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HomeMy WebLinkAboutANHEUSER-BUSCH INC - Filed OA-OTHER AGREEMENTS - 2002-12-31Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. DATE: Jdnaury 27, 1984 AGREEMENT FACTUAL BACKGROUND OF THIS AGREEMENT Anheuser-Busch Incorporated, is a Missouri corporation having its principal place of business in St. Louis, Missouri. It is hereinafter called "Company." The City of Fort Collins, Colorado, is a municipal corporation dully organized and existing under the laws of the state of Colorado. It; is hereinafter called "City." The Company has petitioned the City for annexation of certain lands, which annexation is requested pursuant to the terms of the Master Agreement between the parties dated December 31, 1982. As a part of the annexation procedures, the Company has further requested preliminary and final approval of its proposed planned unit development for its brewery site, which planned unit development affects only a portion of the property sought to be annexed which portion is described on Exhibit "A" attached hereto. Under the Code of Ordinances of the City of Fort Collins, approval of any planned unit development is contingent upon the satisfaction of a number of requirements, including the proper handling and disposition of stormwaters. The subject of stormwaters is also addressed in the aforesaid Master Agreement. Under the Master Agreement, the Company may dispose of stormwaters under various described options, one of which is set forth in Article V-6. This paragraph provides, in substance, that the Company may elect to provide sufficient stormwater detention on the site to control stormwater drainage and surface water discharges, together with upstream flows which have historically passed over the site, so as to maintain historic flows, or in some other manner as may be agreed upon by others who would be affected. In the event that the option under this paragraph is elected, the Company is to provide an engineering report describing the historic flows and the Company's proposed manner of dealing with them. While the Company has not yet selected from among its options in regard to stormwater discharges its ultimate choice as to their disposition and has requested, in its Master Plan, the right to discharge and control the waters in a variety of alternative ways, as allowed by the Code of Ordinances and the Master Agreement, the Company desires that one of its options should be in full compliance with the terms of paragraph V-6 of the Master Agreement. In regard to such option, the Company has asserted that it is a successor in interest and, accordingly, entitled to the rights and privileges concerning stormwater drainage as are set forth in the Stipulation of the Parties and Order of Court in Civil Action No. 21652 in the District Court in and for the County of Larimer and State of Colorado, which decree and stipulation was entered on the 23rd day of January, 1976, and recorded in Book 1682 at Page 863 of the Larimer County, Colorado, records. The Company therefore proposes to retain the right to control and dispose of its stormwater in the manner contemplated and allowed by such stipulation and decree. The City accepts the Company's position in this regard, but wishes to assure itself that the City assumes no obligations imposed by that decree, nor responsibility for the Company's actions thereunder. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The City accepts the Company's position that the said stipulation and decree grants the Company the right to control and discharge stormwater drainage pursuant to its terms and agrees that the existence of the said stipulation and decree removes any requirement that would otherwise exist for further agreement between the Company and adjacent property owners and affected ditch companies under Article V-6 of the Master Agreement. The City, therefore, further agrees that, so long as the remainder of the provisions and requirements of said Article V-6 of the Master Agreement are met by the Company, the Company may rely upon the stipulation and decree if it selects the option granted by said Article V-6 in regard to stormwater control and drainage for its brewery site. 2. The Company agrees that the Company alone is responsible for its use of the drain in conformity with the terms of the stipulation and decree; that it and the others mentioned in said stipulation and decree are solely responsible for the maintenance of the drain pursuant to the terms of the decree; that the City has no obligation in regard to its operation and maintenance; and, further, that any damages, or claims of damage arising as a result of the Company's use of the drain under the terms of the stipulation and decree or any damages or claims of damages arising as a result of its handling of the stormwater and irrigation discharges from the brewery site are solely the concern and responsibility of the Company and not the concern or responsibility of the City, and that the City's approval of a planned unit development on the brewery site does not imply any acceptance of responsibility in this regard on behalf of the City. Accordingly, the Company does hereby save and hold harmless the City from any and all liability, damages and