HomeMy WebLinkAboutPOUDRE VALLEY HOSPITAL EXPANSION 1984 - Filed OA-OTHER AGREEMENTS - 2009-03-13n
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FOR GOOD AND VALUABLE CONSIDERATION, it is agreed between THE
EMIGH LATERAL DITCH COMPANY, hereinafter referred to as "the
Company," and THE POUDRE VALLEY HOSPITAL DISTRICT, hereinafter
referred to as "the Hospital" as follows:
1. The Hospital desires to relocate the Emigh Lateral Ditch s
as it crosses the Hospital property and the Company is willing to
allow the relocation on the terms and -conditions contained herein.
2- The Emigh Lateral Ditch shall be relocated. from its
present location and placed into a pipeline through Hospital land.
An easement for the pipeline shall be granted by the Hospital and
the easement shall be staked by Hospital surveyors, and upon
acceptance by Company shall be conveyed to Company by Deed of
Easement. The easement shall be located substantially along the
following -lines.
An easement situate in the Southwest 1/4 of Section
18, Township 7 North, Range 68 West of the Sixth
P.M., City of Fort Collins, County of Larimer,
State of -Colorado, being more particularly des-
cribed as follows:
Considering the East line of the Northwest 1/4 of
the Southwest 1/4 of said Section 18 as bearing N
00*02130" W and with all bearings contained herein
relative thereto; beginning at the Southeast corner
of the Northwest 1,/4 of the Southwest 1/4 of said
Section 18,'Township 7 North, Range 68 West of the
Sixth P.M., thence S 89'28'20" W, 12.00 feet along
the South line of the Northwest 1/4 of the South-
west 1/4 of said Section 18, thence leaving said
South line, N 00'02' 30" W, 351.45 feet; thence N
03-39'41" W, 411.83 feet, thence S 89°58'30" W,
385.53 feet, thence 77.77 feet along a curve -to the
right having a radius of 196.98 feet, a central
angle of 22037'20", and a chord which bears N
73042150" W, 77.27 feet, thence 24.87 feet along
.a curve to the left having a radius of 62.98 feet,
a central angle of 22037120", and a chord which
bears 11 78042'50" W, 24.70 feet; thence S 89058130"
W, 317.97 feet; thence N 00001130" W, 12.00 feet to
a point on the south right-of-way line of Doctors
Lane; thence along the South right-of-way of
Doctors Lane on the following courses: N 89058130"
E, 317.97 feet; thence 29.60 feet along a curve to
the right having a radius of 74.98 feet, a central
angle of 22037120", and a chord which bears S
78042150" E, 29.41 feet; thence 73.04 feet along a
curve to the .left having a radius of 184.98 feet,
a central angle of 22-37-20", and -a chord which
bears S 7804250" E, 72.56 feet; thence N 89058*30"
E, 144.68 feet; thence leaving said South right-of-
way of Doctors Lane, N 89058'30" E, 278.86 feet
more or less to a point on the East line of the
Northwest 1/4 of the Southwest 1/4 of said Section
18; thence S 00°02'30" E, 774.34 feet along said
East line to the point of beginning_
The above described easement contains 0.565 acres
more or less gross and is subject to all easements,
rights -of -way or restrictions as now in use or on
record.
3. The Company, because the Hospital shall be responsible
for the pipeline working properly, shall promptly release and quit
claim to Hospital, any and all rights in its existing right-of-
way.
4. Hospital agrees that, at its sole expense, the ditch
shall be put into a pipe in accordance with the design of Resource
Consultants, Inc. and according to final plans and specifications
prepared by Resource Consultants, Inc. entitled Irrigation Ditch
Relocation for The Poudre Valley Hospital District and The Emigh
Lateral Ditch Company, dated July 6, 1984. Such final plans are
approved on this date in writing by Company President and shall
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serve as the basis for the construction of the pipeline within
the new easement. The Hospital agrees to pay all charges of
Resource Consultants, Inc. for the design of the pipeline and the
plans and specifications for relocating it. The Company shall
have no responsibility to maintain the pipeline once installed and
the Hospital shall be responsible except as later provided_
However, the Company may, in an emergency which affects the flow
of water in the pipeline, enter upon Hospital land for emergency
repairs if, upon request, the Hospital has not immediately under-
taken the repair. Any reasonable costs incurred by Company for so
doing shall be borne by Hospital when billed to .the Hospital by
Company and Company shall not be liable for the damages caused by
such entry unless it is negligent in connection with the entry.
5. The Hospital shall have the immediate right to install
the pipeline and -it shall be responsible to keep the present ditch
open to handle the existing water and storm runoff during construc-
tion or shall have such water carried by the pipeline_ The exist-
ing ditch may be closed -in by the Hospital as soon as the pipeline
is -operational and has been tested. The testing shall be promptly
completed so there is no delay in construction of other hospital
facilities. Subject to the availability of water,. the Company
shall cooperate with the Hospital and its engineers to make water
available to test the pipeline immediately to be sure it functions
properly. The closure of the old open ditch does not relieve the
Hospital from the responsibility of ensuring that the pipeline
functions adequately.
