HomeMy WebLinkAboutFIRST CHRISTIAN CHURCH PUD - Filed OA-OTHER AGREEMENTS - 2003-10-24MEMORANDUM OF AGREEMENT
THIS MEMORANDUM evidences the agreement between THE CITY OF FORT
COLLINS, COLORADO, (the "City") and THE FIRST CHRISTIAN CHURCH OF FORT
COLLINS (the "Church") regarding the exchange of water rights and exchange
of conveyance works.
The City, agrees to transfer and convey to the Church 7.9373 shares of
the capital stock of the Arthur Irrigation Company and 0.4375 shares of the
capital stock of the Sherwood Ditch Company. In exchange therefor the
Church agrees to transfer and convey to the City.64 shares of the capital
stock of Larimer County No. 2 Irrigating Canal Company together with all
rights it may have in the) -lateral ditch and appurtenant turnout works
through which this water has been delivered to church property at NW 1/4;
NW 1/4; Sec. 30; TNP 7 N; R68W; 6th P.M. The parties agree that this
transfer represents equal volumes of water based upon historic yields, the
historic yield of the No. 2 Canal being 53.3588 acre feet per share and the
historic yield of the Arthur Ditch being 4.3024 acre feet per share.
This agreement to exchange is contingent upon the following being
obtained by the Church in form satisfactory to the Church:
A. Agreement with Parkwood Homeowners'_ Association granting the
Church the perpetual right to run the water represented by nine
shares of stock of the Arthur Irrigation Company into Parkwood
Lake and remove said water for use on lands owned by the Church
located in the Northwest 1/4 of the Northwest 1/4 of Section 30,
Township 7 North, Range 68 West of the 6th P.M.
g'�749 rZQ � 3
billing is not paid, then the City of Fort Collins pursuant to the ?u''^cr-
ity granted by these covenants, shall have a lien on the above descriSe:
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; pr,-
vided, however, that the City of Fort Collins shall not have a lien a?ins:
any single-family lots and improvements tnereto within the Prcperty, 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 terns 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
P.U.D." which real property shall -include the property
subject to these Covenants.
DATED this JC—day of 19f:�
Owner �y
By
Title
ATTEST: \
Secreii\
STATE OF COLORAOO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknoi4ledged before me
19_L , by, Gene PyYB1eX- as Lu5_j
_Raagy�laxwaer as Secretary ofF'ysiness Adminislal
My Commission expires:
Witness ,:iy hand and official seal.
L'.c-ham-, �a+Lu'�✓
this /�t/ day of
ess �A&irvi_gttatcqd
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B 7- P L L I i 5 �E 4 3 2 1383 OEC 13 AM IL 43
ST;�Tr OF OLDRAOO
NOTICE
Please take notice that on November 21, 1983, the Planning and Zoning
Board of the City of Fort Collins, Colorado, aooroved the Final Plan of
the planned unit development known as First Christian Church First Phase
Ammended, 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 accrue 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:
Lot 1, Block One of the First Christian Church PUD Subdivision,
situated in the Northwest Quarter of Section 30, Township 6
North, Range 68 West of the 6th P.M., City of Fort Collins,
Larimer County, State of Colorado
Offsite easements required for utilities to serve this planned unit develop-
ment are recorded with the Larimer County Clerk and Recorder.
I CT ty
0-^
y �� 4,-,4. C^
Sec*&n ry, Planning an Z ning
Board
City of Fort Collins
Dated .���tG % %A.,
5
B. Agreement with Arthur Irrigation Company and Sherwood Lateral
granting the Church the perpetual right to transport water through
ditches of said company for delivery to Parkwood Lake.
C. Perpetual easement from the necessary landowners for construction
of a headgate and installation of the necessary water line con-,
necting Sherwood Lateral to Parkwood Lake.
D. Release of the Larimer County No. 2 Irrigating Canal Company stock
(.64 shares) from the lien of the deed of trust presently en-
cumbering such stock.
The Church shall have sixty (60) days from the date of this agreement
within which to satisfy or waive the foregoing contingencies. If the
contingencies are satisfied or waived within the allowed time, the Church
shall notify the City in writing and within ten (10) days thereafter each
party shall deposit with William C. Stover, the Secretary for both ditch
companies, sufficient shares to effect the transfer, with properly executed
stock powers attached, and with instructions to make the transfer upon the
deposit of the other party's shares. Each party shall pay the assessments
for 1980 on the shares being transferred by that party to the other party,
and the shares shall be transferred free of all liens and encumbrances.
If the contingencies set forth above are satisfied (or waived) and the
exchange therefore completed, the Church agrees to abandon the headgate on
the ditch of the Larimer County Canal No. 2 Irrigating Canal Company which
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is currently used to deposit water from such ditch to the Church site in
Section 30, Township 7 North, Range 68 West of the 6th P.M., and further
agrees to convey to the City any rights it may have in the existing lateral
from the No. 2 ditch near Mason Street to the Church site. The Church
agrees to execute all documents required to accomplish this. It is further
understood and agreed by all parties that upon conveyance of said headgate
and water delivery laterals from the Church to the City, the City does
agree to accept: and assume all future liability of maintenance, repair and
other obligations that might arise from being the owner of and having the
use of said headgate, lateral and buried pipelines as heretofore mentioned.
