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Home My WebLink AboutCSU PARKING STRUCTURE AMENDED DEVELOPMENT CONSTRUCTION PERMIT - Filed DCP-DEV. CONSTRUCTION PERMIT - 2010-12-30AMENDMENT OF DEVELOPMENT CONSTRUCTION PERMIT AND AGREEMENT THIS AMENDMENT OF DEVFOPMENT NSTRUCTION PERMIT AND AGREEMENT ("Agreement") dated this q 2 G ' day of , 2010 (the "Effective Date"), is made by and between THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY, whose mailing address is P.O. Box 483, Fort Collins, CO 80522, Attn: Real Estate Office (hereinafter referred to as "CSU") and THE CITY OF FORT COLLINS, a Colorado Municipal Corporation, whose mailing address is 300 LaPorte Avenue, Fort Collins, CO 80521 (hereinafter referred to as the "City"). RECITALS WHEREAS, CSU submitted to the City a Development Construction Permit No. 09-03 dated June 5, 2009 (the "Permit") for the construction of the Lake Street Parking Garage, also referred to as CSU Building # 0250, located at 1508 Centre Avenue; WHEREAS, the Permit states in paragraph 8 that: "Acceptance by the City of the public improvements shall be after (1) dedication documents for Prospect Road Right-of-way and utility and drainage easements in acceptable format have been fully signed and received by the City" and WHEREAS, this Agreement clarifies and modifies that portion of paragraph 8 of the Permit quoted above. NOW THEREFORE, for and in consideration of the covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CSU and the City understand and agree as follows. AGREEMENT 1. Utility Easements along Centre Avenue and Prospect Road. CSU agrees hereby to convey to the City, at no cost, perpetual, non-exclusive utility easements on property owned by CSU along Centre Avenue and Prospect Road (the "Utility Easements"), which easements shall be formalized by a Non -Exclusive Utility Easement Agreement to be signed by all parties hereto, which easement document shall encompass the real estate described more particularly on Exhibit "A", attached hereto and incorporated herein by this reference, and shall be so described in said easement document. The easement document shall be prepared by the City and submitted to CSU. Upon mutual agreement as to the form and contents of said easement document, said document shall be signed by the parties hereto, 2. Dedication of Right-of-way along West Prospect Road. CSU agrees hereby to dedicate to the City, at no cost, a parcel of real estate as right-of-way on property owned by CSU along West Prospect Road, upon the following conditions precedent: RECEPTION#: 20100078863, 1211012010 at J GITY OF FORI COLS K` 03:38:55 PM, RES 1 OF 8, R $46.00 TD Pgs: 0 Scott Doyle, Larimer County, CO a. The City has determined and approved that West Prospect Road should be widened from its present right-of-way boundary east of the intersection of Centre Avenue and West Prospect Road on CSU property; b. The City has prepared plans and specifications for the widening of West Prospect Road, east of the intersection of Centre Avenue, which plans include a legal description and sketch showing the exact location and size of land needed from CSU for such right-of-way widening, not to exceed a width of twenty-one feet (21') on CSU property on the north side of the present right-of-way; c. The City has provided such plans and specifications to CSU, through Facilities Management Department, for CSU's review and opportunity to provide recommendations for revision of such plans affecting CSU and/or CSU property, either directly or indirectly, and which final plans shall include a legal description and sketch of real estate needed from CSU for such widening project to be included as an exhibit on any deed of conveyance by CSU to the City; d. The City has funding appropriated and encumbered sufficient to fund the construction of the widening of West Prospect Road on CSU property, excluding any administrative costs associated with the dedication of right-of-way by CSU to the City by this Agreement; and e. The Board of Governors of the Colorado State University System must give CSU specific approval for such dedication of right-of-way to the City. The conveyance of such real estate shall be formalized by a Right -of -Way Dedication Deed (the "Prospect Dedication"), showing the legal description of the real estate needed for such right-of-way, as described in paragraph 2.c. above, to be signed by all parties hereto. The conveyance document shall be prepared by the City and submitted to CSU. Upon mutual agreement as to the form and contents of said conveyance document by all parties hereto, said document shall be signed by said parties. This Agreement shall revise, modify and supersede the provisions and requirements of paragraph 8 of the Permit as