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6. All maintenance and repairs on the newly installed pipe-
line shall be borne by the Hospital but only so long as the Emigh
Lateral exists predominantly for the purpose of delivering irriga-
tion water.
7. The Hospital district shall have the right to channel
storm drainage water from the Hospital property into the pipeline
but such water shall not exceed the capacity of the pipeline and
for this purpose Hospital may construct detention ponds or other
appropriate improvements or facilities for the orderly discharge
of any increased storm drainage into said ditch. This.Agreement
does not require the Hospital to maintain or repair -the ditch as a
storm drainage ditch for the City of Fort Collins.
8. This Agreement shall be binding upon -and for the benefit
of the parties, their successors and assigns, and shall be recorded
by the Hospital and a copy showing recording information shall be
furnished to the Company.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the llth day of July 1984_
ATTEST: THE
J By:
Secretary
ATTEST:
Secretary
THE EMIGH LATERAL DITCH COMPANY
Pres ' ent
-4 -
STATE OF COLORADO )
) ss:
COUNTY OF LARIMER )
The foregoing was acknowledged before me this llth day of
July , 1984, by Robert V. Johnson, M.D. as President
of The Poudre Valley Hospital District. Vice -
My Commisslcm moires May 3, Imo;:
By -Commission expires: 1024 Fwt Oa4;4 Crta, M4
.t ess�my hand and.offic
l
STATE 1 �EI + COLORADO )
ss:
COUNTY OF LARIMER. )
Tl�e foregoing.was acknowledged before me this "! day of
1984, by a-, E, _;111. as President
of e migh Lateral Ditch Company.
My Commission expires:
Witness my hand and official seal.
Notary Public
110 E. OAK ST.
FT. COLLIN1S, CO 00524
-5-
82294 P0780 592833
*,, O-UNTY OF L ARlk1FR
Sk OCT 18 AM 10: 05
, F OF COLORADO
ATTORNEY'S CERTIFICATE
This is to certify that on the 22nd day of August, 1984, I
examined the title to the property as described hereon and
established that the owners and proprietors of record of the
said property as construed in C.R.C. 1973, 31-23-111, are as
shown hereon as of said date.
Property described hereon: right of way for water line to
serve the Poudre Valley Hospital with line to be east of
existing garage and east of proposed new addition to the
Hospital in the City of Fort Collins, County of Larimer, State
of Colorado, in the Southwest 1/4 of Section 18, Township 7
North, Range 68 West of the 6th P.M.
Owner and proprietor of record: The Poudre Valley Hospi-
tal District operating the Poudre Valley Hospital.
Those who might have an interest in the property in the
nature of easements are: The Emigh Lateral Ditch Co., City of
Fort Collins, Colorado for electric line in place, and The
Poudre Valley Hospital District for a sewer line in place.
Dated this 22nd day of August, 1984.
v,
ALDEN V. BILL
HILL AND HILL, P.C.
160 West Mountain Avenue
Post Office Box 421
Fort Collins, Colorado 80522
Telephone: (303) 482-3683
Registration No. 2021
:350
82294 P 0 7 7 9 592832 19ekOCT 13 AM10 04
�w COUNTY OF LARIMER
STATE OF COLORADO
AGREEMENT IN LIEU OF DRAINAGE EASEMENT DEDICATION
The Poudre Valley Hospital District, operating the Poudre
Valley Hospital, agrees with the City of Fort Collins that
it will construct and maintain drainage facilities and
detention ponds as now designed in connection with the new
addition to the Hospital or the Hospital will construct and
maintain a suitable substitute if there are changes in the
future.
The Hospital property is located in the SW 1/4 of Section
18, Township 7 North, Range 68 West of the 6th P.M., Larimer
County, Colorado.
Witness our hands and seals this 23rd day of August, 1984.
THE POUDRE VALLEY HOSPITAL DISTRICT
By,
��-
Gunther H. Seligmann
Associate Administrator
State of Colorado )
) ss.
County of Larimer )
The foregoing instrument was acknowledged before me this 23rd
day of August, 1984 �by Gunther H. Seligmann, Associate
Administrator of POud;'e Valley Hospital District.
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24)
u Notary Public
My notarial commis4 gkes:
My business address is: t OZc- I-MAy /Jptr - �LLI )5 l.0•��2
B2294 P0777 592830 184OCT 18 AM1004
%4r COUNTY OF LARIMER STATE OF COLORADO
NOTICE
Please take notice that on August 27, 1984, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final Plan of the planned
unit development known as Poudre Valley Hospital Expansion PUD which develop-
ment was submitted and processed in accordance with Section 118-83 of the
Ccde of the City of Fort Collins. The Final Plan of the subject property
together with the development agreement dated August 27,. 1984, between the
City of Fort Collins and the developer, out of which documents accrue certain
rights and obligations of the developer and/or subsequent owners of the sub-
ject property, are on file in the Office of the Clerk of the City of Fort
Collins.
The subject property is more particularly described as follows:
Lot 2, Poudre Valley Memorial Hospital Addition
Offsite easements required for utilities to serve this planned unit develop-
ment are recorded with the Larimer County Clerk and Recorder.
k
Secretary, Planning & Zoning Board
City of Fort Collins
Dated: SeCOT- 2§5 1Q