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Home My WebLink About085 - 08/07/1979 - AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE ARYAN LAND AND DEVELOPMENT COMPANY, THE DRA I ORDINANCE NO 85 , 1979 BEIP'G AN ORDINANCE OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE ARYAN LAND AND DEVELOPMENT COMPANY, THE DRAKE-SHIELDS INVESTMENT CORPORATION, AND TIDE DAN E KING AND RONALD G FRANK PARTNERSHIP PLACING LIMITATIONS UPON THE RAINTREE PEZONING WHEREAS, heretofore, the Dan E king and Ponald G Frank partnership has requested the City to rezone that property described on Exhibit A of the aqreement attached hereto as Exhibit B, from "R-L" , Low Density Residen- tial , "R-M" , Medium Density Residential , "P-H" , High Density Residential , and "R-P", Planned Residential to "R-M-P" , Medium Density Planned Residen- tial and "B-P" , Planned Business District, and IIHEREAS, in approving said rezoning the Council of the City of Fort Collins nas deemed it appropriate tnat certain restrictions be placed upon the use of the subject property, and WHEREAS, the owners of the subject property agreed to these requested use restrictions, all as set forth in the agreement, a true copy of which is attached hereto as Exhibit B NOW, THEREFORE, BE IT OPDAINED BY ThE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That that certain agreement between the City of Fort Collins and Aryan Land and Development Companj, the D-ake-Shields Invest- ment Corporation, and the Dan E King and Ronald C Fran< partnership, a true cony of % high is a+tached ne-c-tn as EYhibil B be an❑ tn.- same heresy is, approved Section 2 That the City Manager be, and he hereby is, authorized and directed to execute said agreement on oeoalf of the City of Fort Collins Introduced, considered favorably on first reading, and ordered pub- lisf,ed this 17th day of July, A D 1979, and to be presented for final passage on the 7tn day of August, A D 1979 0111ayor .. T L -_ City Clerk Passed and adopted on final reading this 7th ugust, 1979 Mayor ATTEST City Clerk AGPEEMENT r i THIS AGREEMENT, made and entered into this � day of , 1979, by and betveen THE CITY OF FORT COLLINS , COLORADO, a municipal corporation, hereinafter referred to as the "City", and THE APYAN LAND AND DEVELOPMENT COMPANY, a Colorado corporation, DRAKE - SHIELDS INVESTMENT CORPORATION, and DAN E KING and RONALD G FRANK, a Colorado partnership, het einaftpr referred to as the "Owners" WITNESSETH WHEREAS, the Owners are owners of property in the City described in Exhibit A, attached hereto and by this reference made a part hereof, and WHEREAS, the Owners have petitioned the City to change the zoning classification for sucn property from "R-M" , Medium Density Residential, "R-L" , Low Density Residential , "R-H", Hign Density Residential , and "R-P", Planned Residential zoning districts, to the "B-D", Planned Business, and "R-M-P" , Medium Densicy Planned Residential zoning districts, and WHEPEAS, the owners desire to develop approximaLely 30 36 acres of R-il-P, Medium Density Planneo Residential District property and 7 0 acres of Planned Business District property, adjacent to an existing 8 1455 acre planned biisiriess area, and WHEREAS, the development of the Subject property as set fortn above hould be justifiable and a dpsireable use of the oroperty if it were developed as a Planned Unit Development in order to achieve beneficial land use relationsiips witn the surrounding area arid to improve the design, character and quality of the develnpi�ient, and IrHEPEAS, the City wood be reluctant to rezone the subject property absent assurances it would be developed in accordance wish a Planned Unit Developmeit since sucn uncontrolled development could have an adverse impact on neighboriog residential areas -i-, well as on the traffic flog of adjacprit arterial streets arid s t r '11HEREAS, the Owners have aqreed that the subject property should be developed as a Planned Unit Development as that terin is defined in the Code of the City of Fort Collins NOW, THEREFORE, in consideration of the mutual covenants and obli- gations herein expressed, the parties hereto agree as follows The properties which are the subject of this agreement shall be developed as a Planned Unit Development as that terw is defined in the Code of she City of Fort Collins This agreement shall be valid and enforceable only if the requested rezonings to B-P, Planned Business, and R-M-P, Medium Density Planned Residential zoning districts is approved the City Council of the City of Fort Collins This agreement shall run with the land and shall be binding upon all future owners, their heirs, their representatives, successors and assigns iN WITNESS WHEREOF, the parties hereto have caused this agreement to be entered into the day and year first hereinabove written THE CITY OF FOPT COLLINS, COLORADO, ATTE-)T a .nunrcipal --orporit,oi _ By City Cler, City Manager AR4YN LAND AND DEVELOPMENT CONIDANY a Colorado corporation By ATTEST T.tle CAN E KING AND RONALD G FRANK , a Colorado partnership Secretary By DRAKE-SHIELDS INVESTMENT CORPORATION ATTEST By Secretary i 1fi r� �Ha.WrY .. � . • ,��..x+ ow�.v i .. .. -. 