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HomeMy WebLinkAboutBRUCE E MILLER CEDARWOOD THIRD - Filed DA-DEVELOPMENT AGREEMENT - 2003-07-31ArDVrMVMT THIS AGREEMENT is made and entered into this day of 3-anuar-y, A. D. 1976, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and BRUCE MILLER, hereinafter some- times designated as the "Developer", WITNESSETH: WHEREAS, the Developer has presented to the City for approval a plat of a proposed subdivision in the City designated as "Bruce E. Miller Cedarwood Subdivision"; and WHEREAS, although some filings of said subdivision have been accepted by the City, the City is unwilling to accept and approve additional filings until adequate access to the sub- division can. be obtained; and WHEREAS, adequate access to the subdivision would be available through an extension of Lake Street which exists east of the proposed subdivision but which does not connect to the subdivision; and WHEREAS, both Developer and the City have attempted to acquire the necessary right of way over and across the property hereafter described in order to extend Lake Street to the sub- division, but all attempts to negotiate for the acquisition of such right of way have been unsuccessful; and WHEREAS, the City has the power to acquire the necessary right of way by eminent domain proceedings; and WHEREAS, the Developer has agreed to reimburse the City for all expenses it incurs in acquiring the necessary right of way. NOW, THEREFORE, in consideration of the premises and the terms of this agreement, it is agreed as follows: 1. The City agrees to use its best efforts, including its power of eminent domain, to acquire a right of way across the following described land, to -wit: Begin at a point which bears S 89°33' E 100.0 feet and again N 00°00'30" E 542.61 feet from the SW corner of the SE 1/4 of Section 16, Township 7 North, Range 69 West of the 6th P.M., and run thence S 89°33' E 220.0 feet, thence N 00°00'30" E 60.0 feet, thence N 89' 33' W 220.0 feet, thence S 00°00'30" W 60.0 feet to the point of beginning. 2. If the City successfully acquires the necessary right of way, Developer agrees to reimburse the City for all costs and expenses incurred by it in acquiring such right of way, including the damages awarded to the land owner for the taking of such land, all attorneys' fees, court costs, appraisal fees and other costs incurred in the eminent domain proceedings to acquire the land. 3. Developer agrees that the acquisition of such right of way was a condition to approval of additional filings in the subdivision referred to above and that such condition was made because adequate access to the proposed subdivision did not -2- exist without such additional right of way. The right of way to be acquired shall be a public right of way owned and con- trolled by the City. IN WITNESS WHEREOF, the parties hereto have signed this agreement the day and year first hereinabove written. THE CITY OF FORT COLLINS. COLORADO ATTES By (2 tLj t !�6� Ve City'Manager Citym Clerk BR= MILLER, Developer -3-