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HomeMy WebLinkAboutINDIAN MEADOWS WEST - Filed OA-OTHER AGREEMENTS - 2003-12-04AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned being the owners thereof hereby covenant with the City of Fort Collins, Colorado, that they will at any time while this agreement is in full force and effect, dedicate to the City of Fort Col Tins, Colorado, a Municipal Corporation, an additional ten foot of right of way for Stuart Street so as to enlarge the dedicated right of way for Stuart Street to a right of way of 40 foot on the South side of the North line of the South 1/2 of the Northeast 1/4 of Section 24, Township 7 North, Range 69 West of the 6th P.M. This Commitment to dedicate shall expire five years from the date hereof and thereafter said property shall be free of any obligation to dedicate said land. In the event the City Council of the City of Fort Collins in its sole determination at any time while this commitment is in effect determines that it is necessary to acquire the additional right of way provided for herein, the undersigned agrees to dedicate said additional right of way without cost to the City. This commitment and agreement applies to all property owned by the undersigned located in the South 1/2 of the Northeast 1/4 of said Section 24, ajoining Stuart Street as the same now exists in the City of Fort Collins, Colorado; and this agreement shall be a covenant running with the said land. This agreement shall be binding upon the undersigned, their heirs, personal representatives assigns. DATED at Fort Collins, Colorado, this day of A.D., 1969. INDJ�1'��r����'°L(.1��" BY ; 0. K. Sherwood , partner 4i` R C. G. odes r., Partn 1� > r R. H. 'Stouffer , partn r Charles L. Rhoades, partner STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of A.D., 1969, by 0. K. Sherwood, C. G. Rhodes)rR. H. Stouffer and Charles L. Rhoades. Witness my hand and official seal. My commission expires: -2- Notary Public ME04ORANDM OF AGREEMENT THIS A.GR-12,011T, made and entered into this 6 th day of February A. D. 19 69 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and C•K.Sherwood,,R.H.Stouf£er,C.Cl.Rhodes,Jr., & Charles R. Rhoades Hereinafter designated as second party, I ITNESSLTH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be knot::n as Unit Development Plan of Indian Meadcws West For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. 2. .In consideration of the approval of said plat by first - party, and first party's Planning and Zoning Board, second party agrees as follows: (A) To submit to first party the following detailed improvement plans, acceptable to the first party: (11) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party IS existing water distribution system and Showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary serer system. Q3) A plan of the proposed electrical distribution system including connecting lines to the first party's existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (5) Plans and profiles of the proposed street drainage system showing the connections to the first partyts storm sewer system and including all storm sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the party of the second part., excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by. the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision] in order to properly extend these services to other areas] the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdivider's approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN VETHESS LMEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affiijd sttest to by its City Clerk, pursuant to motion of the Council of the City of — — — --Fort Collins dated the 6 th day of February A. D., 19 69 , and second party has hereto set his hand and seal the day and year first hereinabove smitten. ATTEST: City/Cle: k �� dPYR,�T_;il' k City THE CITY OF FORT COLLINS. A Municipal Corporation By , / 2 A,fLt Mayor First Party (SEAL) Second tarty j 7O� G{i 4v 14EMORAND124 OF AGREET71'r THIS AGREDIENT, made and entered into this 6 th day• of _February A. D. 19 69 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and O.K.SherwocA,R.H.ST,uffer,C.(,.Rhodes,Jr. & Charles R.Rhoades Hereinafter designated as second party, UITNESSETH: WHEREAS, second party has heretofore submitted a subdivision Unit Development Plan of Indian Meadov;s West plat of the subdivision to be known as For approval by the municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable to first party and first party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOtd, THEREFORE, in consideration of the premises and the terms of this agreement, it is manually agreed as follows: 1. First party agrees that said subdivision plat shall be, and the same is hereby approved. 2. .In consideration of the approval of said plat by first party, and first partyls Planning and Zoning Board, second party agrees as follows: (A) To submit to first party the following detailed improvement plans, acceptable to the first party: (1) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary sewer system. (3) A plan, of the proposed electrical distribution system including connecting lines to the first partyls existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (5) Plans and profiles of the proposed street drainage system sho-^ ng the connections to the first party's storm sewer system and including all storm sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only Item (3) electrical distribution system. All material required for street lights are to be paid for by. the party of the second part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary sewer mains or storm sewer mains to be constructed within the subdivision than would be required by standard engineering practices to serve the subdivision, in order to properly extend these services to other areas, the City of Fort Collins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdividerls approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto &ffi-Zfd fittest to by its City Clerk, pursuant to motion of the Council of the City of -"-Fort Collins dated the 6 th day of February A. D., 19 69 , and second party has hereto set his hand and seal the day and year first, hereinabove written. ATTEST: Clerk API ROj7 it 1 City En:>inec-r THE CITY OF FORT COLI1I1TS. A Municipal Corporation By , Mayor First Party 4 (SEAL) � %///%� Second 44?4 )�,