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Home My WebLink AboutSILVER OAKS - PRELIMINARY - 14-88F - CORRESPONDENCE - EASEMENTSCITY OF FCOT COLLINS GENERAL SERVICES March 31, 1988 South Taft Hill Investments, Ltd. % Jim Scavo Realty, Inc. 220 East Mulberry Fort Collins, CO 80524 Dear Mr. Scavo: The Water Utility and Planning Directors for the City of Fort Collins have reviewed and approved the Deed of Easement between South Taft Hill Investments, Ltd., a Colorado limited partnership and the City of Fort Collins (copy enclosed). It is agreed that upon development, South Taft Hill Investments, Ltd., a Colorado limited partnership, will not be penalized for landscaping requirements as a result of the existence of this easement. WATER UTILITY DIRECIUR Michael Smith Enclosure GENERAL SERVICES AGREEMENT THI AGREEM NT is made and entered into this �� day of , 19, by and between SOUTH TAFT HILL INVESTMENTS, LTD. a Colorado limited partnership, the mailing address of which is 220 East Mulberry Street, Fort Collins, Colorado 80524 (hereinafter "the Partnership"), and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, the mailing address of which is P.O. Box 580, Fort Collins, Colorado 80522 (hereinafter "the City). W I T N E S S E T H: WHEREAS, on June 14, 1988, the Partnership and the City executed a Deed of Easement (hereinafter "the Easement Deed"), pursuant to which the Partnership has conveyed to the City cer- tain easements (hereinafter "the Easements"); and WHEREAS, the Easements are located along the southerly hcun- dary of a tract of land which is owned by the Partnershipand which is legally described on Exhibit "A" attached hereto and incorporal-c-;d herein by this reference (hereinafter "the Partner- ship Property"); and WHEREAS, the Easements are legally described on Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, the Easements consist of a thirty :=oot (301) per- manent utility easement (hereinafter "the Permanent Easement") and temporary thirty-five foot (351) and fifty ::cot (501) con- struction easements (hereinafter "the Construction Easements"); and WHEREAS, on June 14, 1988, the parties were unable to agree upon the consideration to be paid by the City to the Partnership for the Easements and, accordingly, entered into an agreement contemplating the commencement of eminent domain proceedings for purposes of determining the value of the Easements, which agree- ment shall be hereinafter referred to as "the Consideration Agreement"; and WHEREAS, the purpose of this Agreement is to terminate the Consideration Agreement, and reach accord and satisfaction regarding the consideration to be paid for the Easements; anti WHEREAS, the further purpose of this Agreement is to settle all matters in dispute between the City and the Partnership regarding additional expenses that may be incurr=id by the Part- nership in connecting to the City's sanitary sewer system because of the City's construction of a sixty inch (6011) water line along and in the vicinity of the southern boundary of the Partnership Property as shown on Exhibit "B" and to describe the manner of reimbursement by the Partnership to the City for the City's expenses incurred in the construction of an eight inch (811) sewer line (hereinafter referred to as "the Olander line"), which the parties anticipate will be necessary to serve both the Partner- ship Property and the Olander Elementary School. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable considera- tion, the receipt and adequacy of which are hereby acknowledged, the parties agree follows: 1. The Agreement dated June 14, 1988, (the Consideration Agreement) between the parties hereto is hereby terminated,, can- celled and rendered null and of no further force or effect. 2. The City tenders herewith as full and complete accord and satisfaction, in full and final payment for the Easements con- veyed in the Easement Deed, the sum of Two Thousand Eight Hundred and Forty-two Dollars ($2,842.00)/, receipt of which is hereby acknowledged by the Partnership:' 3. It is understood and agreed between the parties that, because of the City's construction of a sixty inch (6011) water main a.lolg and in the vicinity of the southern :-)oundary of the Partnership Property as shown on Exhibit "B," the Partnership will be unable to connect to the City's sewer main in Horsetooth Road and will, accordingly, find it necessary to connect to the Olander line which the City has installed to the west of Taft Hill Road to Stone Street (approximately 1200 lineal feet; for the purpose of serving the Olander Elementary School. The parties agree that the Partnership will find it necessary to install approximately four hundred eighty feet (4801) of addi- tional service lines in order to connect to the Olander line: what the Partnership would not have needed to install had it been able to connect directly to the' sewer main in Horsetooth Road. Accordingly, the City agrees to pay, as full and complete accord and satisfaction, and full and final settlement of all disputes regarding the Partnership's necessity of installing an additional four hundred eighty feet (4801) of extra service line, the sum of six Thousand Five Hundred Ninety-five and 20/100 Dollars (.