HomeMy WebLinkAboutANHEUSER-BUSCH INC - Filed OA-OTHER AGREEMENTS - 2002-12-31Page is too large to OCR.
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DATE: Jdnaury 27, 1984
AGREEMENT
FACTUAL BACKGROUND OF THIS AGREEMENT
Anheuser-Busch Incorporated, is a Missouri corporation having its
principal place of business in St. Louis, Missouri. It is hereinafter
called "Company." The City of Fort Collins, Colorado, is a municipal
corporation dully organized and existing under the laws of the state
of Colorado. It; is hereinafter called "City."
The Company has petitioned the City for annexation of certain lands,
which annexation is requested pursuant to the terms of the Master Agreement
between the parties dated December 31, 1982. As a part of the annexation
procedures, the Company has further requested preliminary and final
approval of its proposed planned unit development for its brewery site,
which planned unit development affects only a portion of the property
sought to be annexed which portion is described on Exhibit "A" attached
hereto.
Under the Code of Ordinances of the City of Fort Collins, approval
of any planned unit development is contingent upon the satisfaction
of a number of requirements, including the proper handling and disposition
of stormwaters. The subject of stormwaters is also addressed in the
aforesaid Master Agreement. Under the Master Agreement, the Company
may dispose of stormwaters under various described options, one of which
is set forth in Article V-6. This paragraph provides, in substance,
that the Company may elect to provide sufficient stormwater detention
on the site to control stormwater drainage and surface water discharges,
together with upstream flows which have historically passed over the
site, so as to maintain historic flows, or in some other manner as may
be agreed upon by others who would be affected. In the event that the
option under this paragraph is elected, the Company is to provide an
engineering report describing the historic flows and the Company's proposed
manner of dealing with them.
While the Company has not yet selected from among its options in
regard to stormwater discharges its ultimate choice as to their disposition
and has requested, in its Master Plan, the right to discharge and control
the waters in a variety of alternative ways, as allowed by the Code
of Ordinances and the Master Agreement, the Company desires that one
of its options should be in full compliance with the terms of paragraph V-6
of the Master Agreement. In regard to such option, the Company has asserted
that it is a successor in interest and, accordingly, entitled to the
rights and privileges concerning stormwater drainage as are set forth
in the Stipulation of the Parties and Order of Court in Civil Action
No. 21652 in the District Court in and for the County of Larimer and
State of Colorado, which decree and stipulation was entered on the 23rd
day of January, 1976, and recorded in Book 1682 at Page 863 of the Larimer
County, Colorado, records. The Company therefore proposes to retain
the right to control and dispose of its stormwater in the manner
contemplated and allowed by such stipulation and decree.
The City accepts the Company's position in this regard, but wishes
to assure itself that the City assumes no obligations imposed by that
decree, nor responsibility for the Company's actions thereunder.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City accepts the Company's position that the said stipulation
and decree grants the Company the right to control and discharge stormwater
drainage pursuant to its terms and agrees that the existence of the
said stipulation and decree removes any requirement that would otherwise
exist for further agreement between the Company and adjacent property
owners and affected ditch companies under Article V-6 of the Master
Agreement. The City, therefore, further agrees that, so long as the
remainder of the provisions and requirements of said Article V-6 of
the Master Agreement are met by the Company, the Company may rely upon
the stipulation and decree if it selects the option granted by said
Article V-6 in regard to stormwater control and drainage for its brewery
site.
2. The Company agrees that the Company alone is responsible for
its use of the drain in conformity with the terms of the stipulation
and decree; that it and the others mentioned in said stipulation and
decree are solely responsible for the maintenance of the drain pursuant
to the terms of the decree; that the City has no obligation in regard
to its operation and maintenance; and, further, that any damages, or
claims of damage arising as a result of the Company's use of the drain
under the terms of the stipulation and decree or any damages or claims
of damages arising as a result of its handling of the stormwater and
irrigation discharges from the brewery site are solely the concern and
responsibility of the Company and not the concern or responsibility
of the City, and that the City's approval of a planned unit development
on the brewery site does not imply any acceptance of responsibility
in this regard on behalf of the City. Accordingly, the Company does
hereby save and hold harmless the City from any and all liability, damages
and claims of damages arising as a result of any act or omission of
the Company in respect to the Company's use of such drain.
ATTEST:
i
ATTEST:
as
ANHEUSER-BUSCH INCORPORATED
By: , .
