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HomeMy WebLinkAboutBLOCK 154 BOWEN ENCROACHMENT - Filed OA-OTHER AGREEMENTS - 2004-03-24AGREEMENT THIS AGREEMENT is made and entered into this 1st day of June , A.D. 1976, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter some- times designated as the "City", and BEVERLY A. BOWEN, herein- after designated as "Owner", WITNESSETH: In consideration of the vacation by the City of the following described portion of the alley in Block 154, to -wit: Begin at the NE corner of said Block 154, thence Westerly along the North line of said Block 154 190 feet to the dedicated alley, thence Southerly along the East line of said alley 16 feet to the true point of beginning, thence continuing Southerly along the East line of said alley 35 feet, thence Westerly 1 foot, thence Northerly and parallel to the East line of the alley 35 feet, thence Easterly 1 foot to the true point of beginning; which portion of the alley adjoins property belonging to the Owner, the Owner, for herself, her heirs, personal representa- tives and assi;ns, covenants and agrees as follows: 1. The portion of the alley described above which was vacated by Ordinance No. 41 , 1976, became vested in the Owner upon said vacation. 2. Such vacation was requested and granted because a house on the adjoining property of the Owner encroached on this portion of the alley. j'► a 5 3. If at any time in the future the residence which now occupies said strip of land is removed, then the Owner agrees to forthwith rededicate the vacated portion of the alley as an alley to the City of Fort Collins. 4. This agreement shall be an agreement running with the land and shall be binding upon all parties claiming under the Owner. This agreement shall be in effect so long as the remaining alley adjoining the vacated portion is maintained by the City as an alley. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST:, By ej„( J�Jl p d City Manager ity C er j BEVERLY A. EN -2-