HomeMy WebLinkAboutWILLOW LANE REPLAT OF THE REPLAT OF LOTS 5-21 AND TRACTS B-F - Filed DA-DEVELOPMENT AGREEMENT - 2004-03-16SUBDIVISION AGREEMENT
THIS AGREEMENT IS made and entered into this day of
1978, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter sometimes designated
as the "City," and INVESTORS DIVERSIFIED SERVICES INC.
hereinafter designated as the "Developer,"
W I T N E S S E T H
WHEREAS, Developer is the owner of certain property situate
in the County of Larimer and State of Colorado and legally
described as follows:
Willow Lane, a condominium more particularly described on "Exhibit B"
attached.
WHEREAS, Developer desires to develop said property as a
residential subdivision and has submitted to the City a subdivision
plat (and a site plan of said property is to be developed as a
Planned Unit Development), a copy of which is on file in the Office
of the City Engineer and by this reference made a part hereof; and
WHEREAS, utilities have been installed on the property
according to a utility plan for said lands, a copy of which is on
file in the Office of the City Engineer and by this reference made
a part hereof; and
WHEREAS, the parties hereto have agreed that the development
of said lands may require the installation and or modification
of certain additional improvements primarily of benefit to the
lands to be developed all according to a modified utility plan;
and,
WHEREAS, the City has approved the subdivision plat (and site
plan where applicable) submitted by the Developer subject to
certain requirements and conditions which involve the installation
or modification of utilities and other municipal improvements in
connection with said lands.
NOW, THEREFORE, in consideration of the premises and the
terms and conditions herein stated and for other valuable consider-
ation, the adequacy of which is acknowledged by the parties hereto,
it is agreed as follows:
1. Except as otherwise herein specifically agreed, the Devel-
oper agrees to install and pay for all additional utility lines,
storm drainage facilities, streets and other municipal facilities
and modification thereof necessary to serve the lands within the
subdivision.
2. Water Lines.
a) Developer agrees to install all modification to the
water lines as shown on the modified utility plans in accordance
with the requirements and as shown on said plans.
b) Such water lines shall be installed in full compliance
with the standard specifications of the City on file in the office
of the City Engineer and applicable provisions of the City Code
relating to the installation of such lines.
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c) Developer understands and agrees that no building permit
for any structure in the subdivision shall be issued by the City
until the water line and the fire hydrant serving such structure
is installed and accepted by the City.
d) Any modifications to the water lines described on Exhibit
A, attached hereto shall be installed within the time required on
Exhibit A.
e) All modifications of said lines shall be installed
at the sole expense of the Developer.
f) The modification of said line shall be inspected by
the Engineering Services Department of the City and shall be subject
to such department's approval. Developer agrees to correct any
deficiencies in such installation in order to meet the requirements
of the plans and the specifications applicable to such installation.
3. Sanitary Sewer Collection Lines.
a) The Developer agrees to install all modification to
the sanitary sewer collection lines shown on the modified utility
plans.
b) Such sanitary sewer lines shall be in full compliance
with the standard specifications of the City on file in the office
of the City Engineer relating to the installation of such lines.
c) Developer understands and agrees that no building permit
shall be issued by the City for any structure in the subdivision
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until the sanitary sewer line serving such structure is accepted
by the City.
d) Any modification to the sanitary sewer lines described
on Exhibit A, attached hereto shall be installed within the time
required on Exhibit A.
e) All modifications of said lines shall be installed at
the sole expense of the Developer.
f) The modification of said lines shall be inspected by
the Engineering Services Department of the City and subject to such
department's approval. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans
and the specifications applicable to such installation.
4. Other requirements.
See Exhibit C attached hereto.
5. Miscellaneous.
a) This agreement shall be binding upon the parties hereto,
their heirs, personal representatives and assigns.
b) Nothing herein contained shall be construed as a waiver
of any requirements in the City Subdivision Ordinance or any other
provision of the City Code and the Developer agrees to comply with
all requirements of the same.
THE tIT
ATTEST:
/ By'
Ci C erl k rt '
- 4 - ,r
OFF.FORT COLLINS, COLORADO
APPROVED:
Director of EngineeringServices
ty Attorney
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INVESTORS DIVERSIFIED SERVICES,INC.
Developer Titer e
Assistant Vice President
Richard A. Anderson
EXHIBIT A
1. Schedule of water lines to be installed out of sequence.
None
2. Schedule of sanitary sewer lines to be installed out of
sequence.
