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Home My WebLink AboutSOUTH MESA - Filed OA-OTHER AGREEMENTS - 2012-01-19s M AGR=- MW THIS AGREFrIE<'VT is made and entered into this 3,/,I--day.of -q_ A.D. 1973, by and between the CITY OF FORT c COLLINS, Colorado, a municipal corporation (hereinafter sometimes designated as "City") and GENE GOLD61OR'Iii (hereinafter sometimes designated as "owner"). WITNESSBI I : MLEREAS, the City owns and operates a sanitary sewer system for the benefit of its residents and also under certain conditions extends service on said utility to properties outside the City limits which can be served by said utility, and MERE -AS, Owner is the otaaier of certain property more particularly described on Exhibit A attached hereto which property is now outside of the limits of the City, and Wi:JT.I:AS, Owner desires to obtain a tap on said sewer utility and the City is willing to grant such tap under certain terms and conditions hereafter expressed. NOW, '11JEZEFORE, in consideration of the terms of the within agreement, tie parties hereto agree as follows: 1. The City hereby agrees to grant to Owner a tap on its sewer utility for the purposes of serving the property described on Exhibit A attached hereto and by this reference made a part hereof. 2. Concurrently with tine execution of this agreement the Owner has paid to the City all fees and charges,required for the issuance of such tap. Said fees and charges being the following: Fee Amount Plant investment fee . . . . . . . $740.00 ,,.,. Park fee (if applicable;) .' -, =0- r ,ttain extension repay charge (if applicable) 501.05 In addition, the Owner agrees to pay all charges imposed by the City for labor in maI:ing the tap after such tap is made as required by the Ordinances of the City. 3. In accordance with the requirements of Ordinance No. 96, 1972 ijA I U i u tuv J U -1 Row;�a.a�UL 2 7 �dlb ato3.�� be"Doo PROTECTIVE COVENANTS FOR INSTALLATION, MAINTENANCE AND REPLACEMENT OF LANDSCAPING FOR A PLANNED UNIT DEVELOPMENT DESCRIBED AS LOT 18, SOUTH MESA SUBDIVISION, SITUATE IN THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO The undersigned, Brian R. Wingfield and Marie R. Wingfield, being the owners of the above -described land, hereby make the following Declaration of Protective Covenants which shall be deemed to run with the land and shall be binding on all persons claiming under them. The purpose of this Declaration is to guarantee that the above -described property will be landscaped initially and maintained as herein specified. The landscaping as described in the landscape plan submitted to the City of Fort Collins and duly recorded shall be installed as described in said plan. The under- signed, their assigns or successors in interest, shall be responsible for the maintenance and care, including neces- sary replacement of dead trees or shrubs, of all landscaped areas as shown on said landscape plan. If the owners shall at any time fail to maintain the landscaped areas in reason- able order and condition, the City of Fort Collins, upon notifying said owners in writing of the matters in regard to which default is asserted and should the owners then fail to either cure said deficiencies within thirty (30) days there- after or to commence within twenty (20) days to rectify such deficiencies and continue thereafter to use due diligence to rectify such deficiencies until they are fully rectified or cured, shall have the right to enter upon said property and perform the work necessary to replace said landscaping or maintain same; and the current owners shall pay to the City of Fort Collins such reasonable sums necessary to reimburse said City of Fort Collins for the labor and material expended BK1876 POO9O5 M M to complete or maintain said landscaping, which payment shall be made within ten (10) days after receipt of billing. If said billing is not paid, then the City of Fort Collins, pursuant to the authority granted by these covenants, shall have a lien on all property and improvements on the real property hereinabove described, said lien to be perfected by filing a notice of said lien against said property and Improvements thereon. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for enforcement 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 owners, their assigns or successors in interest, to collect payment of the reasonable amounts so expended pursuant to the terms hereof. Dated at Fort Collins, Colorado this 13th day of April, 1978. Brian R. Wingfie Marie R. Wingfi` 11d STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 13th day of April, 1978, by Brian R. Wingfield and Marie R. Wingfield. Witness my hand and official seal. My commission expires: March 7, 1981. k. Notary Public -2- L SUBDIVISION AGIIT THIS AGREEMENT is made and entered into this , (� �� day of A.D. 197%, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the „city„ C Brian 6 ,n //e/d hereinafter designated as the "Developer", WITNESSETH: WHEREAS,.Developer is the owner of certain property situate in the County - of Larimer and State of Colorado and legally described as follows: Lot 18 SOUTH /DIES!# 5aBbwjsto�j Sou/`rzaa� �/4/ Secs; z.6, 7o-w*4kli 7 ilrn plc , f�a�c�c 6 9 Gel dex` d� die C5�x14 WHEREAS, Developer desires to develop said property as a Ce:�r�nt?i1.fl subdivision and has submitted to the City a subdivision plat (and a site plan of said property is to be developed as a Planned Unit Development), a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and T%]EREAS, the City has approved the subdivision plat (and site plan where. applicable) submutted by the Developer subject to certain requirements and conditions which invol the installation of and const;,ltion of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of'which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands within the subdivision. 