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Home My WebLink AboutGATES AT WOODRIDGE PUD FOURTH - Filed OA-OTHER AGREEMENTS - 2002-12-13RCPTN # 88013212 03;-3/88 13:31:57 # OF PAG"- - 4 FEE - $12.00 LA. RODEN3ERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00 • � � :••� 1 • •d'.�I• ICI WHEREAS, ARAPAHOE FARM, INC., A Delaware Corporation, on the 16th day of February, 1988, executed a certain Deed of Easement to the City of Fort Collins for the installation of utilities, which easement covers land in Larimer County, Colorado, described on EXhibit "A" attached. NOW THEREFORE, DMM P. ARANCI, JAMES A. ARANCI, and JEAN ANN MCPWnMS, the holders and owners of a Deed of Trust recorded in Book 2266 at Page 1896 of the Larimer County, Colorado records, for a valuable consideration, the receipt of which is hereby acknowledged, hereby consents to the terms and provisions of said easement aforesaid without, however, joining in any of the warranties, guarantees or indemnities contained therein, and agree that the subject Deed of Trust shall be subordinate to such easement in the event of foreclosure thereof. Bv(/ Miane P. Aranci , STATE OF OOLDRADO) ) ss COUNTY OF LAFL=) Subscribed and sworn to before me by Duane P. Aranci. Witness my hand and official seal. My Commission expires: 'AHe. 101JUCl - By aineg A. Aranci STATE OF ro j p f Ck C ) ss COUNTY OF co SU—Dscribed and sworn to before me by James A. Aranci. Witness my hand and official seal. my co-n-anission expires: No Pub is Add es--: By ean Ann McPhetres STATE OF ss COUNTY OF Subscribed and sworn to before me by Jean Ann McPhetres. Witness my hand and official seal. My Comission expires: -PA M 4, :�- ad:f:4 Notary Pdbirc u i4w, ft,**" Address: Gi*%" Nprinw :0 M I W-0 i 1 ; A PERMANENT 40' RIGHT-OF-WAY AND A TEMPORARY 60' CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO DESCRIPTION A 40 foot Right -of -Way and a 60 foot temporary construction ease- ment on, over And across a certain parcel of land described in Rook 2266,__ Pape 1895, Larimer County records located in Section 2A,_Townsl�ip 1 North, Range 69 West of the 6th P.M. ("subject parcel"), County of Larimer, State of Colorado, and described as follows: That portion of A Right -of -Way 40 feet in width located on the subject pnrcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be 15 feet Southerly and 25 feet Northerly as measured at right angles and parallel with the centerline as constructed and the centerline described As follows: Also; A construction easement 60 feet in width located on the subject parcel with foreshortened and prolonged sidelines to meet the property lines of the subject parcel and shall be the Southerly 60 feet of the Southerly 75 feet as measured at right angles And parallel with the centerline as constructed and the centerline described as followst Considering the East-Wnst centerline of said Section .28 as bearing, North 89°50146" East, and with all bearings contained herein relative thereto: Commencing At the West Quarter corner of said Section 34; thence Along said East-West centerline, North 89650146" East, 30.00 feet to the Easterly Right -of -Way of Taft Hill Road; thence along said Right-of-%4y, South 0°24'05" East, 25.06 feet to a point on the aAid described centerline, said point being the POINT OF BEGINNING; thence along said centerline, North 89.50'46" East, 2615.R3 feet to a point on the North -South centerline of said Section 34, said point also being the Terminus of said centerline. The location of said easements in relation to the subject parcel is further illustrated on the attached Exhibit "A" The above described Right -of -Way contains 2.404 acres more or less and the above described temporary construction easement con- tains 3.603 acres more or less and is subject to all other easements, restrictions and rights -of -ways now on record or existing. RBD, Inc. , Terry G. Everett, P.L.S. Colo. Reg. No. 17483 .. EXHIBIT "A" ►-°-��'•�• SHEET 1 OF 2 A PERMANENT 40' RIGHT-OF-WAY AND A TEMPORARY 60' CONSTRUCTION EASEMENT LOCATED IN SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO ,00' Z.4' 05' 6 Z.5. oce $ a telcrluus FbIN'( 90.00 P 14-f 0w 6e-6jsNNiwc j l.o' coNsr. Lltwf Wma SCALE 1"-200' I.. EXHIBIT "A" SHEET 2 OF 2 THE GATES AT WOODRIDGE P.U.D., FOURTH FILING (PHASE 1) AMENDMENT AGREEMENT NO. 2 THIS AMENDMENT AGREEMENT, made and entered into this Z day of N�A� of 199 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation, ("City"), and B & N Investments, Inc., a Colorado Corporation, DBA Woodcraft Homes ("Developer"), is an amendment to that certain Development Agreement dated January 26", 1996 by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties presently desire to modify the Development Agreement; NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree to amend the terms and conditions of the Development Agreement as follows: ,4r W,*JW A. The Development Agreement is hereby amended by the addition of Exhibit "B" hereto and incorporated herein by this reference. B. All other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect, except as expressly amended in this Amendment Agreement No. 2. