X (ENR) Denver cost index published 11/14/94 = 4,017.37 X-4017.37=Y Y x 100 = Percentage to be added 4,017.37 Payees -- Deines Lumber Company 60% Seier Construction. Inc. 40% RCPTN # 95078465 12/08/95 14:59:00 # PAGES - 6 FEE - $31.00 M RODrNBERGER RECOP.DER, LARIMER CO17; TY 0 S^ATF DOC FEE - .00 REIMBURSEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1L-111_ day of 4e, , 1995, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as "the City," and Deines Lumber Co., and Seier Construction Inc., hereinafter referred to as "the Developer." WITNESSETH: WHEREAS, Section 26-372 ofthe Code ofthe City ofFort Collins (the "Ordinance") permits a developer, after he has installed a water or sewer line through undeveloped areas of the City, to submit an application to the City for a Reimbursement Agreement which would provide that the developer may be reimbursed a portion of the construction cost of the water or sewer line whenever any property specially benefitted by said line first utilizes said line; and WHEREAS, the Developer has submitted an application to the City for a Reimbursement Agreement as a result of the construction of a 12" water line at the following described location: Starting at an existing 12" stub extended from the existing 12" water line in Seneca Street, then east in the proposed future Troutman Parkway 450 L.F., and ending at a 12" valve with plug and block just west of the Pleasant Valley and Lake Canal Ditch. Said line is further described on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Developer has provided the City with the legal descriptions of all properties specially and directly benefitted by the installation of said line, all as set forth on Exhibit "B," attached hereto and incorporated herein by this reference. NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the 12" sewer line installed by the Developer has been inspected and found to be in accordance with the City standards and requirements. 2. That the Developer has presented the City with adequate documentation to establish that the total cost for the construction of the applicable portion(s) of the aforementioned line is $19,116.00. The oversizing payment to be made by the City to the Developer is N/A. Accordingly, the repayment due to the Developer pursuant to this Agreement shall not exceed the difference between said total cost and said oversizing payment. 3. That, at such time as any of the property specially and directly benefitted by the installation of the improvement, as described on Exhibit "B" attached hereto, should commence activities to utilize said line, then at that time the City may attempt to assess a charge against such property in order to reimburse the Developer for some of the costs associated with the construction of the improvements. For purposes of this Agreement, utilization of said line shall be deemed to commence upon receipt by the City of an application for service and collection of the appropriate fee from the Developer. Such charge shall be on a front -foot basis according to the schedule attached hereto and incorporated herein by this reference as Exhibit "C"and a percentage added to recognize the effects of inflation. This inflation factor shall be calculated using the construction cost index for Denver as published in the Engineering News Record (ENR) of November 14, 1994, and the same index published in the ENR of the month preceding payment of the reimbursement. Should any property anticipated herein to benefit from the installation of said line be developed in such a manner so as to not make direct connection to said line or otherwise directly benefit from said line, there shall be no assessment against that property. Should any property anticipated herein to directly benefit from said line be subdivided into one or more parcels for development purposes, the amount to be assessed shall be based on a pro-rata share of the actual front footage of the property so developed. For purposes of this Agreement, "direct connection/benefit" shall mean physical connection directly to the line installed by the Developer immediately adjacent to the developed property and not connection indirectly through other lines at some other point on the system. 4. Upon the actual receipt of the assessment set forth above, the City agrees to pay the same over to the Developer less three percent (3%) to be retained by the City to defray administrative costs. In no event shall the City be obligated to pay the Developer interest on collected or uncollected fees pursuant to this Agreement. The term of this Agreement shall not extend for a period of more than ten (10) years from the date hereof. 5. The services of the City in attempting to assess and collect the reimbursement fees described herein are offered solely as an accommodation to the Developer. Accordingly, the City will not be liable for its failure in any fashion to collect the monies specified herein and shall have no obligation to commence litigation for the purpose of attempting to make such collection. In the event that the City's attempt to collect such charge and/or the City's withholding of building permits results in the filing of any claims against the City and or the commencement of litigation against the City, the Developer agrees to pay all costs and fees incurred by the City in defense of the same, including without limitation attorney's fees. The Developer further agrees to indemnify and bold harmless the City from any damages or awards arising from or relating to any such claim or civil action. At the City's option, the Developer may be required to provide indemnification in the amount of any damages sought or, if no such amount is specified, then in such amount as the City may consider reasonably necessary to ensure payment of all costs, fees and/or damages which may result therefrom. 6. In the event that the Developer is in default with regard to any other obligation to the City, the City shall have the right to set off any reimbursements that may be due hereunder to satisfy, in whole or in part, any such default. In the event that a Developer has received reimbursement directly from the owner or developer of any property which may be subject to assessment in accordance with the terms of this Agreement, the Developer shall immediately upon receipt thereof notify the City, in writing, of the amount collected, the name and address of the person from whom collection was made and the property to which the collection is applicable. 7. This Agreement may not be assigned by the Developer to any other party without the express written consent of the City. The Ordinance is incorporated herein by this reference and it shall govern interpretation of the various provisions of this Agreement. DATED the day and year first above written. ATTEST(:: City Clerk AP ROVED AS TO FORM: 1 lam, Assis nt City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: <� Utilities Director DEVELOPERS: By: e V Title C 611- Cc. B� Y: Title,r-