THE CITY OF FORT COLLINS, COLORADO
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A portion of the East One -Half (E 1/2) of Section 33,
Township 8 North, Range 68 West of the Sixth P.M., City of Fort
Collins, County of L•arimer, State of Colorado, which considering
the East line of said Section 33 as bearing S 00012'01"E and with
all bearing; contained herein relative thereto is contained
within the boundary lines which begin at a point which bears
N 89053124"W 831.33 feet and again S 00006'36"W 30.00 feet from
the Northeast corner of said Section 33 and run thence S 85000'E
593.60 feet along the Westerly right-of-way line of Highway I-25;
thence continuing on said Westerly right-of-way, S 000331E
2564.90 feet, and again S 00021'E 241.74 feet; thence leaving
said right-of-way line run West 2288.47 feet; thence S 11018136"W
407.92 feet; thence West 25.20 feet to a point on the Easterly
right-of-way line of the Burlington -Northern Railroad; thence
along said Easterly right-of-way line on the following courses
and distances: N 00020141"W 651.34 feet, and again S 89048'27"E
25.00 feet; and again N 00020'41"W 2268.79 feet; thence leaving
said Easterly right-of-way line, run East 30.00 feet; thence
S 05059120"E 107.09 feet; thence along the arc of a 409.28 foot
radius curve to the left, a distance of 455.79 feet, the long
chord of which curve bears S 38005148"E 432.60 feet, thence
S 70000'E 196.98 feet; thence along the arc of a 509.28 foot
radius curve to the right, a distance of 195.55 feet, the long
chord of which curve bears S 590001E 194.35 feet; thence
S 48000'E 112.96 feet; thence East 460.05 feet; thence North
1029.34 feet to a point or. the South right-of-way line of County
Road No. 52; thence S 39053124"E 565.04 feet along said South
right-of-way to the point of beginning, containing 132.2878 acres
more or less.
EXHIBIT A
9227 564609 MR MAY 10 AM1t1`:10
SITE AND LANDSCAPE COVENANTS
FOR
ANHEUSER-BUSCH, INCORPORATED SUBDIVISION
Situate in the NE 1/4 SEC. 33,
City of Fort Coll ins�ounty of Lorimer,
State of Colorado
The undersigned, fee owner of Anheuser-Busch Inc. Subdivision (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby speci-
fies that these declarations shall constitute covenants to run with all of
the Property and shall be binding on all parties and all persons claiming
under them, and for the benefit of and limitations on all future owners of
all or part of the Property, this declaration being signed for the purpose
of guaranteeing that the Property will be developed and landscaped ini-
tially and ';apt in desirable condition in the future as herein specified.
"Owner" shall include the signator to this document and all successors or
assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or con-
servation amenities, as described in the site and landscape plans submitted
to the City of Fort Collins and on record therewith shall be made and
installed in the manner as described in said plans unless amended pursuant
to the approval of the City of Fort Collins. With the exception of lands
necessary for construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and ap-
proved by the City of Fort Collins. It is further understood and agreed
that the owner of the Property, or its assigns or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped" areas and other amenities within said P.U.D. together with
all parking, sidewalks and open space areas and all areas otherwise uti-
lized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agreement, the
City of Fort Collins upon notifying said owner in writing of the matters in
regard to which default is asserted and should the owner fail either to
cure said default within thirty (30) days after receipt of such notice or
to commence within twenty (20) days to rectify such default until it is
fully rectified or cured, then the City of Fort Collins shall have the
right (1) to obtain, in the District Court of Larimer County, -Colorado, a
mandatory injunction requiring rectification of the default, or (2) to
enter upon said property and perform the work necessary to replace said
improvements or maintain the same and the owner shall pay or cause to be
paid to the City of Fort Collins such sums necessary to reimburse said City
of Fort Collins for the labor and material expended to complete or maintain
said improvements which payment shall be made within ten (10) days after
receipt of billing. The sum due and unpaid shall accrue interest at the
statutory rate for judgements from the date that such sum is due. If said
82271 P1064
billing is not paid, then the City of Fort Collins pursuant to the author-
ity granted by these covenants, shall have a lien on the above described
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; pro-
vided, however, that the City of Fort Collins shall not have a lien against
any single-family lots and improvements thereto within the Property, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to Colorado law for en-
forcement of liens against real property and may also, at its discretion,
without waiving any other rights it may have pursuant to law, proceed
directly with legal action against the owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
Anheuser-Busch Inc. Subdiv.which real property shall include the property
subject to these Covenants.
DATED this 26 tz day of T�t.u�
Owner Anheuser-Busch Incorporated
A Missouri Corporation
By
,'� it e ar y erac a, Authorized ge Ant
- �CTTE'ST:
As St. e rEt� ry
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
hThe.foregoing instrument was acknowledged before me this �% dayof
19Barry by H . Beracha a s Auth . Agt .
and
as/Secretary
Asst.
l� Cb4iission expires:
-Wi cnes:s-iy hand and official seal .
