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HomeMy WebLinkAboutG F WIARDS - Filed OA-OTHER AGREEMENTS - 2003-10-06IL74'7 �. November 9, 1979 City of Fort Collins This shall serve has our agreement concerning the property located at 1415 and 1417 South College Avenue, Fort Collins, Colorado. As your records should reflect, this matter has been previously considered by you in accordance with the proposed policy guidelines for the 1400 block of South College Avenue. At that time, the city accepted the PUD for these two pieces of property with the understanding that commer- cial uses on these six lots should be limited to nor: -retail- and only low trip uses. Also, the plan was to include a six foot fence between the parkinq lots and the bui)dincTs on 1410 and l41` South College Avenue. The undersigned, as the current owners of the two properties in question agree to abide by these conditions and by the policy guidelines provided for the 1400 block of South College Avenue. Although the applicants are apparently asking for a reconsideration of some of these requirements, they do agree to abide by these terms and conditions in the event that the city authorities do not agree to a modification of the same. All the conditions of the approval_ of PUD are accepted hereby and shall be bindincT upon all the parties involved unless otherwise modified by the appropriate city authorities. Owner of 1415 South College Avenue Owner of 141.7 South Colleae Avenue i .-Owner of 4l7 South Col Iecre Avenue . Y'✓. � ,fi - � , a j yr; 4� Owner of. 1.417 South College Avenue STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this day of November, 1.979, Milton J. Alsum _� �rinarhan R. Alder & nald R- and James A. Bowser My Commission Fxpires: Notary Public AGREEMENT t THIS AGREEMENT is made and entered into this day of ,,.,,,_ , 197� by and between THE CITY OF FORT COLLINS, �COLORADO, a municipal corporation, hereinafter sometimes designated as "City", and ANNE LUCILLE MIDDEL and i7ARC MIDDEL, hereinafter sometimes designated as "Owners", WITNESSETH: WHEREAS, Owners are the owners of the following described real property situate in the County of Larimer, State of Colorado, to -wit: and The South 45 feet of Lot 2 in Block 1, G. F. Wiard's Addition to the City of Fort Collins, Colorado; WHEREAS, said property is zoned in the B-P, Planned Business District, under the zoning ordinance of the City; "P1199 WHEREAS, the regulations applicable to the B-P District permit use of property for business purposes only after approval of.' a planned unit development; and WHEREAS, such regulations further require that the property consist of at least two (2) acres in order to be the subject of a planned unit development; and WHEREAS, the Owners have applied to the City for a variance from such two -acre requirement and that variance has been granted with qualifications on the business use that can be made; and WHEREAS, the Owners have now submitted a proposed planned unit development to the City for approval and the City is willing to approve the same but only if the use restrictions previously imposed in the grant of the variance are further defined and agreed upon. NOW, THEREFORE, it is agreed as follows: 1. This agreement shall take effect upon the final approval by the City of the planned unit development hereto- fore submitted by the Owners. 2. The block in which the Owners' property is located was previously a residential area in the City but is in the process of redeveloping for commercial purposes. It is desirable to allow such redevelopment but to maintain the residential character of the block and to insure that commer- cial uses do not interefere with residential uses of other properties in the block. Previous variances from the two - acre requirement permitting commercial uses have been condi- tioned upon the commercial use not being a high traffic generator nor involving to a substantial degree contacts with business clientele on the premises. For example, one commercial use permitted was for the office of consulting engineers where research and engineering work would take place on the premises but most client contacts would be off the premises and not involve high traffic generation. The Owners have proposed to use their property as a professional -2- office for their business which involves consulting on real estate acquisitions and development, with the office to be a point where the professionals can be contacted and can have a base for operations but with most client contacts to be at other locations. It is the agreement of the parties that the type of business of the Owners described herein is appropriate and acceptable for this location. 