HomeMy WebLinkAboutLINK-N-GREENS ANNEXATION & ZONING - 49-87, A - LEGAL DOCS - LEGAL DOCUMENTS+ ' �
OUT OF CITY SEWER SERVICE
AGREEMENT
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THIS AGREEMENT made and entered into this ,3 � day of e c, ,
A.D. l 9�6 by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as City, and y(�r c���tv li(/�i�s ��r of
Larimer County, Colorado hereinafter referred to as Applicant, WITNESSETH:
WHERfAS, Applicants are owners of certain property (hereinafter referred
to as "the property") described on attached Exhibit A attached hereto and
incorporated herein by this reference;
WHEREAS, Applicants have applied for a sewer tap on the City's water
system for use outside ihe City limits for property, which property is
situated in the County of Larimer, State of Colorado; and
WHEREAS, the City may furnish sewer service outside the corporate City
limits only upon certain conditions as set forth in Section 112-126 of the
Code of the City of Fort Collins; and
WHEREAS, Applicants agree to comply with all the conditions of the above
stated ondinance.
NOW, THEREFORE, in consideration.of the premises and the terms of the
within agreement, it is mutually agreed as follows;
1. City hereby agrees to grant to Applicants a tap on the City's sewer
system, said tap to be used only on the property.
2. It is understood and agreed that the granting of said tap is subject
to the terms of all ordinances of the City and Applicants agree for
themselves, their personal representatives, heirs, devisees, successors, and
assigns to comply with the provisions of said ordinances, more particulary:
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a. That at such time as the property is eligible under the laws of
the State of Colorado and the ordinances of the City of Fort
Collins, Colorado then in effect for annexation to the City and upon
appropriate request of the City through its duly authorized agents,
they will join in a petition requesting annexation to the City and
will do all other things necessary, requiste and proper in order to
annex said property to the City.
b. That the sewer line to be installed by Applicants shall be
installed in accordance with the specifications of the City and
shall be subject to the express approval of the City Engineer..
c. That Applicants promptly pay all applicable fees and charges for
a tap on the City's sewer system and in the event of their failure
to do so the Gity shall have a lien on the property to the extent of
any unpaid fees or charges which lien shall be enforced as provided
in the ordinances of the City,
d. The City is held harmless from any claim or liability arising
out of failure of the owner of the property to comply with any
existing laws or from any other action regarding the construction or
operation of such utility service.
3. It is expressly agreed and understood that the tap granted herein is
revocable and may be terminated or suspended by the City for failure of
Applicant to comply with each and every term contained herein as determined by
the City or whenever in the City's judgment the sewer capacity used under the
permit is necessary for the use of the inhabitants of the City.
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4. The Applicant agrees to fully comply with all conditions for
furnishing service as said conditions are enumerated in Section 112-16 of the
Code of the City of Ft. Collins in effect as of the date of this agreement.
5. Wherever used herein and applicable hereto the singular shall include
the plural, the masculine shall include the feminine, and the individual shall
include the corp:orate.
6. This agreement shall be a covenant running with the property and
shall be binding upon the Applicants, their heirs, devisees, personal
representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
Approved as to Form:
G��
C' y Attorney -
Attest:
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Applicants
.
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City of Fort Collins
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C�ty Manager
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TkACT A: A tract of land situate in the Sautheast 1/4 of Secti`on 1�.,� �mship �i �--
North, Ranye 69 West of the Sixth P.�1., Larime:r County, C�lorado wh1� c t r-
ing the East line of the said Southeast 1/4 as bearin S Qi�° 05'�U3"� �i a»d �eit�h
att t�earings', contained herein relative thereto, be, ins at a
g point which bears
N t39° :;7' W 100�.2t3 feet, and again S�5`' S8' Uti'' W 3U:16, feet from t�= East 1%4 .
corner of sa;i¢ Section 1�, an�i run thence N e9° yl' �I 925:;�$� feet; ti�ett� S t)9°
�� 1�" 1��:52 feet to a poi nt on tne tdertheast si:de of the. Poudre 7r�ai 1; . th�te y`
a 1 ony sa i d Poudre Tra i 1 S'L� ' 4�' 30" t�3, 22 feet; t9�ence �
�,:.I l°,� ' 1 Q'�� E. 1�i4. �4
feet; tr�ence S 09" 2ti' yu" W 15U.0� feet; the�e S� 33° 23'.;��5" w�'i5;;�g �e�±t; tnee�e
S 09° Gb' 1�" W 135.42 feet; thence S 2�° J7'..,30" � Z17.3���t; therrce��long-.,tbe
arc of a 22�.OJ foot radius curve to the �,}eft, a dfsta��. of. ��,34 9'ee� , the.long �
cnord of which bears S 67° 31' 3U" t 279,$7 f�et; �ne�,� 7ta ��� 3U" �7.F0 -
feet• thence � ° ' �� � ,
� S�4 52 46 E 3U3.45 feet; tt[ence.: PI.�'i` 5��' t�" ' E 1G75. S7 r�eeE �
to the point of [�eyinning, containiny 36.0556 aCre�,nrore vr.'T'�s�; _
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TitACT 6-1": �A tract of land situate in the�ou. � ''�'�� `� - �� � L.` �ip,.����
7 t�orth, �:anye �y �lest of the Sixth P.fi., La��er;; �`�
f�nt� t. �al orado, � a�i c#� co�s:ider— ♦
iny the Last line of saiu Southeast 1/4 as t��:i�j S pps pg� °�3" ii:it�d;�fitn all
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bearings contained herein relatfve thereto b ffts at a
e�` p�'1'n�; wt�i cn bears Pt 89°
�7' W 1J05.2� feet, and ayain S U5° 5£i' Uf," W 3t�.lo fee�'frai� the East 1/� corner
of saiu Section. ll, and run thence S 05°- 58' f�i" id 1o7s.51 fe�t to a poi�t on
tne North line of Poudre Trail; thence alonq>said North lfne S 84° 52° 46" E 313.33 �
feet; thence N u�° U1' 44" I�l y3.11 feet; tf�er+ce S` 59° 3T' 44" E 21 1. 9 0 f e e t t o
a point on the Nortn line of the Pou dre Tra i l; thence along said t�orth line, S �j
�s4° y2' 4b'' t�a.51 feet; thence along the arc of a.. 1G�3a60 faot ra�ius curve to �
ttie right, a: distance of 26�.9� feet, the long- chord of which bears S 52� �9' �2° '�
t L65.12 feet; thence N 21° 51' E 4uu.Ju feet;-.th�nce along tiie arc of a 17G.uO
foot radius curve to the left; said curve is coe�cave to tite Northeast; the lang � R�
--� chord of said curve bears N y6� 16' �d 5 5 0. 0 0 f e e t; t h e n c e h J o r t h 2 U O. U U._ f e e t; t h enc� �:x-
N 70° i15' W 195.2a feet; tnence N U5° ci�' Uo" t y35.81 feet; thence N ��° S1° t� '�
2u�.�U feet ,to the point of beginning, containi`ng 15,7at31 acres, more or less. ��1
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