SANDRA EDINGER, NoWy We Notary Public
STATE OF MISSOURL COUNTY OF ST. LOW$
MY COMMISSIOM Ell NO 54V
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82271 P1067 564611
COUNIT`t' OF L ,RIMER
Sh MAY 10 AN Ii' 10
.�Ti,1 E 0 �G'_ y`A0�'
NOTICE
Please take notice that on January 24, 1984, the Planning and Zoning
Board of the City of Fort Collins, Colorado, approved the Final Plan of the
planned unit development known as ANHEUSER-BUSCH INC., FORT COLLINS BREWERY,
which development was submitted and processed in accordance with Section
118-83 of the Code of the City of Fort Collins. The Final Plan of the subject
property out of which accrues certain rights and obligations of the developer
and/or subsequent owners of the subject 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:
A plat. of Anheuser-Busch, Inc., subdivision situate
in the east 1/2 of Section 33, Township 8 North,
Range 168 West of the Sixth P.M., Fort Collins, Larimer
County, Colorado
*iiy er e ret ry, anning Coning oar
Ci of Fort Collins
Dated l °%8
5646 10
084MY 10 AM11:10
82271 P1065
COUNTY OF LATIMER
NOTICE
S TA T E 011 GO' n" 1 n n-0
Please take notice that on January 24, 1984, the Planning and Zoning
Board of the City of Fort Collins, Colorado, approved the Master Plan known
as ANHEUSER-BUSCH PROPERTIES, which development was submitted and processed
in accordance with Section 118-83 of the Code of the City of Fort Collins.
The Master Plan of the subject property out of which accrues certain rights
and obligations of the developer and/or subsequent owners of the subject
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:
See attached Exhibit
ity er
ecr ary, anning oning Board
City of Fort Collins
Dated: /
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82271 P1066
,J.....gal d-t:;Scription
A tract of land situate in the County of Larimer, State of Colorado to wit:
A portion of the North One-half of Section 4, Township 7 North, Range 68 West
of the 6th P.M.; ANC► the East One-half of Section 32 and a portion of Section 33,
all in Township 8 North, Range 68 West of the 6th P.M., which, considering the
South line of the East 1/2 of said Section 32 as bearing N 891 57' 46" W and with
all bearings contained herein relative thereto is contained within the boundary
lines which begin at the South 1/4 corner of said Section 32 and run thence
N 000 33' 14" W 5290.09 feet along the West line of said East 1/2 to the North 1/4
corner of said Section 32; thence S 89' 41- 08" E 2637.63 feet along the North line
of said East 1 /2 to the Northwest corner of said Section 33; thence S 891 53' 24" E
4432.26 feet along the North- tine of said Section 33 to a. point on the Westerly
right-of-way line of the Colorado State Highway Department; thence along said
Westerly right -of -wall line orv-the following courses and distances: S 00' 06' 36" W
30. 00 feet, and again S. a5' 001' E 593.60� feet. and again S 001 33' E 2564.90 feet,
and again S 00* 21' E 2529: 10+ feet, and again S 8e 56' W 769.30 feet, and again
S 00' 09' W 60.00 feet, and again S aV 3S' E 763.70 feet, and again S 006`26' 1'i
1948. 98 feet to a point on the- Northerly right-of-way line of the Larimer and
Weld Canal; thence along, said- Northerly right-of-way line on the following -„
courses and distances: N- 8V 25° 45" W 92.96 feet, and again S 860 3W 15" W
1900.00 feet, and again S 68' 34•'` 15" W 100.00 feet, and again S 55* 54' 15" W -
200.00 feet, and again S. 36'-' 5LV TV * 200-00 feet; thance S 89* 34' 15 W 15.00
feet to a point on the North -South Center line of said Section 4; thence S 000
03` 25" W 140.00 feet to the Center 1/4 corner of said Section 4; thence N 8.9° 15'
23" W 2627. 54 feet to the West- 114 corner of said Section 4; thence N 000 20' 02" E
2580.04 feet to the Southwest corner of said Section 33; thence N 89' 57' 46" W
2639.51 feet along the South line- of the East 1/2 of said Section 32 to the point
of beginning, EXCEPT that tract of land described and recorded in Book 1336
at page 298 in the records of the Clerk and Recorder of Larimer County, more
particularly described as follows: Begin at a point on the East right-of-way
line of County Road No. 9, which point bears S 00* 35` 40" E 823. T3 feet, and
again N 890 24' 20" E 30. 00� feet from the Northwest corner of said Sections 33
and run thence S 35" 00' 40" E 64.22 feet; thence S 290 56' 40" E T14.42 feet;
thence S 14' 2r 40" E 95. 50 feet; thence S 02' 34' 40" E 16. 92 feet; thence
S 89P 24' 20" W 115.72 feet to a point on the East right-of-way line of County
Road No. 9; thence N 000 35' 40" W 262.37 feet to the point of beginning.- The
above described annexation contains 1197.74 acres, more or less..
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