described above. Acceptance by the City of the public improvements described in the Permit shall be after conveyance of the Utility Easements along Centre Avenue and Prospect Road described above, but shall no longer be conditioned on the dedication of Prospect Road right-of-way. 4. No other parts or portions of the Permit shall be affected hereby, unless said portions are in connection with the modifications and revisions contained herein. APPROVED: rlylozm-s FpRT.ATTEST:EAL to ' City Clerk r ' _ ,.;;•� APPROVED AS TO FORM: 6'a Dli Assistant City Attorney THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY By: r 4.54— Amy[L."Par Vice Presid nt for University Operations THE CITY OF FORT COLLINS, A Colorado Municipal Corpo tion, By: City Manager EXHIBIT "A" Page 1 of 5 TETRA TECH, INC. 21 FOOT UTILITY EASEMENT ("PROSPECT EASEMENT") LEGAL DESCRIPTION A 21 FOOT UTILITY EASEMENT OF A PORTION OF BLOCK 9, A. L. EMIGH'S SUBON1S1ON, SITUATE IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 8TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 21.W FEET OF A PORTION OF BLOCK 9, A. L. EMIGH'S SUBDIVISION AND I EXCEPT THAT PARCEL DESCRIBED IN BOOK 171 PAGE 452, AND BOOK 1143 PAGE 690. THUS DESCRIBED UTILITY EASEMENT CONTAINS 0.109 ACRES, MORE OR LESS. REG QR,i � C Y �+ 12 5-15-2009 ' DATE:. 5-15:2009 DAVID W. CRANFIELD, ,Oy.,R.ADO PL 29412 FOR AND ON BEHALF �AdI T.EgQ "3 05/15/09 BKT P:1133_03716 06001 CSU Parking StructurelSupportDocstLEGAU21 3.777.7039 wwwtetraroch,com EXHIBIT "A" Page 2 of 5 IAKF. STREET N R9145,f6- iT $ 89-26'p4" lY S &Y'.5$".44 (!' 4�.79' fLIIO ` 1 _ S 09126'24' IY w EY.00' k'4.98' :; THIS EXIBIT DOES NOT REPRESENT MONUMNETED SURVEY, IT IS ONLY INTENDED TO DIPICT THE ATTACHED DESCRIPTION u ocn BLOCK 9 A. L. Emigh's Subdivision TILITY EASEMENT 0,109 AC 4,730 SQI T S 21.00' N89' Sd' 27'W 226.28' 21.00' 43.111' 41.00" / /� .S 89'3! 23" R S tiR•54 :i7" g 20,E rR S OD'13 �0" S 3Q.RO' d5.U8' .20' I�_ %1_•ilf � �20Q• h _ST!1#7fC4kA.i'JI,1t 0�9'64w'»" i .5�5..4r1.i' � r �SSEC. JM �T•, w/ r, 2 CAP. PROSPECT 14,t, MOW ra,O sw" c So "tI.10'-/ 77A5 ptylC .B. H/d lift WMIKIED McMS ( 9EA91M6,Mq L.S. 17497LIRMti049. R a Drawing Descr4ftn Pr*cl No.: 133.03716.080D1 1. TETRA TECH Date: 05112M UTILITY EASEMENT Dealgr*dBy; BT wwakkaLa .arn gMISITA »ouus.umelstim.Bid. r-F CSU PARKING STRUCTURE I.-WHAL caknMu 60601 PB�E 2 of 5 PIpJE (3D� 77234a2 FAX: (+i0'd1772-T079 Copyright: Tetra Tech EXHIBIT "A" Page 3 of 5 TETRA TECH INC. UTILITY EASEMENT ("CENTRE AVENUE EASEMENT") LEGAL_ DESCRIPTION A UTILITY EASEMENT WITHIN BLOCK 9, A. L. EMIGH'S SUBDIVISION, SITUATE 1N.THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 14, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 14 BEARS SOUTH 8965427" EAST; THENCE ALONG; THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 14 SOUTH 89154'27" EAST 781.20 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 000 19'00" WEST 51.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF CENTER AVENUE AND THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 00"1.9'00" WEST 607.00 FEET TO A POINT ON THE NORTH LINE OF SAID BLOCK 9; THENCE ALONG SAID NORTH LINE NORTH 89026'24" EAST 40.88 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 113'01111" WEST 122.81 FEET; THENCE NORTH 90'00'00' EAST 7.40 FEET; THENCE SOUTH 00'19'00" EAST 386.55 FEET; THENCE NORTH 89'54'27" WEST 26.00 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED UTILITY EASEMENT CONTAINS 0.313 ACRES, MORE OR LESS. w6l y • W . cRgy� c, c� 442 � 1 DATE: 6-10-2009 DAVID W. CRANFIELD,� t] ORADO PJL� 29412 FOR AND ON BEHALF O� #XARA.TG6 :(S ' 06/10/09 BKT 1900S.Sumset5treet Suite 1-f Longmont Co e0Soi Tel:303.7725282 Fax 303.7727039 www.tetratech.corn P:1133 U3716 08001 CSU Parking StructurelSupportDocs%LEGALIUTILITY EASEMENT.don EXHIBIT "A" Page 4 of 5 I LAKE STREET . rv'�d x 68W'24" a zay.oe' i F� D s, �at THIS EXHIBIT DOES NOT REPRESENT I AMOMMENTEDBURvEy. FTIS40NLY oh as INTENDED TODFPICTTHEATTACHEI) DESCRIPTION o y i o �NDWOO'OD" E 7.49 • W ka � � Rr m S1 R 0 30' 60' 120' }qqi �FFFF////t�t� ��• 6a Ift a qi 13 LOCK 9� nre ��- A. L Em1911i'8 $UbdMaion % I& z 4lta / �g M kiS UTUTY EASIRMENr D.313AC. 13,837.21 SOFT, POINTOF ' SWI r'-POINTOFNNpiGA # .fA' 4t s� •Eiva' N89•b4'27°W 26.00' S E9'�#'2aw Zt �$ S a;!•sd sr" R 7H1.�' 1$S.kl .35.G� ••� 0'— S SEC W TA{ r-a*Ji' � W;,MCK +ova+a is iknaa w/ A 2 t PROSPECT ROAD V1 alwNiaL i& !.i •' 1 uA'� .C. ::;E SE 4//< tsas7 i% FANGE aNC. (A4*WSfiD rl N 111 Wi'.3 = Ib T?.% rwuo a' AuNMU ctr, Ml- �7597 1!1 Itti� RUD(. Drawft Daacdp0an PtOldd o.: 133.OS716AB001 N TETRA TECH UTILITY Dah DtirlDIM EASEMENT' oaalCmeaay aT WBIT A iep s.5m�181ge1, ele. t.p CSU PARKING STRUCTURE Plf01E: pD�7lfdta2 FAIA7t'�°'°"&'°�� namst Page 4 of 5 CopyrIght Taira Tach EXHIBIT "A"