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Home My WebLink AboutOAK RIDGE WEST 1ST FILING HEALTHCARE INTERNATIONAL - FINAL - 23-87B - - ROW RELATED DOCUMENT (6)a-3_'97. CITY OF FORT COLLINS OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT MEMORANDUM TO: Steven C. B tt, City Manager FROM: Tan Pe rs r Planning DATE: September 3, 1987 RE: Agreement for Oakridge West P.U.D. First Filing. Attached for your signature is an agreement between the City and "Everitt and KEM". This agreement pertains to the terms and conditions on which Tract A, of Oakridge West P.U.D. First Filing, will be dedicated for public use as a street. This project was approved by the Planning and Zoning Board on August 24, 1987. A copy of the Staff report is attached.. Please sign the agreement and return to me. If you have any questions or need additional information please call me at X6751. 300 LaPorte Ave. a P.O. Box 580 • Fort Collins, Colorado 80522 o (303) 221-6750 OFFICE OF DEVELOPMENT SERVICES, PLANNING r RCPTN # 87054591 09/107 10:42:38 # OF M. RODENBERGER, RECORDER - LARIMER COUNTY CO PAGES 5 FEE - $15.00 STATE DOC FEE- $.00 AGREEMENT This Agreement is entered into August 21, 1987 by and between Everitt Enterprises Limited Partnership No. 1, a Colorado limited partnership, and KEM Homes, Inc., a Colorado corporation (collec- tively referred to herein as "Everitt and KEM"), and the. City of Fort Collins, Colorado, a municipal corporation (the "City"). Recitals Everitt and REM are the owners of certain real property with- in the City of Fort Collins, Colorado identified as Oakridge West P.U.D., First Filing, a Tract of Land located in the Northeast Quarter of Section 1, Township 6 North, Range 69 West of the 6th P.M. , City of Fort Collins, County of Larimer, State of Colorado ("Oakridge"). On the Plat of Oakridge West P.U.D. First. Filing (the "Plat"), Everitt and KEM are dedicating for public use certain property described on the Plat as Rule Drive. Additional property to the west of Rule Drive, identified on the Plat as Tract A -Utility Easement ("Tract A"), will be pres- ently dedicated by Everitt and KEM as a utility easement but will not be presently dedicated as a street. By this Agreement, the parties wish to set forth the terms and conditions on which Tract A will be subsequently dedicated for public use as a street. Agreement In consideration of the mutual covenants contained in this Agreement, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as fol- lows: 1. Conditions for Dedication. At no cost to the City, Everitt and REM will dedicate Tract A to and for public use as a street upon the earlier of the following events: a. The City's issuance of the first building permit. for the Healthcare Colorado, Inc. Medical Office Building (Phase II development as finally approved August 24, 1987), to the extent that Tract A is then necessary for access to said Building. b. The City's final approval of development of that parcel of land lying immediately to the north of Oakridge, presently owned by Everitt and KEM, which property is legally described on Exhibit A, attached and incorporated by refer= ence, to the extent Tract A is then necessary for access to said parcel. Page 1 of 3 11 L] c. The City's final approval of parcel of land immediately to the west owned by Oak. Farm Inc., which property on Exhibit B, attached and incorporated extent that Tract. A is then necessary parcel. development of that of Oakridge presently is legally described by reference, to the for access to said 2. Costs_ of Improving Tract A. In the event Tract A is dedicated under Section 1 above, the dedication shall be of Tract A plus fully completed street improvements, including without limitation, street, curb, gutter, sidewalk, lighting, and utility improvements. All costs of constructing such improvements on Tract A will be borne by the landowner whose development has triggered the dedication. Such improvements shall be made in accordance with all then existing applicable City requirements. 