HomeMy WebLinkAboutOAK RIDGE WEST 1ST FILING HEALTHCARE INTERNATIONAL - FINAL - 23-87B - - ROW RELATED DOCUMENT (7)A
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ARTHUR E. MARCH, JR.
RAMSEY D, MYATT
MARK L. KORB
JOSEPH T: CARROLL, JR.
ROBERT W. BRANDES, JR.
RICHARD S. GAST
LUCIA A. LILEY
J.BRAOFORD MARCH
HAND DELIVER
MARCH, MYATT, KORB, CARROLL & BRANDES
ATTORNEYS AND COUNSELLORS AT LAW
ROBERTSON BUILDING
110 EAST OAK STREET
FORT COLLINS, COLORADO 8OS24
(303) 482-4322
TELECOPIER (303) 482-2962
Mr. W. Paul Eckman
Assistant City Attorney
300 LaPorte Avenue
Fort Collins, CO 80521
August 20, 1987
ARTHUR E-. MARCH
1909-1981
MAILING ADDRESS:-
P. O. BOX 469
FORT COLLINS, CO 80522
kt -
Ion ly
Alr-
Re: Oakridge West P.U.D., First Filing
Rule Drive Dedication
Dear Paul:
Enclosed is the revised Agreement resulting from the Thursday
morning phone conference with you, me, Tom Peterson and Bob
Zakely. The revisions appear in paragraph 3 of the Recitals,
Section 1(a) and Section 2.
Unless I hear from you by the end of the day, I will assume
the Agreement as revised meets with your approval. Thank you for
your cooperation.
Very truly yours,
MARCH, MYATT, KORB, CARROLL & BRANDES
RSG:pav
Enclosures
cc: Tom Peterson, Planning Director
Robert Zakely
Oak Farm Inc.
Eldon Ward
feTe37a"U -Dmi► ri
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 KEM 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 KEM 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
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 a ove, 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. Binding 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 Recorder of Larimer County, Colorado.
Dated the date set forth above.
EVERITT ENTERPRISES LIMITED
PARTNERSHIP NO. 1, a
Colorado limited partnership
BY: EVERITT ENTERPRISES, INC., a
Colorado corporation, Managing Partner
By:
Gerald R. Haxton, President
ATTEST:
Gary W. Sauder, Vice President
Treasurer and Assistant Secretary
Page 2 of 3
L]
KEM HOMES, INC., a
Colorado corporation
By:
William R. Krug, President
ATTEST:
Tracy-Hozie, Assistant Secretary
CITY OF FORT COLLINS, COLORADO, a
municipal corporation
By:
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
W. Paul Eckman, Assistant City -Attorney
Page 3 of 3