None
3. Schedule of street improvements to be installed out of
sequence.
None
"EXHIBIT B"
1 tract of Land si-tuate in the No':"" -pest 1/4 of se
hip 7.]., o,„nshi_p 7 North, Range 69 Best of the Sixth
offlCoiora�doof Port CoIIi -ns, County of Larimer
, which, consi_dru:in�. , State
-,aid idorth� , st 1_/4 as bcari_n,r P70011e�;''est line of
bearing, c<�ntaincd herein r"?NO 3' W and with all
Wired �j thin the boundtar� �e thereto,
1,c°st 1 1 lin<�s �:�hich beginis con-
/ co,_ncr of said Section 21 and run thence
the
N00°23 E 1297.4 feet along said 19est line; thence
N89°23 i 12.9 1-11 feet; thence `�00°46'1; 688.26 feet
th a point on the South line to'
f sai-d r.lor.thwost
thence S89°04'1a 1299.72 feet to the point of
1/4;
ni-ng, excepting and excludi-ng i-hat tract be
describc'�1 and id,'ntificd as Tract "t of ]and
roads an
and idcntific<l as South Overland
and Cl;e
Tra-il and Foss Drive on the har"tofore rc�cor_d�,d
le s. Willow Lane. Containing 18.3546 acres more
or less,
f L
u I
C I I Y (-)I IORI COILINS P. O. BOX 5H0, FOR I !A)LUk", CULORAI)0 8052.2 Pli (303) 484-4220
WAIER AND SEWER W1111IES
May 11, 1978
Mr. Alec Carbini
(Agent for Investors Diversified
Services, Inc.)
Suite 250
3 Park Central
1515 Arapahoe Street
Denver, Colorado 80202
Dear Mr. Garbi.ni:
The intent of this letter is to provide a format whereby the developer
(IDS) may p;coceed with the construction of dwelling units on the replat
of Willow Lane PUD approved by the City Council on April 18, 1978,
subject to the following statements and conditions.
The uti;_ity plan as approved on October 3, 1973, does not conform
to current policies and practices for provision of utility service
to the dwollings and lots proposed on the replat of Willow Lane in
that common water distribution and sewage collection lines are
proposed for individual lots.
2. Present ordinances do not provide for common billing of indivi.dual
services although this situation does in fact now exist within
the City.
3. The City wishes to study further a policy which will define the
circumstances and conditions under which such common service to
indiVid UaICUStOmer6 may be permitted.
4. The City will. permit the developer of Willow Lane PUD to proceed
with development of his project without undue delay pending the
outcome of the City's study.
Therefore the following points are agreed to by the City and the
Developer.
A. Developer will be permitted to construct building P on tract "VV"
as shown on Replat of Willow lane PUD approved by the City Council
on April 18, 1978. Specifically the Developer will be permitted
to construct Units P-41. through P-48 utilizing_ common water
distribution lines from a meter located on or near the east end
Of the building. The Water Utility will be responsible for
maintenance and operation of the water system up to and including
"EXHIBIT VII,
%1
Mr-. Mcc CnrbinI
page 2
May 11, 1978
the motor pit and meter installnLinn. The Developer and the homeowner's
Association will be responsible for maintenance of the common water
distribution system on the customer side of the meter pit.
Bills for water consumed through the meter and for any minimum charges
will be billed to the Willow Lone Homeowner's Association in the
sane manner as existing units are billed. Sewer service will be
provided under similar conditions.
H. The Developer will be permitted to proceed with construction of
dwellings on lots C-33 through G-40 on tract "00" and on lots J-25
through J-32 on tract "L1.". No connection to the public utility
lines will be permitted until completion of the study referenced
above and adoption of rules and regulations governing such connections.
C. The City staff will prepare and present to the City Council the
study referenced above within 60 clays for action by the City Council
on proposed policies within 30 clays following.
D. The developer agrees to make such changes as are necessary on the
utility plans to meet the provisions of the policies adopted by
the City Council as referenced above, with the understanding that
as much as possible the existing utility lines now in place will
be used.
If you are in agreement with this letter, please sign where indicated
below. This letter will then be attached to the formal subdivision
agreement as an exhibit.
Yours truly,
Tom Hays, PA.
Senior Water and Sewer Engineer
The above letter is acknowledged and accepted by the developer (IDS).
Date: S�II �"18 1 `,� ( '�iA'�-.
Alec Garbini
Agent for Investors Dkversified Services