3. Owners do not anticipate that they will occupy all of the improvements on the premises and desire to lease portions of the premises which they do not need for their offices. I:t is agreed that a lease of a portion of the premises for professional offices with characteristics similar to the offices of the Owners or the engineers described in paragraph 2 above would be appropriate and acceptable in this location. Such uses might include offices for insurance agents, real estate professionals, accountants, interior decorators and the like, provided such offices are operated in the manner and have the characteristics as required by this agreement. On the other hand, professional offices involving a substantial amount of contact with clientele on the premises would not be appropriate to this location. Also personal service shops, such as hair stylists, beauticians and the like which generate substantial traffic in the area would not be appropriate to this location. 4. It is a condition of the approval of the planned unit development that the use made of the premises be consistent -3- with the purposes in descriptions contained in paragraphs 2 and 3 above, and it is understood that uses inconsistent with those described will cause the variance heretofore granted allowing the planned unit development to terminate. In the event the City Council determines that a use is being made of the premises inconsistent with this agreement, the City Council may terminate the variance, provided they first give notice to the Owners of their intent to do so and schedule a hearing for final determination of the matter at which the Owners may be present and present such matters as they deem appropriate. It is further agreed that the Owners may request an advance determination from the Zoning Board of Appeals on any use proposed by a tenant of the premises. IN WITNESS WHEREOF, the parties hereto have executed this agreement, execution on behalf of the City having been previously approved by the City Council at its meeting on December 13, 1977. ATTEST: ' City Manager City Clerk OWNERS: E',4UCILL.F SIDDEL MARC -4- STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing ,instrument was acknowledged before me this '��� day of �� ,, Ic.� , 197 Ste, by John E. Arnold as City Manager and Ver a Lewis ,as City Clerk of the City of Fort Collins, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires ) Notary Public STATE OF COLORADO ) ) ss,. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 6� day of y 197L_, by Anne Lucille Middel and Marc Mi el. Witness my hand and official seal. f My commission expires �e;tz7` Notary P li -5- ArVVPMVMM THIS AGREEMENT made and entered into this day of 1979, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and VERNER F. SORENSON, hereinafter referred to as the Owner" WITNESSETH: WHEREAS, the Owner is the owner of property in the City described as follows, to -wit: Considering the North line of said Block 1 as bearing _7 90000'00" E and with all bearings contained hFrein relative thereto: Commencing at the Northeast Corner of said Block 1; thence s 00009'56" W 71.70 feetb thence S 90000100" W 190.00 feet thence S 00 09'56" W 43.30 feet; thence S 90 00'00" W 130.55 feet; thence N 00° O5'02" W 115.00 feet; thence N 90000'00" E 320.70 feet to the point of beginning, less the East 35.7 feet of the North 115 feet of Lot 19, Block 1, G.F. Wiard's Addition, containing 24,539.19 sq. ft. more or less; said property hereinafter referred to as the "Property"; and WHEREAS, the Owner has petitioned to the City for approval of a planned unit development on the subject property located in the B-P, Planned Business Zoning District; and WHEREAS, evidence presented to the City Council and the City Planning and Zoning Board indicates that approval of the Sorenson Planned Unit Development is appropriate under all the circumstances, provided that the permitted use of such property within the P.U.D. be limited to professional office space uses as such uses are defined in the Zoning Code of the City of Fort Collins; and WHEREAS, because of a potential detrimental impact upon the area if said property is allowed to be used for other purposes which are normally permissible in the B--P, Planned Business Zoning District; and i:; '� j 1 � u 7 WHEREAS, the Owner has agreed to the restrictions herein stated concerning the use of the Property which would minimize the adverse impacts and the City Council is of the opinion that the restrictions provided in this Agreement will adequately protect against adverse impacts from the planned unit development. NOW, THEREFORE, in consideration of the premises and terms of this Agreement, the parties hereto agree as follows: 1. Uses.. The Property may be used only for professional office use as defined by the City of Fort Collins Zoning Code. 2. Effect. This Agreement shall run with the land and shall be binding upon the Owner, his heirs, personal representatives, administrators and assigns. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO, a municipal corporation BY fir ,,( 1 . ATTEST: Ci y Clerk VERNER ): qO NSON l Owner f"= By: Rock C. Sorenson, his attorney in fact APPROVED AS TO FORM: City Attorney d.0