HomeMy WebLinkAboutSPRING COURT REPLAT LOT 1 - Filed OA-OTHER AGREEMENTS - 2004-02-23�',�ri nci our t �u bdi �lt�+'o
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THIS AGREEMENT is made and entered into this day of
yeti __ A.D. 1976, by and between dAYNL K. SCHRADER, party
�fhereinafter designated as 'Owner" and TH U CITY OF FORT COLLINS,
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COLORADO, a municipal corporation, party of the second part, hereinafter
designated as "City",
WI TNESSI:TH:
WHEREAS, owner is the owner of certain property described as Lots 1.-A
and 1.-B of the Replat of Lot 1 of the Spring Court Subdivision in the City of Fort
Collins, Colorado (hereinafter designated as the "Subdivision"); and
WHEREAS, the parties previously entered into a PI<"ora.ndum of Agreement
respecting said Subdivision on October 21, 1975, to which this Agreement is
intended to be supplemental_ and not a replacement thereof; and
WHEREAS, the City has requested additionnl. agreements from owner as a
condition to acceptance of said subdivision pint and owner was agreed to the same
and the parties desire to not forth the .samein writing.
NOW, THERVORL, in consideration of the promises and the terms of the
within agreement, it is agreed as follows:
1. owner is aware that Spring Creel: t_ravers,•s said Subdivision by means
of an underground conduit. owner is also aware thatsaid conduit is not of adequate
size to carry the stormwater flows cr Icuial.Od for Sprint; Crook. 'Thereforethe owner
agrees to participate proport tonally for improvements of the Spring Creel: channel
across said subdivision at such time as those improvements or nny portion thereof
arc deemed necessary by the City in connection with tho overall improvements to Spring
Creek. In the latter event, if no improvements to Spring Creel: have Von required
within ten (10) years from the date of this agreement, then tlw owner shall. have no
further duty to improve the Spring Creek Chnnuel throngh said Subdivision.
2. The Owner further understand, and arious War hcInre any building
permits for said subdivision are issued by the City, a stormn&P r detention plan
for the increased runoff generated by said devolopnwnt . shall bo submitted to
the City Engineer for his review and approval.
3. This agreemont shN11_ rind with the land ind be binding upon the owner,
his heirs, personal representatives and assigns.
IN WITNESS WHERKOF, the parties hrrcto hnv� unused this a£;recment to be
signed the day and year first heroinabove writton.
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OWNER: _�' GL:._�,.r�C /V1
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CSchrader
CITY: CITY OF FORT COLLINS, COLOILUO
By —
City Manager
' / r
City Clerk ^—~--
AGREEMENT
THIS AGREEMENT is made and entered into this
day of October, A.D. 1975, by and between WAYNE K. SCHRADER,
party of the first part, hereinafter designated as 'Owner",
and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation,
party of the second part, hereinafter designated as "City",
WITNESSETH:
WHEREAS, Owner is the owner of certain property described
as Lot 1, Spring Court Subdivision in the City of Fort Collins,
Colorado: and
WHEREAS, Owner has filed with the City a replat of said
property described as Replat of a Part of Lot 1 of the Spring
Court Subdivision (hereinafter designated as the "Subdivision"),
and has requested that the City accept such replat; and
WHEREAS, the City has requested additional agreements
from Owner as a condition to acceptance of said plat and Owner
has agreed to the same and the parties desire to set forth the
same in writing.
NOW,, THEREFORE, in consideration of the premises and
the terms of the within agreement, it is agreed as follows:
1. Owner hereby agrees to dedicate to the City the
following described property, to -wit:
The North 30 feet of Lot 1-B of the Subdivision,
as an extension of Stuart Street (hereinafter
referred to as the "Stuart Street Dedication");
and
The West 50 feet of Lot 1-B of the Subdivision,
as a right-of-way for Mason Street (hereinafter
called the "Mason Street Dedication");
upon the terms and conditions hereinafter expressed.
2. Owner will dedicate the Mason Street Dedication
upon the request of the City, provided that the City, by April
of 1976, adopts by Council action a bona fide plan to acquire
and develop Mason Street at least from the subdivision south
to approximately Drake Road. If the City Council does not adopt
a bona fide plan for such development of Mason Street, then the
Owner agrees to furnish the dedication for Mason Street to the
City at such time as the same is needed by the City.
3. Owner will dedicate all or a part of the Stuart
Street Dedication at such time as the City determines the same
is necessary, either in connection with the development of Mason
Street or in connection with the development of the property
adjoining Lot 1-B of the subdivision to the north. If the
City adopts a plan to develop Mason Street, then the Stuart
Street Dedication will be made by the Owner at the same time
that the Mason Street Dedication is made. If the City fails
to adopt such plan, then the Owner will dedicate Stuart Street
or any required part thereof at such time as a dedication is
deemed necessary by the City in connection with the development
of the property adjoining Lot 1-B to the north. In the latter
event, if no dedication has been required within ten (10) years
from the date of this agreement, then the Owner shall have no
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further duty to dedicate the Stuart Street Dedication or any
part thereof.
4. In the event the City adopts a bona fide plan for
the development of Mason Street, the Owner shall be so advised
and the Cite shall record a statement referring to this agree-
ment and stating that such plan has been adopted. If no such
statement is recorded within the time for adoption of such
plan, then the Owner shall have no further obligation to
dedicate Mason Street or to dedicate Stuart Street in connection
with the dedication of Mason Street.
5. The City may give notice to the Owner of its require-
ment that the dedications herein provided for be effected by
mailing a copy thereof addressed to the record owner of the
property at the address to which the last tax notice from the
County of Larimer on the subject property was mailed. Such
notice shall be effective as of date of deposit in the mails,
postage prepaid, sent registered or certified mail, return
receipt requested.
6. Until such time as a dedication is required by the
City pursuant to this agreement, Owner shall be entitled to
make full use of the property designated as the Stuart Street
Dedication and the Mason Street Dedication, provided that no
permanent buildings of any type shall be erected on any portion
of the same.
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7. This agreement shall run with the land and be
binding upon the Owner, his heirs, personal representatives
and assigns
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be signed the day and year first hereinabove
written.
i
OWNER:
aySchrader
CITY:
THE CITY OF FORT COLLINS, COLORADO
ATTEST:
B
City Manager
City Clerk
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