HomeMy WebLinkAboutFAIRVIEW WEST SEVENTH - Filed OA-OTHER AGREEMENTS - 2003-10-23MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 6 th day
of February A. D. 19 69 , by and beiatween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Bartran Homes, Inc.
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Plat of Fairview West Seventh Filing
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first party's Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NOT, THEREFCRE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. In consideration of the approval of said plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first party's existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first party's
existing sanitary sewer system.
and including all storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
water mains, sanitary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
practices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost of such enlarged facility based on proration of the cost of the
facility actually constructed and the estimated cost of such facility as
shown on the subdividerts approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be determined in advance
of construction by the City Engineer and in the event of any dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be hereto raffiUd Attest
to by its City Clerk, pursuant to motion of the Council of the City of
-- - Fort Qollinv dated the 6 th day of February
A. D., 1969 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
THE CITY OF FORT COLLINS.
A Municipal Corporation
By� l
Mayor
First Party
ATTEST:
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 6 th day
of February A. D. 19 69 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Bartran Homes, Inc
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
Plat of
plat of the subdivision to be known as Fairview West Sevent:•i Filing
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first party -Is Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NOV., THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. .1n consideration of the approval of said plat by first
Party� and first partyts Planning and Zoning Board, second party agrees
as follows:
(;A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
1;1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first partyts Existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first partyts
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first partyts existing electrical
distribution wTstem and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system showing the connections to the first partyts storm sewer system
and including all storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
water mains, sanitary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
practices to Serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost of such enlarged facility based on proration of the cost of the
facility actually constructed and the estimated cost of such facility as
shown on the subdividerts approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be determined in advance
of construction by the City Engineer and in the event of any dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be hereto affiXWattest
to by its City Clerk, pursuant to motion of the Council of the City of
Cnl l i ns 6ated the 6 th day of February
A. D., 19 69 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
itiy vier
L, L•
THE CITY OF FORT COLLINS.
A Municipal Corporation
By
Mayor
First Party
3econd Vtrty
AGREEEt_1EMT
THIS Arzf;=Ei1E iT gad and entea:�d into this 1� day of
A.D., 1969, by 8-'7ci rs�tt;vcn:
hereinafter tins ignited as Bartran, and
THE NE1.4 ,; -� '• _ CO Rr,<:, rte:°einaf-er desig:�at d "ercer,
WITNESSETH:
V' EREAS, i e,r P,ercor is a mututal irrigation cc pany and the utaner of an
irrigation ditch a,ri r•ia�rt or a;ay therzar�or through Section 15, Tvanship 7 Morth,
Range 69 1;,z,at Of the 6tii R.r:1. in Larirl-r County, Colorado, and
W"HER,AS, Bar-tran is subdividing lands located in said Section 15 and
adjacent to tha canil of mcri Mercer, and
IJ�IEREAS, in cos nccti on tiri th Vic &< vel op::m:nt of the lands of Bartran it
Is accessary to install a sanitary sr,,er lin5 which line will pass under the
ct1na.l car ?'a;�ccr and B:!r°tran d:.�slras to acquire a right of way for
easemant
said sanitary sejej- line, and
ir'Ni F'EF;S, in cenr�cc+ son 4;itfl ttr4 d,:Aele;:,sent of the subdivision by Bartran
storm waters will be devolopwd E.3d Bartran dcsiras to empty a stor:l sewcr line into
the canal of lii&a 11 arcer, and
WHEREAS, certain plans and specifications have been prepared sha;;ing the
location of the sanitary seacr line and storm s--wer which plans and specifications
are attached hereto as Exhibits.
NOW, THEREFORE, THIS AGREEINENT:
1. New Miarcer hereby grants to Bartran a right of way and easement to
construct and r.aintain a sanitary sv,;nr line consisting of an eight inch vitrified
clay sewer pipe ur,dar the existing ditc`l of Mz'-w at the location shol.•.n in
the plans attached hereto.
2. Ne,rtlercer further grants unto Bartran the right of ingress and egress
to and from said right of way as necessary and reasonable for the exercise of the
rights granted herein.
3. Said s :::r• pipe shall be installed to at least the depth bcloi 'Ch �
bottom of the ditch as shorn on the attached plims cmd any tr,tnch or o4hc!r
ex; v,,.tion in conncc:tion shall be b�-cckfillcd, ce,,pleted and stabliZcd
to the entire satisf%C'Clon of Ne:-; t9?r"cer. N-Antminnce of said line
he the of Qar"Lr an and at its expcnse.
4. lns.tallatiarr of said sw,,,cr line shall be entirely uithor t dishar-banee
to th(? fim-i of iresu?r° in rlc- J"icr cer's ditch unlcss pL7-i-flssion in writing is first
had r nd r-oceivcd fron ('1cm t.,arcer for such disturbance.
5. Construction of said sm,tar line shall b^ without cost to N!2'el f'arcer
and Bartz• m Shall irid'a:r-mify and forevar hold ; a:,r 11,2rcer hairless from liahili ty
for d-amag,a cvua'cd by or bcc u3e of said se:,; :r line, its installation, ropair or
6. New t �rc�r shall ha full po:•;or to operate, maintain or alter or
enlatw :! or relc:Wate its ditch as if this a,r°�1��.,ant },ad not b on Iia-_12, and any
cxpens.2 or the;,c!_)y tea C7aT LP'an .,h' t I f'v v oL C' t0 Nt' ;
7. Nc.a Xircer further grunts to Bartran the right to c-inpty storm,
waters through th-n storm sewer line shown on the attc,lbod plans and specification;
into the canal of Nr_;,4 #'ercer at the location shcin on said plans and sp'cificMtiors.
Bartran shall i ndti„ni fy and forever hold 01,_�3 ; arcer hat iiai ass frcgn liability for
damage caused by or because of the discharge of v;aLers fro1 said stor-ir snorer line
into the canal. Nc-w Mercer by this agr•er ent does not guarantee to have capacity
to receive any storin se,d'r waters and the right of Sartran to discharge such waters
into the canal shall only apply to the extent the canal is capable of receiving
the sa^e.
8. All krork to be done in connection with this agrecrent shall be done in
accordance with the plans and specifications attached hereto and the same s=m ll be
perfomed under the supervision of the superintendent of No;r tdarcer° and to the
ccrnpleto satisfaction of New Mercer.
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IPj tllTHESS IPEREOE the Parties hereto have cai!Sed this a9re(-r,1 nt to
be signed the clay and year first herainabove vri tten.
BARTRA;J HO: DES, INC.
BY'
-WHsi dont
ATTEST: ,
j%
Secretary
NEB! MERCER CANAL CWPANY
raJ i c'vnt
ATTEST:
ecr4tar'Y
STATE OE COLORADO )
)Ss.
COUNTY Or LARIMER )
The foregoing inStrur;ient Was acknowledged before me this } — day of
A.D.. 1969, by t!i 1 i i u,m D. Bartran as Presi
dent ddnt and A. E. March, Jr.
� �{ as President and
as Secretary of Bar'tran Homes, Inc. and by �--yam"-----_.�
as Secretary of New i�iercer Canal Coy Pany.
� p yic
1 �1t�3.
MY commission expires:-���-�- } o9
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