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HomeMy WebLinkAbout041 - 04/10/1979 - AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH JOSEPH LACONTE AND ROSE LACONTE PLACING LIMITAT ORDINANCE NO 41 , 1979, BFING AN ORDINANCF OF THE COUNCIL OF Ti-E CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGPEFhSLNT WITH JOSEPH LaCONTE AND ROSE LaCONTE PLACING LIMITATIOP,S UPON THE LaCONTE-EAST -TUART STREET REZONING AND PROVIDING FOR THE ABANDON',ENT AND WAIVER OF A NON-COrIFORMING USE ENTITLEMENT WHEREAS, heretofore, Joseph LaConte and Rose LaConte have requested the City to rezone that certain property described on Exhibit "A," of the Agreement attached hereto as Exhibit "B," from "R-L," Lot Density Resi- dential District, to "R-P , " Planned Residential Zoning District, and WHEREAS, in approving said rezoning, the Council of the Cizy of Fort Collins has deemed it appropriate that certain restrictions be placed upon the use of the subject property, particularly insofar as non-conforming uses are concerneC, and WHEREAS, Joseph LaConte and Rose LaConte have agreed to those re- stricted use restrictions, all as set forth in the Agreement, a true copy of which is attached hereto as Exhibit "b " NOII, THEREFORE, BF IT ORDAINED BY THE COUNCIL OF THE CITY OF FOPT COI LINS as follow; Section 1 That that certain Agreei,ent between the City of Fort Collins and Joseph L-"nnte and Rosc IaConte , a true copy of which ", attached herr.to as Exhibit "B," be, and the same hereby is, approved Section 2 That tie City tanager be, and he hereby is, authorized and directcd to execute said Agreement on behalf of the City of Fott Collins Introduced, considered fav-,rably on first reading and orde-ed pub- lished this 27th day of tiarcn, A *197 be presented for final passage on the loth day of April , A vi �_ym_, ,' +-^ Passe' and adopted on final rcaJina this loth day of April , A D 1979 ESI r iyvC6 ' v w EXHIBIT "B" AGn'MENT THIS AGREMENT, maue and entereu into this day of , 1979 , by and between THE CITY OF FORT ceLL: P'C , CnL nRAnn a Nrrnirinal Cot po, at,o^, 16ere,nafte refer red to as ' tire City , " and JOSEPr LaCONTE AND POSE LaCONTE, husband and wife, hereinafter referred to as ' tire Onneis " WITNESSETH wHEREPS, ine Owners a e o"ners of prope"t, in the Cit " Oort Col ' ^ described on Exhibit "A" attached hereto and by this refe—ncr inane a part hereof, and VHEREAS, the Owners nave petitioneG tine C r Ly to Lllr TJyt, urtt emu- mq classification for sqch property frion the "D-L," Lo.. De-s t,, Des de^till District, to the ' R-P," Planned Residential Zoning District, az; UhEREAS, the Subject property presently is utilized in part as the site for a drive-in theatre, a non-conforming use ab tnat to m is defined in the Zonhnq Code of the City of Fort Collins, and WHEVAS, while it is appiopr late the pi onerty Le rani ied frc i V_ "R-1 ," lot, Density Fesidential Cistr ict, to the "R-P," Plapred Residert, ai loninq Uistncct, it is noted that the City would be reluctant to rezone the pr opci ly if the non-conforn inq use r cfer r ed to aho c r ` tc, continuc, it being recognized that the continuation of toe non-confo, r y _so r jy vex have an adverse impact on neighboring res 0ential areas as e ' a2 on tht tr°Ffic flow on adjacent streets NOW, THEREFOPE, IN' CONSIDERATION OF THE MUTUAI COVFN,NTS AND UBLIGA- TIOV HEREIN EXPRESCED, it is agreed by aid betweer trie p,rtieb hereto as fol loi s Section 1 That the non-confor"iinn use status and entitlement for the subject property, as set foitl above, is he eby abandoned, t%aiveo, ter- minated, and otherwise extinanhsned, e,.cept that the present utilizar.lun of the property as z site for a drive-in theatrehall be pernitted t , conLh- nue for a period not to exceed fifteen (15) mcnth- Section 2 Ihis frgrecTnot Shall be valho and enforceable oniti if regrested zoninq from "P-1 ," Low Density R-sldential District, to "F -P," Planred Pesidential Zoring District , is apoiovpd by the Coun-rl of t P Citt, of Fort Collins 1 • S Section 3 This Agreement shall run with the land and shall be bindinq upon all future owners, their heirs, representatives, successors and assigns IN WITNESS l'N17REOF, the parties hereto have caused this Agreement to be signed this day of , 1979 CITY OF FORT C1)LLI A CUI-OP 400 A Municipal Corporat V- By City Mranage, ATTEST I. IIY LItrr, JOSEPFI LaCO I ROSE !_rrr KITE APPPOVEU AS TO FORD' City Attorney -7- EXHIBIT "A" • A is cc} of 1c1U s'tL'az2 In %lie .SE '1/4 OT L('e "'a 1/4 of Se.ti^Jn 24, To)+nshlp 7 No7Lh, Rage nj of t-e ect' P.M , descrioeu as rol ions CoMn.Erl- 1 vy rnrner Clt said SE 1/4 of the M4 1/4 and run thence S 00'07'30" 1262-4 feet along the East line of saie SE 1/4 of the Lu 174, thence N 71 *14' W 129 8 feet, thence r. 42`55 6 188 6 feet, thence N 64026' 0 116 2 feet, thence N 72`35' W 78 5 .�eety t�%i�� J 7J�JU, •i J7 U 1 tet, tnencE fA 010" 120in c :,it a line per dl iel to the East l ine of said SE 1/4 of the h;: 174 1024 3 feet to the North line of cq thence along ,aid North line N 89*56' E A86 6 less, to the point of beginn .ng