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Home My WebLink AboutBLOCKS 18 AND 19 AND LINDEN STREET - Filed RV-ROW VACATION - 2006-06-138 2 � 10 � t� I �.f 6 8 1933 DEC 13 Alit 11: 2 r COUNTY Ci� 1_, >�la 7FR STD � E Or ORDINANCE NO. 34 , 1983 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF BLOCKS 18, 19 and LINDEN STREET IN THE CITY OF FORT COLLINS WHEREAS, the City Council has received a request to vacate a portion of Blocks 18, 19 and Linden Street in the City of Fort Collins, as more particularly set forth below; and WHEREAS, the purpose of said vacation is to trigger a series of transactions which will ultimately vest ownership in the Downtown Develop- ment Authority of most of the vacated property together with certain properties presently owned by others; and WHEREAS, said vacation shall further be conditioned upon the blanket reservation by the City of Fort Collins of a utility and access easement over, under, across, and upon all of said vacated property for the purpose of construction, reconstruction, renovation, repair, alteration, modifi- cation, improvement, relocation and maintenance of or to any utilities that may presently or in the future be located within said vacated property; and WHEREAS, the rights of the residents and property owners of the City of Fort Collins will in no way be prejudiced or injured by said vacation as herein conditioned. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a portion of Blocks 18, 19, and Linden Street in the City of Fort Collins as hereinafter described, to wit: A part of Blocks 18, 19 and Linden Street in the City of Fort Collins, according to the recorded plats thereof, County of Larimer, State of Colorado, being described as follows: beginning at the southwest corner of said Block 18; thence N 89°57'40" E 59.79 feet; thence N 41016'20" E 91.31 feet to the True Point of Beginning; thence N 41°16'20" E 100.00 feet; thence N 48°43'40" W 44.20 feet; thence N 56°53'05" E 20.77 feet; thence S 48°43'40" E 38.61 feet; thence N 41016'20" E 180.00 feet; thence S 48°43'30" E 100.00 feet; thence S 41°16'20" W 85.00 feet; thence S 60*49' 20" E 71.59 feet; thence N 60055'45" E 74.33 feet; thence S 48043'30" E 38.13 feet; thence S 89°57'40" W 43.08 feet; thence S 60055'45" W 57.83 feet; thence N 60049'20" W 57.46 feet; thence S 89°57'40" W 33.45 feet; thence S 41°16'20" W 186.38 feet; thence S 89057'40" W 30.00 feet; thence N 23001'15" W 13.82 feet; thence N 41016'20" E 15.00 feet; thence N 46*46' 00" W 65.06 feet to the True Point of Beginning, containing 34331.73 square feet more or less. M M be, and the same hereby is, vacated, abated and abolished, subject to the conditions and reservations as herein contained; and BE IT FURTHER ORDAINED, that said vacation shall be conditioned upon the blanket reservation by the City of Fort Collins of a utility and access easement over, under, across and upon all of said vacated property for the purpose of construction, reconstruction, rennovation, repair, alteration, modification, improvement, relocation and maintenance of or to and and utilities that may presently or in the future be located within said vacated property. Introduced, considered favorably on first reading, and ordered pub- lished this 21st day of June, A.D. 1983, and to be presented for final passage on the 5th day of July, A. Y assed and adopted on final reading this 5th day of July, A.D. 1983. Ma y rIl TE Ek i N vI ` h x 1 -2- s AGREEMENT THIS AGREEMENT is made and entered into this '5f day of ;SLI1�4 , 1983, by and between The City of Fort Collins, Colorado, a Municipal Corporation (herein sometimes designated as "City"), and Old Town Associates, Ltd., a Colorado Limited Partnership (herein sometimes designated as "Owner"). WITNESSETH WHEREAS, the Owner is the owner and developer of a mixed use development project planned for development and redevelopment in the "Old Town" area of Fort Collins, Colorado, adjoining the 100 Block of Linden Street; and WHEREAS, the Owner is working with the Downtown Development Authority of the City of Fort Collins, Colorado, in connection with the design and development of the project; and WHEREAS, an Implementation Agreement has been entered into between the Downtown Development Authority of the City of Fort Collins (the "Authority") and the Owner which sets forth the relationship of the Owner and the Authority to the project and their rights, duties and obligations in connection therewith; and WHEREAS, such Implementation Agreement, the preliminary plans for the project and other details of the project have been pre- sented to the City, and the City has approved the project as a Downtown Development Authority project pursuant to the statutes of the State of Colorado; and WHEREAS, the Owner has requested that the City vacate the 100 Block of Linden Street and certain alleys in adjoining lots, and the City has passed the vacation ordinance (Ordinance No. 1983- on first reading; and WHEREAS, it is the intent of the Owner and the Downtown Development Authority as more fully set forth in the Implementa- tion Agreement that portions of the vacated streets will be retained by the Owner and building improvements constructed there- on while other portions of the vacated ways and other lands owned by the Owner will be conveyed to the Authority to be utilized as a pedestrian plaza; and WHEREAS, the Implementation Agreement provides that if the project is not constructed in accordance with the terms and pro- visions of said agreement, the Owner will rededicate any portion of the vacated ways retained by the Owner to the City as public street and alley riqhts of way; and WHEREAS, the Owner has also agreed that the City will con- tinue to use the vacated ways retained by it as street and alley rights of way until construction of its project begins. NOW, THEREFORE, the parties agree as follows: 1. Effective when the vacation of streets and alleys pursu- ant to Ordinance No. 1983-84 is effective, the Owner hereby grants to the City a temporary right of way and easement over and across any portion of such vacated ways retained by the Owner and not conveyed to the Authority. Such easement and right of way shall be for street, alley and sidewalk use. 2. The foregoing easement and right of way shall terminate at such time as Owner commences construction of building improve- ments upon the vacated areas retained by Owner. 3. In the event Owner fails to commence construction of its project by the 15th day of October, 1983 (or such later date as may be mutually agreed to by the Owner and the Authority), the Owner agrees to rededicate to the City all of the vacated ways retained by it and not conveyed to the Authority. Such rededica- tion shall be made in such a manner that the City reacquires all rights which it previously had in that portion of the vacated ways retained by the Owner and not conveyed to the Authority. 4. The easements and rights of way herein granted and pro- vided for shall be in addition to all easements and rights of way retained by the City in the vacation ordinance or provided for in the Declaration of Covenants, Conditions, Restrictions and Ease- ments, Old Town Project, attached to the Implementation Agreement between the Owner and the Authority. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first hereinabove written. ATTEST: City APPROVED,, AS TO FORM: �y Assistant City Attorney THE C OF FORT COLLINS, COLORADO A Mufti,4i ax'Corporation By LOLD T TES, , TD. A Colo Limited Partnership B y :