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Home My WebLink AboutLINK-N-GREENS SECOND ANNEXATION & ZONING - 49-87B, C (6-88, A) - LEGAL DOCS - LEGAL DOCUMENTSr1 � � OUT OF CITY SEWER SERVICE AGREEMENT re� THIS AGREEMENT made and entered into this _,� day of D e� _, A.D. I 9'8'(o by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as City, andcia w�e� ��q� of Larimer County, Colorado hereinafter referred to as Applicant, WITNESSETH: WHEREAS, Applicants are owners of certain property (hereinafter referred to as "the property") described on attached Exh:ibit 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 the 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 u.pon aertain conditions as set forth in Section 112-126 of the Code of the Gity of Fort Collins; and WHEREAS, Applicants agree to comply with all the conditions of the above stated ordinance. 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 co.mply with the provisions of said ordinances, more particulary: � �. -I 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 specifica.tions of the City and shall be subject to the express approval of the Gity Engineer. c. That Applicants promptly pay all applica:ble fees and charges for a tap on the City's sewer system and in the event of their failure to do so the City 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. � � 4. The Applicant agrees to fully comply with all conditions for furnishing service as said conditions are enumerated in Seetion 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 singu.lar shall include the plural, the masculine shall include the feminine, and the individual shall include the corporate. 6. This agreement shall be a covenant running with the property and sha1T 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: Applicants i ty tt'orney Attest: City Clerk � City of Fort Collins _/_ -- Ci y Manager � ...'%„ ' � � . "}' �XV1 �KJ,r ' - . � .. .. _ ' � . . �h+' � ': . , . "-._. ...;� TF;ACT A: A tract of lanci situate in the Southeast 1/4 of Section T2�;.T�'i�mship 7 North, Ranye 6y West of the Sixth P.M., Larimer County, Colorado, �ahich c�.s�der- � i�g the East line of the said Southeast 1/4 as bearing S OJ° Oti' U3" i�"and roith all t,earings contained herein relative thereto, beyins at a point which bears N t39' :,7' W 10U�.28 feet, and again S�5" 58' Uti" W 3i�.16 feet 1 _q � _ corner of said Section 1L,�and run thence N a9° �7' �i 925;;r5"feet; tnenCe " OG' 1�" 1�.�3`.52 feet to a .� �' point on tne Northeast side of :the Poudr� Trafl; the�ce + alony said Poudre Trai1 S'L�' 4�' 30" E�5.12 feet; .then�e. l.t_° kih' 10° E i�34,:�4 ' ��;. . feet; tnence S 09'' 2i,' Su" W 15U.0� feet; thence 5 33° 23'rt 25" u� i7y.1�t .feet; Ln�e S Oy° Ub' 15" W 135.42 feet; thence S 2t3° Ji' 30" �: 217.38 f�t; theetce'.alo�q .the arc of a 22�7.OJ foot ra�iius curve to the:.left., a di_star�ce of:.373�.34 fee�9 the:long . cnor� of which bears S 67° 31' 3U" E 279,87 feet; thence.l�',7E° i,1° 3U" E 3�7.20 • feet; thence S�4° 52' 46" E 3U3.45 feet; tnence p p5e �3' 't�i° E 1W5.57-,feet � to the point of ueyinning, containiny 36.0556 acres`more on�;less, ..; ,; 'e� �y. _ � 7_''�'� ,, .;�. � t � u : • ,��'�.�'�'e:_ ,a+ z % ,� .� a�i�"`��e�?;�� r `�'��'h +� , : s '• �1, TitACT 6-1 ��A tract of land situate in tfie Sou.thea�s��i/'��.-Si�tic�. , T�ship .�.� ..� � �.. : 7 t�orth, �;an;e ty idest of the Sixth P.r�., Larimer Count,�r, Eolorado,. �tich: consider- �r iny th� Last�line of saiu Southeast 1/4 as.beariny S pa' p5� �3" w 8ncf�witi► al1 ` bearings contained herein relative thereto begins at a point wt�ich bears N 89' �1' W 1JU5.Z� feet, and ayain S U5° 58' UG" id 3(t.l� feet fro� the East t/4 corrler - � �f saio �ection ll and run- thence S U5° 58' (�"-W lo7y,�i7 feet�o a point o-n ' ' tne North line o� P dre Trail; thence along said North line S f34° 52' 46" E 313.33 � feet; thence tr u�° U1' 4�" N y3.11 feet; thence $ 59° 37' 44" E 217.90 feet to �� a point on the Nortn line of'the Poudre Tratl; thence aiaetg said Narth liii�, $ � �I �s4° 52' 4b" E �a.�7 feet; thenee along the arc of a 1G23.6U fuot radius curve t� .: ; the ri ght, a di s tance of ZE,S, y� feet, the 1 ong chord of arhi ch uears S'.;2`� c9' �t2" � - ;, t 265.12 feet; thence N 21° �1' E 4uu.�C► feet; thcnce aTong the arc of a 77U.uU � foot radius curve to tne left; said curve is concave to the f�ortheast• the lang. '' chord of said curve bears N 56" lb' i� ti50.00 feet; thence t�orth 2UO.UU feet; thertc! �x` N 70° �5' W 195,2II feet; thence N 05° :iu' tk�" t y35.t�7 feet; thence h �j° y1" u 2uU.�0 feet to the point of beginning, containing 1'i.7ai31 acres,. more ar less. '`�`~ � �,� � ��i � . �.: � � �. �. :. � i i � i ,- � � - ��2 s .�s� ��3, 5� �s . �� ssy, 9y ��SD, a� 175- l8 /35, y� , ai7-3$ 3n3 ; 3� ; 30`7- �b 3n3, �l.y � c� 7S, 5 � � �' 5a-��?? �� 7 D ::d.r _ ::,�. _� �,''/// ��`�� U� ' y.• • � �'� ' .� ../� � ,L� ,b., � '�`"�` . � � : �: : � �� , � �: ,� _ - � ,�. ��. � �� , - r: ,> y . = t-�;�� . - .:�� r , - _;f � .�� . . . ` • � . . � , . . M �{� � . - ' ..�F `.' . .. . . . ' , � _AY