2. Water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other lands connecting the subject property to the existing City water distribution system. b. Such water lines shall be install ._i in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable provisions of the City Code relating to the installation of such lines. c. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the water line and the fire hydrant serving such structure is installed and accepted by the City. d. Any water lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown on the utility plans are required to provide service to. other areas of the City, those lines shall be installed within the time determined by the City Engineer. -2- e. All of sa lines shall be installed at tp%Osole expense of the Developer / -ayc ae zk Cr-d-44N �0a�1 �� a /ifd�ta� "M'-' iHGfa.dQr�c� Q 20- ck .vxu,t:� OO.4,06 Ixae-m f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be subject to such department's ap- proval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property- b. Such sanitary sewer lines shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on Exhibit A, attached hereto shall be installed within the time required on Exhibit A. If the City Engineer determines that any lines shown in the utility plans are required to provide service to other areas of the City, those lines shall be installed within the time determined by the City Engineer. e. All of said lines shall be installed at the sole expense of the Developer. --3- f. The instaz7ation of said lines shall be irl",&cted by the Engineering Services Department of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer shall pay for such wnr:'. in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of detention facili- ties prior to 71AR ;Aut 4Att d/ a � cape d dCru pd G� fltQ Ci + d. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. e. All of said facilities shall be installed at the sole expense of Developer. f. The installation of all of such lines and facilities shall be in- spected by the Engineering Services Department of the City and shall be subject -4- 'to such department's aroval. Developer agrees to coiilct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. • 6. Streets. a. The Developer agrees to install all streets shown on the utility plans, coaplete with paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furthermore, no building permit shall be issued by the City for any structure located in excess of 660 feet from a single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed with the time required on Exhibit A. If the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall be installed within the time required by the City Engineer. e. All of said streets shall be installed at the ee sole expense of the Developer . �e� 7� 6 " �c Aar 4daiili�fit�a- coiat V cexd.tAvdil y #CW1ft9 R"cC $A " at�ptaaa.Q ja�x 114aq o. �d�+tl a.Q a1`�, L*c,�uA� rya�tt2 adds -dwd cow �� a 7' hih-ewl AA�c Aar. & 4' 4 dt�,� .O f. Developer agrees to correct any deficiencies in such installation in order to met the requirements of the plans and the specifications applicable to such installation. g. Street i--riprovements shall not be installed until all utility lines to be placed in the streets have been completely installed and all services to -5- ' r individual lots have b installed from main utility F —s to the property line. *40 h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engineer as areas requiring such measures to insure the public safety. 7. Other Requirements. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any other provision of the City Code and.the.Developer agrees to comply with all requirements of the same. THE CAY OE\F1ORT COLLINS, COLORADO 0 ATTEST: /10�� 11 Cit Cl6r APPROVED: Direct gine Lngl S ces C ty tt r __ Developer EXHIBIT A 1. Schedule of water lines to be installed out of sequence. iht0� G�l4�1�2 2. Schedule of sanitary sewer lines to be installed out of sequence. AOIL �cQ,6Qe 3. Schedule of street improvements to be installed out of sequence. Hof LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS: That the undersigned, beging the owners of the following described land, do hereby dedicate and convey to the City of Fort Collins a right-of-way for West Horsetooth Road as described below: A part of Lot 18, South Mesa Subdivision, Fort Collins, Colorado, which begins at the Southeast corner of said Lot 18, and run thence N 00° 05' W 20.00 feet; thence N 89° 54' W 85.05 feet; thence along the arc of a 15.00 foot radius curve to the right a distance of 23.51 feet, the long chord of which bears N 44° 59' 30" W 21.18 feet; thence S 00* 05' E 20.00 feet; thence along the arc of a 15.00 foot radius curve to the left a distance of 23.51 feet, the long chord of which bears S 44° 59' 30" E 21.18 feet; thence S 89' 54' E 85.05 feet to the point of beginning. Brian R. Wingfield STATE OF COLORADO) )ss COUNTY OF LARIMER) 3 Marie R. Wingfield The foregoing instrument was acknowledged before me this 16th day of May A.D., 1978, by Brian R. Wingfield and Marie R. Wingfield Notary'Public My notarial commission expires October 25, 1980