claims of damages arising as a result of any act or omission of the Company in respect to the Company's use of such drain. ATTEST: i ATTEST: as ANHEUSER-BUSCH INCORPORATED By: , . THE CITY OF FORT COLLINS, COLORADO -2- A portion of the East One -Half (E 1/2) of Section 33, Township 8 North, Range 68 West of the Sixth P.M., City of Fort Collins, County of L•arimer, State of Colorado, which considering the East line of said Section 33 as bearing S 00012'01"E and with all bearing; contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 89053124"W 831.33 feet and again S 00006'36"W 30.00 feet from the Northeast corner of said Section 33 and run thence S 85000'E 593.60 feet along the Westerly right-of-way line of Highway I-25; thence continuing on said Westerly right-of-way, S 000331E 2564.90 feet, and again S 00021'E 241.74 feet; thence leaving said right-of-way line run West 2288.47 feet; thence S 11018136"W 407.92 feet; thence West 25.20 feet to a point on the Easterly right-of-way line of the Burlington -Northern Railroad; thence along said Easterly right-of-way line on the following courses and distances: N 00020141"W 651.34 feet, and again S 89048'27"E 25.00 feet; and again N 00020'41"W 2268.79 feet; thence leaving said Easterly right-of-way line, run East 30.00 feet; thence S 05059120"E 107.09 feet; thence along the arc of a 409.28 foot radius curve to the left, a distance of 455.79 feet, the long chord of which curve bears S 38005148"E 432.60 feet, thence S 70000'E 196.98 feet; thence along the arc of a 509.28 foot radius curve to the right, a distance of 195.55 feet, the long chord of which curve bears S 590001E 194.35 feet; thence S 48000'E 112.96 feet; thence East 460.05 feet; thence North 1029.34 feet to a point or. the South right-of-way line of County Road No. 52; thence S 39053124"E 565.04 feet along said South right-of-way to the point of beginning, containing 132.2878 acres more or less. EXHIBIT A 9227 564609 MR MAY 10 AM1t1`:10 SITE AND LANDSCAPE COVENANTS FOR ANHEUSER-BUSCH, INCORPORATED SUBDIVISION Situate in the NE 1/4 SEC. 33, City of Fort Coll ins�ounty of Lorimer, State of Colorado The undersigned, fee owner of Anheuser-Busch Inc. Subdivision (The Property) located in the City of Fort Collins, County of Larimer, State of Colorado, does hereby make the following declarations as limitations, restrictions and uses to which the Property may be put, and hereby speci- fies that these declarations shall constitute covenants to run with all of the Property and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of the Property, this declaration being signed for the purpose of guaranteeing that the Property will be developed and landscaped ini- tially and ';apt in desirable condition in the future as herein specified. "Owner" shall include the signator to this document and all successors or assigns of said signator. The landscape improvements, parking areas, sidewalks, open spaces and site amenities including, without limitation, energy generation or con- servation amenities, as described in the site and landscape plans submitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plans unless amended pursuant to the approval of the City of Fort Collins. With the exception of lands necessary for construction, the owner shall cause the property to be developed according to the site and landscape plan submitted to and ap- proved by the City of Fort Collins. It is further understood and agreed that the owner of the Property, or its assigns or successors in interest, shall be responsible for the maintenance and care (including necessary replacement of dead grasses, plants, trees or shrubs) of all "planted and landscaped" areas and other amenities within said P.U.D. together with all parking, sidewalks and open space areas and all areas otherwise uti- lized for buffering energy conservation or other site amenity. Should the owner fail in any respect to comply with the terms of this Agreement, the City of Fort Collins upon notifying said owner in writing of the matters in regard to which default is asserted and should the owner fail either to cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right (1) to obtain, in the District Court of Larimer County, -Colorado, a mandatory injunction requiring rectification of the default, or (2) to enter upon said property and perform the work necessary to replace said improvements or maintain the same and the owner shall pay or cause to be paid to the City of Fort Collins such sums necessary to reimburse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. The sum due and unpaid shall accrue interest at the statutory rate for judgements from the date that such sum is due. If said 82271 P1064 billing is not paid, then the City of Fort Collins pursuant to the author- ity granted by these covenants, shall have a lien on the above described property and improvements thereto. Said lien to be exercisable by filing a notice of said lien against said property and improvements thereto; pro- vided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within the Property, if applicable. