HomeMy WebLinkAboutBLOCK 22 LOTS 43-45 - Filed OA-OTHER AGREEMENTS - 2004-03-22AGREEMENT
THIS AGREEMENT is made and entered into this 21st day
of October 1975, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter designated as
the "City", and DALE K. EGGLESTON and WILLIAM STREBIG, herein-
after designated as the "Owners",
WITNESSETH:
WHEREAS, the Owners are the owners of certain property
located in the City of Fort Collins, more particularly described
as follows:
and
Lots 44 and 45 and the East 12.6 feet of
Lot 43, in Block 22, in the City of Fort
Collins, Colorado;
WHEREAS, the Owners have requested that the City vacate
a portion of the alley in said Block 22 adjoining said property
described as follows:
and
Commence at the NE corner of Lot 45, in Block
22, in the City of Fort Collins, Colorado,
thence North 5 feet, thence West 67.6 feet,
thence South 5 feet; thence East 67.6 feet
to the point of beginning;
WHEREAS, such request was made for the reason that a
building, which has existed on the Owners' property for many
years extends onto the portion of the alley which the Owners
have asked be vacated; and
WHEREAS, the City has considered this matter and has
agreed that the alley should be vacated because of the existence
of the building on the same; and
WHEREAS, the Owners of the property have agreed that
they would rededicate the portion to be vacated to the City if
the same was no longer needed for the building located on their
property.
NOW, THEREFORE, in consideration of the premises and
the terms of the within agreement, it is agreed as follows:
1. In consideration of the vacation of the portion of
the alley described above, the Owners agrees that if at any
time in the future the building now located on this portion
of the alley is removed, they will rededicate that portion of
the alley vacated to the City of Fort Collins for use an an
alley without additional consideration.
2. It shall be the obligation of the Owners of the
property to give notice to the City in writing if the building
now located on the alley is ever removed.
3. The City shall have a period of three (3) months
from the date such notice is given within which to make requests
of the Owners that the portion of the alley vacated be rededi-
cated to the City for use as an alley. If such request is not
made within such time, then this agreement shall be at an end
and the Owners shall have no further obligation to rededicate
the vacated portion of the alley to the City.
-2-
This agreement shall be an agreement running with the
land and shall be binding upon the Nmers, their heirs, personal
representatives and assigns.
IN WIT14ESS IMEREOF, the parties hereto have signed this
agreement the day and year first hereinabove written.
ATTEST:
Z�Fy per
THE CITY OF FORT COLLINS, COLORADO
By
City Manager
DALE K. EGG LSIUN
-3-
BOOK 939 PAGE 24
RecordedQ at 3_oxo'cfoc&_P.M
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BEING AN NOWINCY ORDINAMCE RRYOKIHG ORDIWAWCE NO* 91
1$980 OF THE CITY OF FORT COLLINS; GRANT W TO THE
COLORADO AND SOUTHERN RAILWAY OD KPAFI CERTAIN RIGHTS
IN AND TO A PART OF LA PORTS AVENUE IN SAID CM; AND
VACATING TH6 WEST 190 FEET OF THE EAST AND WEST ALLEY
IN BLOCK T1p511T -ONO (22) IN Tn TOWN OF FORT COLLINS;
AND GRANTING TO SAID RAILWAY COMPANZ THE RIGHT TO KEEP,,
11AINTAIN+ AND OPERATE TWO STANDARD GAME RAILPOAD
TRACKS OVER A PART OF SAID IA PORTS AVENUE.