3. Term. If none of the events described in Section 1(a) through 1(c) above have occurred by August 21, 2008, then this Agreement shall at that time become null and void, and all obliga- tions of Everitt and KEM hereunder shall terminate without further action by any party. Furthermore, in the event of such termina- tion, any restriction contained on the Plat regarding the dedica- tion of Tract A shall become null and void without further action by any party. 4. Entire Understanding. This Agreement constitutes the entire understanding between the parties and incorporates all previous negotiations and agreements. Any change in the Agreement must be in writing executed by all parties. 5. B 11.nd1n Effect. This Agreement shall be binding upon the parties, their respective successors, grantees and assigns. 6. Recording. This Agreement shall be recorded with the Clerk and Recor er of Larimer County, Colorado. Dated the date set forth above. EVERITT ENTERPRISES LIMITED PARTNERSHIP NO. 1, a Colorado limited partnership BY: EVERITT NTERPRISES, INC., a Coloradcy�co ratio aging Partner By Gerald R. axton, Presi ent Gar . Sauder, Vice President Tre surer and Assistant Secretary Page 2 of 3 J KEM HOMES, INC., a Colorado cor or tion $y • s� \ William R. Krug, Presid t E l _ Y�5 •,:� j• n,.`" 11 C� y Hoziekj ant Secretary J�'at90i1 ::5 CITY OF FORT COLLINS, COLORADO, a municipal corpor ion By. i City Manager ATTtST. r� l it I let APPRt' E9 S' 0 FORM Le" W. Paul Eckman, Assistant City Attorney Page 3 of 3 Jamesi. S®vvart and Associates, Inc. ' \ Consulting Engineers and Surveyors Y Leboreloryc V` P.O North Howes Street P.O. Lincoln Court P.O. Box 429 P.O. Box 429 Fort Collins, Colorado 80522 Fort Collins, Colorado 80522 (303) 482.9331 (303) 484 6309 DESCRIPTION OF KEM/EVERITT EXCEPT SOUTH LEMAY RIGHT-OF-WAY A tract of land situate in the Northeast 1/4 of Section 1, Township 6 Range 69 West, of the Sixth P.M., City of Fort Collins, County of Larioter, State of Colorado, which, considering the East line of said Northeast 1/4 as bearing S 00° 10' W, and with all bearings contained herein relative thereto, begins at a point on the West line of South Lemay Avenue which bears S 001 10' W 12.70.69 feet, -and again N 89° 50' W 63.00 feet from the Northeast corner of said Section 1, and runs thence S 00° 10' W 491.52 feet; thence N 890 50' W 637.00 feet; thence N 00* 10' E 462.21 feet; thence along the arc of a 400 foot radius curve to the right a distance of 29.34 feet, the long chord of which bears N 02° 16' 314' E 29.33 feet; thence S 890 50' E.635.92 feet to the point of beginning, containing 7.1883 acres. 1�NC f �C i s N , � o A EXHIBIT A v a �U110�� DEED -FROM EVERITT ENTERPRISES, INC. 0 OAK FARM INC.. DATED JANUARY 5, 1982 Apart of the Northeast k of Section 1, Township 6 North, Range 69 West of the Sixth P.M., City of Fort. Collins, County of Larimer. State of Colorado, which, considering the east line of said Northeast k as bearing S 00*10' W, and with all bearings contained herein relative thereto, begins at a point on said east line which bears S 00*10' 14 81.n0 feet_ from the Northeast corner of said Section 1, and runs thence along said east line, S 00010' if 819.00 feet; thence N 89*50' 1.1 300.00 feet; thence along the arc of a 400 foot radius curve to the left a distance of. 628.32 feet, the long chord of which bears S 45*10' W 565.69 feet; thence S 00010' W 1345.41 feet to the south line of said Northeast k to a point which bears N 89°56'50" W 700.00 feet from the East k corner of said Section 1; thence along the south line of said Northeast k, N 89°56'$0" W 1800.95 feet; thence 11 32°13'45" 1-1 284:41 feet to the west line of said Northeast k; thence along said west line, N 00°11'05" E 1736.51 feet; thence S 89048'55" E 400.00 feet; thence N 0001.1'05" E 565.00 feet to the southerly line of Colorado State highway No. 68; thence along said southerly line, S 86*16' E 50.93 feet, and again along said southerly line, N 83*39' E 603.60 feet; and again along said southerly line, N 89°55'30" E 600.00 feet, and again along said southerly line, N 89°45'15" E 921.30 feet, and again along said southerly line, S 46021'31" E 70.00 feet, and again along said southerly line, N 89055'30" E'30.00 feet to the point of beginning. EXHIBIT B