HomeMy WebLinkAboutSCHAULIN ANNEXATION & ZONING - 6-98 - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTSEXHIBIT "C"
Lot.13.: .,.
at the Replat of Lots 11 through 16 of the EAST HMBEARY
SIIBDIVISIoNr County of Larimer, State of Colorado.
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Lot 2, ReFlat bz Lots 14, 15, and 16, of the Fr lat of Lois 11 t'L-ccc^ 16
of Fast r i.1b*--v Subeivisicn. According to t^e reccrded P1a`_ trreof,
Cct nt7-.? of Ia_=^ Ste -a cf colcrado.
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also known as street and nu aber 1405 East Clive St"eet. Fort eci i Lis, CO 3Q521
EXHIBIT "A"
TRACT ONE:
A PORTION OF THE SW 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF
THE 6TH P.M., WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS
SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED
WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2,
BLOCK 1, EAST MULBERRY SUBDIVISION, LARIMER COUNTY, COLORADO, AND
RUN THENCE S. 00 DEGREES 34' W. 503.59 FEET; THENCE S. 89 DEGREES 23' W. 243.23
FEET; THENCE N. 00 DEGREES 24' E. 503.59 FEET TO THE SW CORNER OF SAID LOT 2;
THENCE N. 89 DEGREES 23' 30" E. 244.70 FEET TO THE POINT OF BEGINNING,
COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR
LESS.
TRACT TWO (including Right -of -Way):
A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHICH -
CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23'
E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS
CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH
BEARS N 710 34' E 1324.90 FEET AND AGAIN N 00 °24' E 410.98 FEET FROM THE
SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 000 24' E 503.59
FEET; THENCE N 89° 23' E 120.12 FEET; THENCE N 00' 38' E 844.91 FEET TO A POINT
ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29° 10' 30" E 100.00
FEET; THENCE S 60' 49' 30" E 22.76 FEET ALONG THE NORTHERLY LINE OF LINCOLN
AVENUE; THENCE S 29' 10' 30" W 100.00 FEET TO THE SOUTHERLY LINE OF
LINCOLN AVENUE; THENCE S 00° 38' W 833.59 FEET; THENCE S 00' 24' W 503.59
FEET; THENCE S 89' 23' W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING
2.05 ACRES MORE OR LESS.
IN WITNESS WHEREOF, the parties have executed this Agreement to,be
1998. `.
STATE OF COLORADO )
ss.
COUNTY OF LARRvIER )
The foregoing instrument was subscribed, sworn to and acknowledged before me this
day of iae cL %- l — 19982 by Frederick S. Schaulin.
My commission expires:
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TEST:��/l
City' Clerk
THE CITY OF FORT COLLINS,
a Colorado municipal corporation
By:
John F. kschbach, City Manager
3 Approve S To orm
Deputy City Attorney
berm shall be properly maintained to protect the neighboring properties from
storm drainage crossing, or originating on, the Schaulin Property.
c. An eight (8) foot solid metal privacy fence from a point twenty-five (25) feet
west of the southeast comer of the Welty Property west along the line
between the Welty Property and the Schaulin Property to Block Drive. Such
fence shall be properly maintained by Schaulin on a permanent basis.
2. Schaulin shall insure that the primary access to the Schaulin Property remains Block
Drive and not the access easement which benefits the Schaulin Property on the east boundary of the
Welty Property. Schaulin shall erect a locked gate for emergency vehicles at the northeast corner of
the Schaulin Property along the south boundary of the access easement benefitting the Schaulin
Property on the east side of the Welty Property. Schaulin shall insure that the locked gate in properly
maintained on a permanent basis.
3. Schaulin shall contain appropriately all pollutants produced by the auto wrecking
business, including without limitation, gasoline, petroleum, antifreeze .and freon; on.the Schaulin
Property, so that no contamination occurs on or beneath the neighboring properties.. -
4. If at any time, the Schaulin Property is brought up to the grade of adjacent properties
on either the east boundary line of the Schaulin Property or the south boundary line of the Schaulin
Property, Schaulin shall install an eighteen (18) inch berm of compacted road base material in and
along such places if, at such time, the auto wrecking yard use is continuing on the Schaulin Property.
5. In his use of the Schaulin Property for an auto wrecking yard, Schaulin shall comply
with all applicable governmental requirements, including, without limitation, fire code requirements,
weed control requirements, and environmental protection requirements. If Schaulin should be
required by any governmental entity to take more stringent .precautions or actions than this
Agreement calls for, then Schaulin shall comply with those higher requirements in lieu of those herein.
6. This Agreement shall be binding upon the successors and assigns of the parties, and
shall constitute running with the. land.
7. In the event of breach hereof by a party, the nonbreaching party or parties may, in
addition to all other remedies, seek and obtain specific performance hereof and may, in addition,
recover the costs and reasonable attorney fees incurred by reason of such breach or enforcement.
8. This Agreement will become null and void in the event the Schaulin Property is not
annexed into the City by August 1, 1998. The Agreement will become null and void when the
Schaulin Property is developed according to the terms of a site specific development plan processed
and approved pursuant to the Land Use Code of the City (as said Code may be amended from time
to time).
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PRE -ANNEXATION AGREEMENT
THIS PRE -ANNEXATION AGREEMENT, is executed this =,a day of 4r; /,
1998; by and between THE CITY OF FORT COLLINS, COLORADO (hereinafter referred to as
"City") and FREDERICK S. SCHAULIN (hereinafter referred to as "SchaulW ).
WITNESSETH:
WHEREAS, Schaulin is the record owner of that certain property located in Larimer County,
Colorado, as more particularly described on Exhibit "A" attached hereto and incorporated herein (the
"Schaulin Property"); and
WHEREAS, Schaulin desires that the Schaulin Property be annexed to the City and further
desires. to use the Schaulin Property for an auto wrecking yard; and
WHEREAS, certain neighboring landowners have expressed concerns to the City that the use
of the Schaulin.Property for an auto wrecking yard may cause certain deleterious effects to their
nearby properties; and
WHEREAS, in order to induce the City to annex the Schaulin Property, Schaulin has
proposed'certain measures which Schaulin believes are appropriate to address the concerns of the
neighboring landowners; and
WHEREAS, the purpose of this Pre -Annexation Agreement is to reduce to writing the
measures that Schaulin promises to'take as an inducement to the City's annexation of the Schaulin
Property.
NOW, THEREFORE, for good consideration, the mutual receipt of which is hereby
acknowledged, the parties agree as follows:
1. Within one hundred twenty (120) days after the Schaulin Property is annexed into the
City, Schaulin shall install the following:
a. An eight (8) foot solid metal privacy fence of earthtone colors along the east
property line of the Schaulin Property. Such fence shall be properly
maintained by Schaulin on a permanent basis.
b. An eighteen (18) inch berm consisting of compacted road base material from
a point twenty-five (25) feet west of the southeast corner of the Welty
Property (which property is described on Exhibit `B" attached hereto), to a
point seventy-five (75) feet north of the southwest comer of the Taylor
Property (which property is described on Exhibit "C" attached hereto). Such