4 J^..a -` cr hir.t+'4 5o k iN.. `1 ti--.ram Y�.. ..♦ rr.+n t n.n w.. nw. +` .w .�+rr mar y1�.� EXHIBIT A Tracts To be Rezoned "B-P," Planned Business - A tract of land situate in the Southeast 1/4 of Sect-on 22, Township 7 North, Range 69 West of the Sixth P M , Fort Collins, Colorado, which considering the Sown line of the said Southeast 1/4 as bearing due East and with all bearings contained herein relative thereto is contained within the boundary lines eihich begin at a point on the West line of South Shields Street i.rhicn bears Test 50 00 feet and again N 00'21 'W 432 01 feet from the Southeast corner of said ;action 22 and run thence West /47 56 feet, thence 11 25'44' 20" E 447 61 feet, thence along the arc of a 245 00 foot radius curve to the left a distance of 230 19 feet, the long chord of which bears N 75'35' E 221 82 feet, thence S 33°37' 15" E 159 91 feet, thence N 89°39' E 250 00 feet, thence S 00021 ' E 330 13 feet to the point of begin- ning, containing 5 6110 acres, more or less, i And also a tract of land situate in the Southest 1/4 of Section 22, Townsnip 7 North, Range 69 West of the Sixth P M , Fort Collins, Colorado, which considering the South line of the said Southeast 1/4 as bearing due East and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of South Shields Street which bears West 50 00 feet and again N 00'21 'I4 762 14 feet from the South- east corner of said Section 22 and run thence S 89`39' W 250 00 feet, unt-rice N 23"37' 1') ' 1i 155 91 ,`r, tintncE. along the arc of a 390 00 Foot radius curve to the right a dis- tance of 283 73 feet , the long chord of which bears N 69030 ' 30" E 277 51 feet, thence S 89*39' E 75 00 feet, thence S 00' 21 ' E 225 00 feet to the point of beginning, containing 1 4347 acres, rrore or less, Tracts to be Rezoned "R-11-P," t'edium Density Planned Resi- dentia Two tracts of land situate in the Southeast 1/4 of Section 22, lownship 7 North, Range 69 West of the Sixth P t1 , Fort Collins, Colorado, which considering the South line of the said Southeast 1/4 as bearing due EZst and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N 00 21 ' W 50 00 feet and again West 980 00 feet from the Southeast corner of said Section 22 and run thence 'lest 1184 00 feet, thence North 220 00 feet, thence N 41 *32' E 110 00 feet, thence N 07' 40' E 90 00 feet, thence N 65' 18' E 396 00 feet, thence N 62° 30' E 268 00 fept, thence N 31 ' 44' 30" E 199 67 feet, thence N 220 05' E 189 00 feet, thence N 540 40' E 120 00 feet, thence N 73' 42' E 227 00 feet, thence N 570 38' 50" E 219 19 feet, thence S 89' 53' 30" E 746 72 Exhibit A Page 2 feet, thence S 00` 21 ' E 80 57 feet, thence S 89' 39' W 188 27 feet, thence S 00* 21 ' E 197 00 feet, thence N 89' 39' E 188 27 feet, thence S 00* 21 ' E 60 00 feet, thence N 89' 39' W 75 00 feet, thence along the arc of a 390 00 foot radius curve to the left a distance of 283 73 feet, the long chord of which bears S 69' 30' 30" W 277 51 feet, thence along the arc of a 245 00 foot radius curve to the right a distance of 270 10 feet, the long chord of which bears S 80° 15' W 256 63 feet, thence 11 68' 10' W 100 00 feet, thence along the arc of a 195 00 foot radius curve to the left a distance of 554 75 feet, the long chora of which bears S 30' 20' W 385 72 feet, thence S 51 ' 10' E 90 02 feet, thence i along the arc of a 365 00 foot radius curve to the right a distance of 87 91 feet, the long chord of which bears S 44° 16' E 87 70 feet, thence West 180 10 feet, thence South 382 00 feet to the point of beginning, containing 27 7546 acres, more or less i AND ALSO, beginning at a point which bears West 50 00 feet and again N 00* 21 ' W 432 01 feet and again West f 747 56 feet from the Southeast corner of said Section 22 and run thence along V e arc of a 365 00 foot radius i curve to the left a distance of 87 91 feet, the long chord of which bears N 44' 16' W 87 70 feet, thence N 51 ' 10' W 90 02 feet, thence along the arc of a 195 00 foot radius curve to the right a distance of 554 75 feet, the long chord of which bears N 30' 20' E 385 72 feet, thence S 68' 10' E 100 00 feet, thence along the arc of a 245 00 foot radius curve to the left a distance of 39 91 feet, the long chord of which bears S 72' 50' E 39 87 feet, thence S 25' 44' 20" W 447 61 feet to the point of beginning, containing 2 5792 acres, more or less I