HomeMy WebLinkAboutLEXINGTON GREEN FIFTH - Filed OA-OTHER AGREEMENTS - 2003-12-12LETTER OF AGREEMENT
Concerning: Installation of an eight (8) foot concrete pathway between
Lots 14 and 15 in the Lexington Green Subdivision, Fifth
Filing.
'The approved plat of Lexington Green Subdivision, Fifth Filing requires
an eight (8) foot concrete pathway to be installed on a 14 foot wide public
access easement located on Lots #14 and #15. The purpose of this easement
is to provide direct pedestrian ,and bicycle access from the Lexington Green -
village West Subdivision area to the Spring Creek Recreational Trail. Since
the pathway described above will not fulfill its purpose until the Spring
Creek Recreational Trail is built, and since the adjacent property owners
would consider a non-functional or "dead-end" pathway to be a nuisance, it
seems reasonable that the pathway not be installed until after the Spring
Creek Recreational Trail is built through the area.
Normally, all public improvements required in a subdivision must be
installed by the developer prior to completion of construction activity.
Thee purpose of this letter of agreement, however, is to provide for
installation of the above described pathway at a later date after the
Spring Creek Recreational Trail is built contiguous to the area. The
agreed upon procedure will be as follows:
1. Bartran Homes, Inc., the developer of Lexington Green
Subdivision, Fifth Filing, hereby agrees to provide the
City of Fort Collins with the sum of $1500.00 in lieu
of actual installation of the pathway. Bartran Homes, Inc.
is thereby relieved of any further responsibility for the
pathway.
2. The City of Fort Collins hereby agrees to accept responsibility
for installation of the pathway at such time as -it will connect
with the Spring Creek Recreational Trail or with developed open
space in conjunction with the trail area.
3. The property owners of the lots upon which the easement is
located hereby agree that the pathway shall be installed
unless the easement is vacated by the Fort Collins City
Council.
Page 2
Letter of Agreement
4. The property owners upon whose lots the easement is located
shall be allowed full privileges and rights of their res-
pective properties including construction of yard fences on
property lines, and landscaping and maintenance of the ease-
ment until such time as the City of Fort Collins installs
the pathway as detailed in this agreement. At that time,
the property owners would agree to relocation of these
improvements at their own expense concurrent with the pathway
construction..
Mr. & Mrs. J. B. Bagley Date
251.2 Newport Drive
Fort Collins, Colorado 80521
Mr. & Mrs./R. T. Graham Date
2518 Newport Drive
Fort Collins, Colorado 80521
William D. Bartran Date
Bartran Homes, Inc.
Fort Collins, Colorado 80521
Robert L. Brunton Date
City Manager
City of Fort Collins
P 11, 4MAIMMI OF AGRFE1=
l�
THIS AGHLE, -,T, made and entered into this day
of A. D. 19 % , by and bew teen THE CITY OF FORT
Co=!S,, a municipal corporation, hereinafter designated as first party,
and
Hereinafter designated as second party, Tr1ITNIESSETH:
4vHERa�LS, second party has heretofore submitted a subdivision
plat of the subdivision to be knot-m as Lexington Green Sub. btli Piling
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHERES.S, said subdivision plat is acceptable to first party
and first part7r11s Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
MT3 THEREFCRE, 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...Sn consideration of the approval of said plat by first
f 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:
(1) A flan of the proposed *.rater distribution system
including the connecting pipelines to the points of connection to the
first party Ts existing -rater distribution system and shoiring all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all mar -holes and connections to the first party's
existing sanitary se.,er system.
(3) 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 sho,dng the connections to the first party's storm sewer system
and including all storm sewer inlets and manholes. If a storm sewer outfall
'duis not avai lable, second party a,rc:es to join into a special improve-
ment district for the installation of such outfall line upon request therefor
by first party and to sign any petition and perform any other act necessary
to form such district.
(6) Items A (1) to A (S) 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 sub -
divider'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 WITNESS WHEREOF, first party has caused these presents to be
signed by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, pursuant to motion of the Council of the City of Fort
Cuilins dated tha day of A.D.,
19 ? 3 and second party has hereto set his hand and seal the day and
year first hereinabove written.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS
A Municipal Corporation
'1
By
First Party
APPROVED:
Second Party