WHEREASO an Cetaber 170 1898, by Ordinasoe No. 9 or 3996 the
City of rort Collins panted to The Union Pasific, Dearer and Gulf Rail-
way Compeayr its suaeessors and assigras the right to bnild, oorstruot„
and operate a railroad depot building on that portion of Is Porte Avenue
in said City dosaribed in said Ordinanos NO, 91 and
WHERUSi said The Union Paeifle, Dower and Gulf Railway Com-
pang► and The Colorado and Southern Railway Company,, as the suacessor of
the former,l, kevs evar simse maintained a depot building on said portion
of said La Porte Aveiw., miler said Ordinance Ro- 9; and
W W* the City ammail aanslaws that the oontinned existanoe
Of said depot baildiag on said part of said La Porte Avenue aonatitutos a
hasard to vehioalar traftio thereon and desirms its removal., in order
that the City$, at its sole expense# may improve and widen said Avenue east-
orly of Mason Stroot; end to aoeomplish such purposes the City has requested
Tbo Colorado and Southern Railway Company to tear down and remove its said
depot buildias from oaid Avwaae; and
WHERWI, the said Railway Coap my is willing to oomply with such
request in axobange for eartain rights hereinafter granted to it, the
greatimg of whisk it hereby found to be in the best interests of the city;
[Z'1
WIMRMp the owner of an the lots and land abutting on the
west 190 rest of the east and wont alley in Block Twenty-twa (22), Town
of Port do111mio bus petitioned the City Coummil to vaoste the same, and
the Bounail hereby finds that publio oonnnienee and 109"Osity no longer
requires the use of said part of said alloy,, and that the same should be
vaeetad; air!
BOON 939 PAGE ?5
RRBi "t the City air! The Colorado and Southern Railway Company
bass herotefore entered into a written contract eabractng and ooreri.ng
all scatters and things set forth in this ordinamas# whereby and wherein
It is provided for the ,tsoriag down and removal by said Railway Company
of said depat building after the passage of this ordinance.
TRE1O"RE, Eby IT OMMIM RY THE CITY COURCIL OF TOR CITY OF
TORT COLLIRSe
Section 1. net Ordinance No. 9 of the year IM of the City
of Fort Collins be, and the same hereby is, mood.
Section 2. That there be, and thereby hereby to, granted to
The Colorado and Southern Railway Company, its successors and ensigns
the right to occupyp poesaoo, and use for railroad purposes, and to oon-
stroot, maintain and operate railroad tracks and facilities on, that part
of La Porte Avenuo of the City of Fort Collins described as followse
Beginning at the southwest corner of Block Twenty-two (22)
in the Town of Fort Collins; thence running south along
the went lima of amid Black Twenty-two (22) produced,
fifty (50) toot; thence seat parallel with the south line
of amid Block Twenty-two (22), seventy (70) feet; thence
northeasterly to a point in the south line of said Block
Twenty-two (22), lab feet east from the oouthwaet earner
of said Block; thence vast along said south line of Block
Twenty-two (22), 15O foot to the point of beginning.
Section 3. That the portion of the meet and went alloy in
Block Twenty-two (22) in the Torn of Fort Collins, extending east 190 feet
from the east line of Maxon Street, bop and the same hereby to, vacated;
rights of way and sasoments for the continued use of existing severs, gas,
motor or similar pipe lines and appartemnces, and for electric= tolophons
and similar lime and apptrtmnances, in said vacated portion of said alley,
being hereby expressly reserved.
Section 4. That there bat and there hereby In$ granted to The
Colorado and Southern Railway Company, its successors and assigns, the
right to keep, maintain, and operate, two standard Swage railroad tracks
in, oror, and across La Porte Avenue in the City of Fort Collins, Colorado,
at locations lying between the east line of Mason Street and a lima para-
llel to said east line, and sixty (60) foot cast thereof.
$motion i• In the opinion of the City Council an emergency
wdsts for the preservation of the pablie baslth, pence ant! safety, and
El
mx 939 Pace 26
this ordinasa s1011 boosso eff*otire upon its passage under and by
tirCuo of the authority contained in Sections 6 and 7 of Article IV
of to City Mortar.
Xntradaaed and sad at lan*th# and adopted by the unanimous
rota of all. raabers of the City Couneill, at the retvlar soetirg held
this '12thday of Bepteaberg, A. D. r 1"2.
Attest$
City Clark
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