$E; 595.0receipted )�, which sum is tendered herewith and hereby for'y the Partnership. This sum is based upon a price of Thir- teen and 74/100 Dollars ($13.74) per foot multiplied by four hundred and eighty feet (4801) of additional service line. 4. it is agreed and understood that the Ci:.y has, at its sole expense, constructed the Olander line and that when the Partnership utilizes said line to serve its development, it shall be obligated to make reimbursement to the City in accor- dance with the City Code, rules and regulations. - 2 - 5. The parties hereto acknowledge that the Easement Deed provides that the Partnership shall not landscape the Permanent Easement without receiving prior written approval from the City's Planning and Water Utility Departments and that trees shall be held a minimum of ten feet (101) off of either side of the actual location of the water line. The parties hereto further acknowl- edge that in connection with the development of the Partnership Property, the Partnership will be required to comply with certain landscaping requirements of the City. The City hereby expressly agrees that any landscaping requirements of the City in connec- tion with the development of the Partnership Property shall be appropriately modified to utilize the Easement area. The City hereby expressly agrees to allow the Partnership to utilize the area of the Easements in satisfying the Partnership's landscaping responsibilities so as not to penalize the Partnership as a result of having granted the Easements to the City. 6. Notwithstanding anything to the contrary contained in the Easement Deed, and so long as it does not unreasonably interfere with the City's use of the Easements, the Partnership shall have the right to install fences over and across the Easements, to construct a parking lot across the Easements, to install or allow to be installed other utility lines within the Easements, such as telephone cable, television cable, and gas, electric and sewer lines, to install or allow to be installed aboveground utility poles on the Easements and to locate enclosed trash containers on the Easements. Any such utility lines shall be installed in accordance with Exhibit "C." The Partnership shall also be „per- mitted to construct a berm across the Easements. 7. In the event of any default hereunder, t]-e non -breaching party shall be entitled to any and all remedies available at law or in equity and to those costs and fees, including reasonable attorneys• fees, incurred in the enforcement of its rights hereunder. 8. This Agreement shall sors and assigns of each party the full agreement between the be binding upon the heirs, succes- hereto. This writing constitutes parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SOUTH TAFT HILL INVESTMENTS, LTD. A ColorAcr5 b4mit9d Partnership cavo;'e,"eneral Partner - 3 - • ATTEST: A PPROV AS TO FORM: 7(/ Deputy City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: city Manager - 4 - • EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE AGREEMENT BETWEEN SOUTH TAFT HILL INVESTMENTS, LTD. ("THE PARTNERSHIP") AND CITY OF FORT COLLINS, COLORADO ("THE CITY") LEGAL DESCRIPTION OF THE PARTNERSHIP PROPERTY The Southeast 1/4 of the Southeast 1/4 and the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of .Section 28, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, EXCEPT that certain parcel of land situate in the Southeast 1/4 of the Southeast 1/4 of Section 28, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the East line of the said Southeast 1/4 as bearing due South and with all bearings contained herein relative thereto is contained within the -boundary lines which begin at a point on the East line of the said Southeast 1/4 which bears North 1283.44 feet from the Southeast corner of said Section 28 and run thence S 89*09108" W 649.98 feet; thence North 50.00 feet to a point on the North line of the Southeast 1/4 of the Southeast 1/4; thence N 89009108" E 649.98 feet to the Northeast corner of the Southeast 1/4 of the said Southeast 1/4; thence South 50.00 feet to the point of beginning.--' (Vacant land, no street address assigned) - 7 - EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE AGREEMENT BET14EEN SOUTH TAFT HILL INVESTMENTS, LTD. ("THE PARTNERSHIP") AND CITY OF FORT COLLINS, COLORADO ("THE CITY") LEGAL DESCRIPTION OF THE EASEMENTS A 30 foot permanent utility easement and a 35 foot temporary construction easement on, over, and across a certain parcel of land described at Book 1643, Page 957 Larimer County records located in Section 28 Township 7 North Range 69 West of the 6th P.M. ("subject parcel")., County of Larimer, State of Colorado,'and described as follows: A permanent easement being the North 30.00 feet of the South 60.00 feet of the Ken -Mark Annexation according to the plat on file in the records of.said County. Also a permanent easement being the West 30.00 feet of the East 60.00 feet of the North 55.00 feet of the South 115.00 feet of the said Ken -Mark Annexation. Also a construction easement being the North 35.00 feet of' the South 95.00 feet of the said Ken -Mark Annexation. Also a construction easement being the West 50.00 feet of the East 80.00 feet of the North 40.00 feet of the South 135.00 feet of the said Ken -Mark Annexation. The location of said easement in relation to the subject parcel is further rlliustrated on the attached Exhibit "A." The above -described permanent 1.37 acres, more or less, and temporary construction easement more or less, and is subject restrictions, and rights -of -way existing. . easement contains the above -described contains 1.61 acres, to all easements, now on record or A PERMANENT 30' UTILITY EASEMENT AND A TEMPORARY 35' AND SO' CONSTRUCTION EASEMENT LOCATED IN SECTAk 28, TOWNSHIP 7 NORTH, RANGE 69 ST OF THE 6th r�!9f., CITY OF FORT COLLINS, COUNTY 0 LARIMER, STATE OF COLORADO TAFT HILL ROAD ROBERT J. SCAYO BOOK 1043 PAGE 957 33D. r•.--. t...,.,..� E1+SEFIEN( +SV COMTKUCTIOH �SEF1Eil1 So EXHIBIT A GtcN1ERlINE hYt Gonr+Eti SCALE V - zoo' SHEET 2 OF 2 A