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HomeMy WebLinkAboutBROWN FARM THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31AGREEME 14T THIS AGREEMENT, is made this 16th day of November; 1983, by and between the C i ty of Fort Collins, Colorado ("City") and Jansen/Wheeler, a Joint Venture ("Developer"). WITNESSETH: WHEREAS, the Developer desires to receive and the City desires to convey certain property located in the City of Fort Collins as described on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the City further desires to reserve unto itself certain utility, drainage and access easements over, under and across the subject property; and WHEREAS, the parties further desire to set forth herein their various maintenance obligations with regard to the subject property. NOW, THEREFORE, it is agreed, in consideration of the mutual promises of the parties, and in consideration of the conveyance of the subject property to the Developer by the City, as follows: 1. The City shall convey to the Developer, by quit claim deed, that certain property as described on Exhibit A, reserving unto itself a blanket utility, drainage and access easement over, under and across said tract of land. It is expressly understood that in no event shall the City be responsible to the Developer or its assigns or successors or third parties for any damage or injury arising to the surface of the property, or objects placed thereon, as the result of the exercise by the City of its legitimate rights to utilize the aforesaid easements. 2. The Developer shall, in consideration of the conveyance of the above described property by the City, reimburse the City in the sum of Five Dollars ($5.00). The time, date and place of closing of said transfer shall be as mutually agreed upon by the parties. 3. Upon delivery of the deed, as aforesaid, the Developer shall assume all maintenance obligations with regard to all drainage facilities located on or within the subject property except for maintenance of the existing twenty-four (24) inch drain line, which line delivers water from that certain detention pond located in Tract A of the Third Filing of the Brown Farm in the City of Fort Collins to that certain existing thirty- six (36) inch, drainage pipe located at the south end of the subject pro- perty, and further except for maintenance of said thirty-six (36) inch pipe which delivers drainage water southward therefrom to Spring Creek. Except other streets within the subdivision shall be completed within four years of the day and year first hereinabove written. d. No building permit for the construction of any streets in the subdivision shale_ be issued by the City until the street providing access to the structures is improved with at least the gravel based required. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay for that added cost of improving Trift Hill Road as an arterial street rather than a residential street. f. The installation of all streets shall be inspected by the Community Development 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. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. g. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. S. Other Requirements. The Developer agrees that there is a need for a bicycle -pedestrian walk along Taft Hill Road and shall provide a seven feet wide concrete, meandering walk from Prospect Road south to the north lot line of Blevins Junior High -6- and from Dralce Road north to the south lot line of Blevins Junior High. The City shall pay for that portion of sidewalk over four feet wide. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: C' y Clerk APPROVED: -i C'! D.irector'of Community ' Development Department City Attorney THE CITY OF FORT COLLINS, COLORADO By City Manager "TTTT Developer -7- AGREEMENT THIS AGREEMENT is made and entered into this '. ti day of A.D. 19 7, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Wheeler Realty hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property known as Brown Farm Third Filing situated in the County of Latimer, State of Colorado, more particularly described on the subdivision plat on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a residential. subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the Office of the City Planner 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 Engi- neer 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 servesuch 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 WHEREAS, The City's planning and zoning board has approved the master plan submitted ty the Developer subject to certain requirements and conditions which involve the installation of and construction 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. The City hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the generalscheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. 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 described on the subdivision plat, such lines, streets and facilities including, but not limited to, those shown on the utility plan for said subdivision. 3. 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 dis- tribution system. b. Such water 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 agrees to complete the installation of said lines no later than within four years of the day and year first hereinabove written. -2- d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Community Development Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 4. 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 agrees to complete the installation of said lines no later than within four years of the day and year first hereinabove written. d. Developer understands and agrees that no building permit shallbe 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. Oz e. All of said lines shall be installed at the sole expense of the Developer. I. The installation of said lines shall be inspected by the Community Development 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and tine Developer shall be liable for the costs of such additional work. 5. 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 work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. It is undertstood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements may be made by the City at other stages of the development. 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 installationof such lines. C. Developer agrees to complete the installation of said lines and facilities no later than the following schedule: S41 The. stormwater detention system for the Brown Farm First and Second Filings shall be completed prior to any major construction of the Brown Farm Third Filing. Said lines and facilities for the Third Filing 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. d. All of said lines shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Community Development Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. 7. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete the asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full comliance 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 street improvements no later than the following schedule. The street improvements for Taft dill Road from Prospect Road south to Drake Road shall be constructed as the first stage of development. All -5- other streets within the subdivision shall be completed within four years of the day and year first hereinabove written. d. No building permit for the construction of any streets in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel based required. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay for that added cost of improving Taft Hill Road as an arterial street rather than a residential street. f. The installation of all streets shall be inspected by the Community Development 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. In the event the improvements are not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work, including all normal charges made by the City for financing, engineering, publication, legal and miscellaneous on City Special Street Improvement Districts. g. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 8. Other Requirements. The Developer agrees that there is a need for a bicycle -pedestrian walk along Taft Hill Road and shall provide a seven feet wide concrete, meandering walk from Prospect Road south to the north lot line of Blevins Junior High -6- and from Drake Road north to the south lot line of Blevins Junior High. The City shall pay for that portion of sidewalk over four feet wide. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: itid AA-f:m City Clerk APPROVED: Director of Community Development Department THE CITY OF FORT COLLINS, COLORADO By City Manager i r) ty Attorney Developer -7- for the above -mentioned twenty-four (24) inch and thirty-six (36) inch drainage lines; all maintenance obligations, including obl gations to maintain the surface of the land in a neat, trimmed and orderly condition are assumed by the Developer. 4, This Agreement constitutes the entire understanding of 'Ghe parties and may not be amended, altered or P,=edified except by wri tter agreement signed by both of the parties. 5. This Agreement shall inure to, the benefit and obligation of the successors, assigns, personal representatives and agents of the parties hereto and shall constitute a covenant running with the land. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: City Clerk APPR D AS TO FORM: G Ass stant City Attorney State of Colorado ) ) ss. County of Larimer ) CITY OF FORT COLLINS BY: cox r Yy1 t Q Ci ty M ager ADES P. M711L �CY C>s'4 Subscribed and sworn to before me this %i `w` day of 1983, by John E. Arnold, City Manager, and Wanda M. Krajicek, City Clerk. Witness my hand and official seal. My commission expires: RRey (/� _ 14, 19SI fr1 l: Jil�,nk� .. �,,1 _�v:...ic S• Notary Public Q.cx 3 eti c.J 4 Co -2- JANSEN/WHEELER ;;z:'. 'r°enture hn R. P. Wheeler, r'JOiIt Venturer State of Colorado ) ss. County of Larimer Subscribed and sworn to before me this ; day of 1983, by John R.P. Wheeler, as Joint Venturer of Jansen/Wn e� ler, a Joint Venture. Witness my hand and official seal. My commission expires:; '> - N6tary Pub1iC (-'-6 P-e -4 -3- EXHIBIT A LEGAL DESCRIPTION A portion of Tract "B" of Bro,,,n Fare Third Filing, according to the recorded plat thereof, City of Fort Collins, La.riirer County, Colorado, being described as follows: Beginning at the Southeast corner of the Southeast Quarter of Section 21, Township 7 North, Ragne 69 b;e:t of the Sixth Principal Meridian, and considering the Southerly line of said. Southeast Ou&rter to bear South 88° 44' 09" •Jest, with all bearings contained herein relative thereto; thence Westerly along said Southerly line, South 88° 44' 09" West, 90.03 feet; thence departing said. Southerly line, North 00° 09' 00" East, 50.01 feet to the Northerly right--of-way line of Drake Road and the Southwest corner of said Tract "B"; thence Northerly along the Westerly line of said Tract "B", North 00' 09' 00" East, 797.58 feet to the Southerly line of Valley Forge Drive; thence departing said Westerly line, South 890 51' 00" East, 40.00 feet to the Westerly right-of-way line of Taft Hill Road and the Easterly line of said Tract "B"; thence Southerly along said Easterly line, South 001 09' 001' West, 781.96 feet; thence along a curve to the right having a delta of 88° 35" 09", a radius of 15.00 feet, an arc of 23.19 feet, and a long chord which bears South 44° 26' 35 West, 20.95 feet; thence South 880 44' 09" West, 25.38 feet to the point of beginning of this description. The above described tract contains 0.73 acres. SURVEYOR'S CERTIFICATE I, Timothy Wagner, do hereby certify that this plat and legal description were prepared by me or under my d�veet+°suw!rvision and are true and correct to the best of my knaal e . �•`''( LA/ , �;'�•. 0 14 ! � Y / O e T thy wa.y6r, Register I$nd .%=eycr Bate Colorado F;�69istration 1` ber 4 ; AGREEMENT THIS AGREEMENT is made and entered into this 16th day of December , A.D. 19 75, by and between THE CITY OF FORT COLLTNS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Wheeler Realty hereinafter designated as the "Developer", WITNESSETH: WHEREAS, Developer is the owner of certain property known as Brown Farm Third Filing situated in the County of Larimer, State of Colorado, more particularly described on the subdivision plat on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the Office of the City Planner 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 Engi- neer 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 WHEREAS, The City's planning and zoning board has approved the master plan submitted ty the Developer subject to certain requirements and conditions which involve the installation of and construction 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. The City hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. 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 described on the subdivision plat, such lines, streets and facilities including, but not limited to, those shown on the utility plan for said subdivision. 3. 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 dis- tribution system. b. Such water 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 agrees to complete the installation of said lines no later than within four years of the day and year first hereinabove written. -2- d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Community Development Department of the City and shall be 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. In the event such installation is not completed and approved wiL:iin the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 4. 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 agrees to complete the installation of said lines no later than within four years of the day and year first hereinabove written. d. 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. -3- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said lines shall be inspected by the Community Development 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additi.oial work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the costs of such additional work. 5. 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 work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 6. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. It is undertstood that such lines and facilities may not represent all of the Developer's obligations in this regard and additional requirements may be made by the City at other stages of the development. 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 said lines and facilities no later than the following schedule: -4- The stormwater detention system for the Brown Farm First and Second Filings shall be completed prior to any major construction of the Brown Farm Third Filing. Said lines and facilities for the Third Filing 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. d. All of said lines shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Community Development Department of the City and shall be 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. In the event such installation is not completed and approved within the time set forth above, the City shall have the right to cause such additional work to be done as it deems necessary to complete the installation in a satisfactory manner and the Developer shall be liable for the cost of such additional work. 7. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete the asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full comliance 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 street improvements no later than the following schedule. The street improvements for Taft Hill Road from Prospect Road south to Drake Road sL.all be constructed as the first stage of. development. All -5-