Loading...
HomeMy WebLinkAbout082 - 08/07/1979 - AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH T.K.G. INVESTMENTS, A LIMITED PARTNERSHIP PLACI v ATTACHMENT "B-1" ORDINANCE NO 82 , 1979 BEING AN ORDINANCE OF THE CITY OF FORT COLLINS AUTHORIZING THE CITf TO ENTER INTO AN AGPEEMENT WITH T K G INVESTMENTS, A LIMITED PARTNERSHIP PLACING LIMITATIONS UPON THE SUNSTONE REZONING WHEREAS, heretofore, T K G Investments, a limited partnership has requested the City to change the zoning classification for property described on Exhibit A of the agreement attached hereto as Exhibit B, from "T" , Transition Zoning District to "R-L-P", Low Density Planned Residential Zoning District, and 'JHEREAS, in approving said zoning the Council of the City of Fort Collins has deemed it appropriate that 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 nereto as Exhibit B NOW, THEREFORE, BE IT ORDAIiNED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That that rPrtain agreement between the City of wort Collins and T K G Investments, a limited partnersnip, a trte copy or whicn is attached hereto as Exhibit B be, and the same hereby is, approved Section 2 That the City Manager be, and he hereby is, authorized and directed to exect,te said agreement on behalf of the City of Fort Collins Introduced, considered favorably on first reading, and ordered pub- lished this 17th day of July, A D 1979, and to be presented for final passage on the 7th day of Auqust, A D 1979 l ATTE4erk ( Passed and adopted on final reading is 7th day cT gust, 1979 _ / 1 or AT'TE I Cam` City Clerk 1,e c ' 5 AGREEMENT THIS AGREEMENT, made and entered into this day of , 19795 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and T K G INVESTMENTS, a limited partnership, hereinafter referred to as the "Owners" WITNESSETH WHEREAS, the Owners are owners of property in the City described in Exh1Dlt A. attached hereto and by this reference made a part hereof, n r and fWHEREAS, the Owners nave petitioned the City to change the zoning classification for such property from "T" , Transition Zoning District, to "R-L-P" , Low Density Planned Residential Zoning District, and WHEREAS, the commercial and residential development of the subject property would be ajustifiable and a desireable use of the property if it were developed as a Planned Unit Development to achieve beneficial land use relationships with the surrounding areas and to improve the design, character and quality of the development, and WHEREAS, the City would be reluctant to zone the subject property to the R-L-P, Low Density Planned Pesidential vere it not developed as a Planned Unit Development since to permit it to develop otherwise could have an adverse impact on neignborino residential areas as well as on the traffic flow of adjacent arterial streets, and WHEREAS, the Owners have agreed to develop the subject property as a Planned Unit Develooment as that term is defined in the Code of the City of Fort Collins i HIIAU 1LM b-o NO'1, THEREFORE, in consideration of the rrutual covenants and obli- gations herein expressed, the parties hereto agree as follows The owners understand and agree that the subject property shall be developed as a Planned Unit Development as that term is defined in the Code of the City of Fort Collins This agreement shall be valid and enforceable only if the requested zoning from "T", Transition to "R-L-P", Low Density Planned Residential zoning district 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 FORT COLLINS, COLORADO, ATTEST a municipal corporation By City Clerk CiLy Manager T K G Investments, a lirrited partnership By Court-Square Investment Co , general partner By James H Tull President 1 w EXHIBIT A �A parcel--of land located in the City of Fort Collins, County of Larimer, State of Colorado,_more particularly described _ as follows The hest nalf of the Southwest Quarter of Section 32, Townsnip 7 North, Range 68 West of the 6th P M , excepting therefrom the- parcel conveyed to School District No 17, --' lying South of the canal of Sprine Canyon Ditcn Company in the Southwest corner thereof, comprising 2 47 acres, and also - -- - — - - - - - - I The South half of the Northwest Quarter of Section 32 , 1 Township 7 North, Range 68 West of the 6th P M , excepting therefrom approximately 3 391 acres in the Southeast corner, as per deed recorded in Book 1498, Page 263 of the Larimer County records , and excepting therefrom the folloei ng described parcel of land i Considering the West line of the Northwest Quarter of said Section 32 as bearing S 00"24'43" E and beginning at the Northwest corner of said South half of the Nortnwest Quarter of Section 32, said point being the true point of beginning, thence along the Nortn line of said South half, S 89'50' 51 " E, 322 37 feet, thence along a line parallel with the 'lest line of said Nortnwest Quarter, S 00°24'43" E, 354 40 feet, thence along a line parallel with the North line of said South Falf, N 89 50'51 " W, '22 37 feet to a point on the blest line of said Northwest Quarter, thence along said West line of said Northwest Quarter, N 00'24'43" W, 354 40 feet to the true point of beginning, containing 2 62 acres more or less