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HomeMy WebLinkAboutPARK SOUTH PUD - OVERALL DEVELOPMENT PLAN - 46-88B - LEGAL DOCS - LEGAL DOCUMENTS (2)4 Changes made by the City of Fort Collins to paragraph 3 of the redraft of the settlement agreement: 3. (a) Upon payment of the funds and conveyance of the property as described in subsection 1(a), the City, Middel Enterprises and Park South shall file a stipulated motion in Civil Action No. 86 CV 471 requesting that the Court vacate all previous orders and judgments relating to the legal effect of reservation language contained on the plat of Park South Subdivision. All parties agree to cooperate with the City and Park South in this endeavor. All other orders of the Court in that action shall be final and non -appealable. Qb) The City agrees that it has relinquished all right, title and rest in, or claim to, any easement over Tracts G, H and J-P of Park South Subdivision, except that such release shall not: (i) affect the City's right, title and interest in the property condemned by the City in Civil Action No. 86 CV 471; (ii) limit the City's right to require that any development of Park South Subdivision occur in accordance with the plat and plans approved by the City when such subdivision was annexe3 y the City, (as well as the letters dated June 15, 1978, from Ronald Strahle to Arthur March and June 15, 1978, from John Arnold to Ron Strahle), or in accordance with any other plat or plan which may be subsequently approved by the City. (c) The City also hereby relinquishes any right, title or interest in, or claim to, any easement in the property described in Exhibit A to this agreement, except an easement for storm drainage purposes to carry upstream waters onto and through such property into the Tract A Detention Pond situated in Four Seasons Fifth Filing PUD. Park South may relocate this easement for storm drainage waters on the property so as to accommodate the development of the property, provided that any such relocation shall be approved by the City's Manager of Stormwater Utility and, so long as any such relocation does not diminish the quantity or rate of flow of storm waters presently delivered onto the property and does not necessitate the construction of any additional, off - site storm drainage improvements. (d) The City hereby approves and accepts the subdivision improvements installed in and on Manhattan Avenue and Stream Court: i The City will maintain Horsetooth Road, Manhattan avenue, Dennison Avenue (formerly known as Boulder Avenue) and Walden Way as public streets. (e) Concurrently with the commencement of development of Park South Subdivision, but not later than December 31, 2010, the owner of Park South Subdivision shall execute. and deliver deeds of easement to the City to ensure that all private streets shown on the plan for the Park South Subdivision can be lawfully used for emergency access and for the installation of water, sewer, electric and storm drainage facilities to serve Park South Subdivision. The City shall be entitled to such deeds without the payment of any consideration other than the amounts to be paid under this agreement. (f) Upon payment of the funds and conveyance of the property as described in subsection 1(a), the City, Middel Enterprises, Park South and Horsetooth shall execute and record a document summarizing the provisions contained in subsections 3(b) through 3(d) and in sections 8 and 9 of this agreement. (g) Upon payment of the funds and conveyance of the property as described in subsection 1(a), Brown Farm, Wheeler and Martin shall execute a Quit Claim Deed to terminate any interest they may have or assert in Park South Subdivision.