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for en- forcement of liens against real property and may also, at its discretion, without waiving any other rights it may have pursuant to law, proceed directly with legal action against the owner, its assigns or successors in interest, to collect payment of the reasonable amounts so expended pursuant to the terms hereof. The undersigned, its successors and assigns, hereby expressly reserve the right, with the consent of the City of Fort Collins, Colorado, to amend or restate these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The Anheuser-Busch Inc. Subdiv.which real property shall include the property subject to these Covenants. DATED this 26 tz day of T�t.u� Owner Anheuser-Busch Incorporated A Missouri Corporation By ,'� it e ar y erac a, Authorized ge Ant - �CTTE'ST: As St. e rEt� ry STATE OF COLORADO ) )ss COUNTY OF LARIMER ) hThe.foregoing instrument was acknowledged before me this �% dayof 19Barry by H . Beracha a s Auth . Agt . and as/Secretary Asst. l� Cb4iission expires: -Wi cnes:s-­iy hand and official seal . SANDRA EDINGER, NoWy We Notary Public STATE OF MISSOURL COUNTY OF ST. LOW$ MY COMMISSIOM Ell NO 54V -2- 82271 P1067 564611 COUNIT`t' OF L ,RIMER Sh MAY 10 AN Ii' 10 .�Ti,1 E 0 �G'_ y`A0�' NOTICE Please take notice that on January 24, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Plan of the planned unit development known as ANHEUSER-BUSCH INC., FORT COLLINS BREWERY, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Final Plan of the subject property out of which accrues certain rights and obligations of the developer and/or subsequent owners of the subject 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: A plat. of Anheuser-Busch, Inc., subdivision situate in the east 1/2 of Section 33, Township 8 North, Range 168 West of the Sixth P.M., Fort Collins, Larimer County, Colorado *iiy er e ret ry, anning Coning oar Ci of Fort Collins Dated l °%8 5646 10 084MY 10 AM11:10 82271 P1065 COUNTY OF LATIMER NOTICE S TA T E 011 GO' n" 1 n n-0 Please take notice that on January 24, 1984, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Master Plan known as ANHEUSER-BUSCH PROPERTIES, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Master Plan of the subject property out of which accrues certain rights and obligations of the developer and/or subsequent owners of the subject 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: See attached Exhibit ity er ecr ary, anning oning Board City of Fort Collins Dated: / Page is too large to OCR. 82271 P1066 ,J.....gal d-t:;Scription A tract of land situate in the County of Larimer, State of Colorado to wit: A portion of the North One-half of Section 4, Township 7 North, Range 68 West of the 6th P.M.; ANC► the East One-half of Section 32 and a portion of Section 33, all in Township 8 North, Range 68 West of the 6th P.M., which, considering the South line of the East 1/2 of said Section 32 as bearing N 891 57' 46" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the South 1/4 corner of said Section 32 and run thence N 000 33' 14" W 5290.09 feet along the West line of said East 1/2 to the North 1/4 corner of said Section 32; thence S 89' 41- 08" E 2637.63 feet along the North line of said East 1 /2 to the Northwest corner of said Section 33; thence S 891 53' 24" E 4432.26 feet along the North- tine of said Section 33 to a. point on the Westerly right-of-way line of the Colorado State Highway Department; thence along said Westerly right -of -wall line orv-the following courses and distances: S 00' 06' 36" W 30. 00 feet, and again S. a5' 001' E 593.60� feet. and again S 001 33' E 2564.90 feet, and again S 00* 21' E 2529: 10+ feet, and again S 8e 56' W 769.30 feet, and again S 00' 09' W 60.00 feet, and again S aV 3S' E 763.70 feet, and again S 006`26' 1'i 1948. 98 feet to a point on the- Northerly right-of-way line of the Larimer and Weld Canal; thence along, said- Northerly right-of-way line on the following -„ courses and distances: N- 8V 25° 45" W 92.96 feet, and again S 860 3W 15" W 1900.00 feet, and again S 68' 34•'` 15" W 100.00 feet, and again S 55* 54' 15" W - 200.00 feet, and again S. 36'-' 5LV TV * 200-00 feet; thance S 89* 34' 15 W 15.00 feet to a point on the North -South Center line of said Section 4; thence S 000 03` 25" W 140.00 feet to the Center 1/4 corner of said Section 4; thence N 8.9° 15' 23" W 2627. 54 feet to the West- 114 corner of said Section 4; thence N 000 20' 02" E 2580.04 feet to the Southwest corner of said Section 33; thence N 89' 57' 46" W 2639.51 feet along the South line- of the East 1/2 of said Section 32 to the point of beginning, EXCEPT that tract of land described and recorded in Book 1336 at page 298 in the records of the Clerk and Recorder of Larimer County, more particularly described as follows: Begin at a point on the East right-of-way line of County Road No. 9, which point bears S 00* 35` 40" E 823. T3 feet, and again N 890 24' 20" E 30. 00� feet from the Northwest corner of said Sections 33 and run thence S 35" 00' 40" E 64.22 feet; thence S 290 56' 40" E T14.42 feet; thence S 14' 2r 40" E 95. 50 feet; thence S 02' 34' 40" E 16. 92 feet; thence S 89P 24' 20" W 115.72 feet to a point on the East right-of-way line of County Road No. 9; thence N 000 35' 40" W 262.37 feet to the point of beginning.- The above described annexation contains 1197.74 acres, more or less.. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.