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation By: O 1. �,ZY City Manager A , TEgT CITY APPROVED AS TO CONTENT: 7 ' f Director of Engineering APPROVED TO FORM: Deputy City Attorney DEVELOPER: B&NI �esm Woodc afto By:kz / A. Be ATTEST: Linda G. Berger, Secretary/ Treasurer Corporation, DBA (Corporate Seal) EXHIBIT "B" The development Agreement for Gates at Woodridge, 4t' Filing, Phase 1 City of Fort Collins, Larimer County, Colorado Cost Estimate for Major Drainage Improvements McCelland's/Mail Creek Drainage Basin Woodridge Detention Pond The following cost estimate for the improvements constitute costs associated with major drainage improvements which are eligible for developer repay. These costs are based on construction estimates from Woodcraft Homes and negotiations between the developer and the City. Item Unit Quant Unit Cost Total Cost Developer Share City's Share Easement LS 1 $93,150.00 $93,150.00 $31,018.95 $62,131.05 Earthwork CY 5500 $2.85 $15,675.00 $5,219.78 $10,455.23 Eliminate Pipe, add open channel LS 1 $0.00 $0.00 $0.00 $0.00 Curb and Gutter LF 75 $11.901 $892.50 $297.20 $595.30 Landscaping to /trees/s rinkler/seed SF 49867 $1.15 $57,347.05 $19,096.57 $38,250.48 Engineering LS 1 $35,500.001 $35,500.00 $11,821.501 $23,678.50 $202,564.55 $67,454.001 $135,110.55 Prepared by: Lincoln H. Mueller, Jr. Title: Water Utilities Project Manager November 28, 1998 THE GATES AT WOODRIDGE P.U.D., FOURTH FILING (PHASE I) AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT, made and entered into this/il `/day of&LI=141�t�/ of 199 by and between the CITY OF FORT COLLINS, COLORADO, a municipal corpo/ation, ("City") and B & N INVESTMENTS, INC., a Colorado corporation, DBA Woodcraft Homes (`Developer"), is an amendment to that certain Development Agreement dated January 26, 1996 by and between the City and the Developer, hereinafter referred to as the "Development Agreement." WHEREAS, the City and the Developer previously executed the Development Agreement; and WHEREAS, the parties are presently desirous of modifying the Development Agreement; NOW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree that subheading II (Special Conditions) Paragraph C. shall have the following sub -paragraphs added to read as follows to wit: 7. The Developer has failed to complete certain required portions of the approved erosion control plans for this development which are mandated by the Development Agreement. Current weather conditions make it physically impossible for the Developer to do so at this time. The City and Developer agree that erosion control is an important element in the protection of existing lands, streams, lakes, wetlands, and rivers that may be adversely impacted by sediment - laden runoff resulting from construction activities. The City and the Developer agree, therefore, that no building permits for this development will be issued until the following conditions are met: 1) all required straw bale check dams shown on approved erosion control plans are installed per City specifications, 2) all gravel inlet filters shown on the approved erosion control plans are installed per City specifications; 3) the City Stormwater Department shall be contacted when these installations are complete in order that they can be inspected for compliance with City specifications and project plans and the Developer shall immediately correct any installations or portions of installations which are not per City specifications and project plans; and 4) The Developer shall have in place a signed contract with a qualified reseeding/mulching contractor stipulating that the seeding and straw mulching of all areas which have been stripped of vegetation will be completed per City specifications and the approved erosion control plans for this development as soon as snow cover is sufficiently gone and the soil sufficiently thawed to accomplish this work. The determination of the time when the soil is sufficiently free of snow and sufficiently thawed shall be made by the City Stormwater Department in conjunction with the reseeding contractor. If there is disagreement on this issue, the determination made by the City Stormwater Department shall be controlling . When these conditions are met, the City and the Developer agree that no more than 5 building permits (in addition to the 2 which were released previous to this amendment) will be issued until such time as the reseeding/mulching has been completed. 8. The City and the Developer agree that if at any time after their installation and approval the required straw bale check dams and inlet filters are not properly maintained per City specifications, any building permits and/or certificates of occupancy not yet issued for the development shall be withheld until such time as required repairs are made. Except as modified above, all other terms and conditions of the Development Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: J CITY CLERK APPROVED AS TO CONTENT: Director of Engmeering I gPROVED AS TO FORM: -44 Assttant City Attorney ATTEST: THE CITY OF FORT COLLINS, COLORADO, a Muni al C/no�rpoo�ratio��njj By: 'i • `Fo�J�i�s City anager DEVELOPER: B&NINVE,�' M Gary A. Berger, SecMt r�/Treasurer (corporate seal) INC, a Colorado rA Homes