HomeMy WebLinkAboutBRUCE E MILLER CEDARWOOD THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31ArDVrMVMT
THIS AGREEMENT is made and entered into this day
of 3-anuar-y, A. D. 1976, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter sometimes
designated as the "City", and BRUCE MILLER, hereinafter some-
times designated as the "Developer",
WITNESSETH:
WHEREAS, the Developer has presented to the City for
approval a plat of a proposed subdivision in the City designated
as "Bruce E. Miller Cedarwood Subdivision"; and
WHEREAS, although some filings of said subdivision have
been accepted by the City, the City is unwilling to accept and
approve additional filings until adequate access to the sub-
division can. be obtained; and
WHEREAS, adequate access to the subdivision would be
available through an extension of Lake Street which exists
east of the proposed subdivision but which does not connect
to the subdivision; and
WHEREAS, both Developer and the City have attempted to
acquire the necessary right of way over and across the property
hereafter described in order to extend Lake Street to the sub-
division, but all attempts to negotiate for the acquisition of
such right of way have been unsuccessful; and
WHEREAS, the City has the power to acquire the necessary
right of way by eminent domain proceedings; and
WHEREAS, the Developer has agreed to reimburse the City
for all expenses it incurs in acquiring the necessary right of
way.
NOW, THEREFORE, in consideration of the premises and
the terms of this agreement, it is agreed as follows:
1. The City agrees to use its best efforts, including
its power of eminent domain, to acquire a right of way across
the following described land, to -wit:
Begin at a point which bears S 89°33' E 100.0
feet and again N 00°00'30" E 542.61 feet from
the SW corner of the SE 1/4 of Section 16,
Township 7 North, Range 69 West of the 6th
P.M., and run thence S 89°33' E 220.0 feet,
thence N 00°00'30" E 60.0 feet, thence N 89'
33' W 220.0 feet, thence S 00°00'30" W 60.0
feet to the point of beginning.
2. If the City successfully acquires the necessary
right of way, Developer agrees to reimburse the City for all
costs and expenses incurred by it in acquiring such right of way,
including the damages awarded to the land owner for the taking
of such land, all attorneys' fees, court costs, appraisal fees
and other costs incurred in the eminent domain proceedings to
acquire the land.
3. Developer agrees that the acquisition of such right
of way was a condition to approval of additional filings in the
subdivision referred to above and that such condition was made
because adequate access to the proposed subdivision did not
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exist without such additional right of way. The right of way
to be acquired shall be a public right of way owned and con-
trolled by the City.
IN WITNESS WHEREOF, the parties hereto have signed
this agreement the day and year first hereinabove written.
THE CITY OF FORT COLLINS. COLORADO
ATTES By (2 tLj t !�6�
Ve City'Manager
Citym Clerk
BR= MILLER, Developer
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