In compensation therefore, the City agrees to furnish and install an
8 - inch diameter pipeline approximately 300 feet long with appurtenant 8 -
inch diameter turnout gate (calco meter gate or equivalent) to deliver
water from Sherwood Ditch to Parkwood Lake at the location of the perpet°::a
easement referred to above provided that the total cost to the City for
said pipeline and appurtenant structures, including all installation and
incidental costs, shall not exceed Five Thousand Dollars ($5,000). Riprap
acceptable to the Parkwood Homeowners' Association shall be installed for
erosion protection at the pipe discharge. Pipe shall be rigid plastic with
sealed joints installed in accord with city code and standard engineering
practice. Backfill shall be carefully placed and settled by water; grass
sod, if any, removed in construction of the line shall be preserved in
moist condition and replaced at the level of the original surface. The
pipeline and appurtenant structures shall be warranted by the City against
defective materials and substandard workmanship for a period of twelve (12)
months from the date of completion of construction.
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The parties, recognize that although the volumes of water represented
by the shares exchanged are the same, the water right carried by the Arthur
Ditch Company is superior to that of the No. 2 Canal. Therefore, as a
further consideration for this agreement, the Church hereby grants to -the
City the right and option to repurchase the shares of Arthur Ditch Company
stock to be transferred to the Church pursuant to this agreement if the
Church ever desires to dispose of such shares. The Church will not trans-
fer or otherwise dispose of such water shares without first notifying the
City in writing of its intention to do so and extending to the City a
period of sixty (60) days within which to elect to purchase such shares.
In such event, the purchase price shall be eighty percent (80%) of the
current market price of such shares at the time of offer to sell.
IN WITNESS WHEREOF, the parties have executed this agreement this
90�� day of A pr , ig3l.
--r
ATTEST:
Apprqqd As To Form:
City Attorney
ATTEST:
Chai an of the Board
THE CITY OF FORT COLLINS, COLORADO
BY
�01'City Manager
THE FIRST CHRISTIAN CHURCH
By
rus eee ^
/Tprie
ustee /
��✓rili4A
SK2103 POO2g8
141 353
NJ FEB 18 AN 10; 11
STATE OF COLORADO
THE FIRST CHRISTIAN CHURCH OF FORT COLLINS
PLANNED UNIT DEVELOPMENT
FORT COLLINS, COLORADO
OPEN SPACE MAINTENANCE COVENANT
The undersigned, owner of The First Christian Church of
Fort Collins Planned Unit Development, Fort Collins, Colo-
rado, hereby covenants with the City of Fort Collins, Colo-
rado, that, in consideration of the approval of The First
Christian Church of Fort Collins Planned Unit Development,
the undersigned agrees to maintain all landscaping, parking
areas, sidewalks and all other open spaces as shown on The
First Christian Church of Fort Collins Planned Unit Develop-
ment, and to keep said open spaces clean and in good repair.
In the event of the failure of the undersigned or its
assigns to keep said open space clean and in good repair,
the City of Fort Collins, upon 24 hours' notice to the
undersigned or its assigns, may proceed to clean, repair or
maintain said open space, and any cost expended by the City
of Fort Collins for such work shall be an obligation of the
undersigned or its assigns. Upon failure to pay for such
work, the City of Fort Collins may file a lien against said
property, obtain a judgment against the undersigned or its
assigns,, and foreclose said lien.
This shall be a covenant running with the land, and
shall be binding upon the under�siVned and its assigns.
Dated this ?/ day of
STATE OF COLORADO,
COUNTY OF LARIMER.
THE FIRST"CHRIST
0
, 198/
RCH OF FORT COLLINS
By )4LA I 2-ce')IC " Trustee
ss.
The above instrument was acknowledged before me by
Robert W. Shields Rex M. Anderson
a �,��r'F,•. Robert L_ Pn�aall as Trustees of The First
'•ChYi"stia.n Church of Fort Collins, Colorado.
C Witness my hand and official seal.
s
,p, ''- a$1 My commission expiresMY Commission Expires lanu 8, 1982 -
i)C` ........... .z�x
and
AGREEMENT
THIS AGREEMENT, executed this 25th day of September, 1981, by and
between the City of Fort Collins, a municipal corporation (City), and the
First Christian Church of Fort Collins (Church),
WITNESSETH:
1. The Church, in consideration of the approval, by the City, of the
Planned Unit Development Plan for landscaping of the First Christian Church
PUD, located at the intersection of Drake Road and Lemay Avenue, and for
other good and valuable consideration, does hereby promise and agree to
install and maintain all landscaping as shown on the landscape plan of the
aforesaid PUD, all in accordance with the ordinances, rules and regulations
of the City.
2. The Church further agrees to secure its obligation to install
appropriate landscaping and to maintain the same for a period of two years
following installation by presentation of a good and sufficient performance
bond in the sum of One Hundred Sixty -Five Thousand Dollars ($165,000),
or other good and sufficient securing document.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
this 25th dam of _SQptemb.er_,__1.981.
ATTEST:
APPROVED AS TO FORM:
Assistant City Attorney
FIRST CHRISTIAN CHURCH OF FORT COLLINS
Trustee
- 82-282 P0061 577293 0JUL 24 PN 2200
`COUNTY OF LARIMER
STATE OF COLORADO
SITE AND LANDSCAPE COVENANTS
FOR
P.U.D.
Situate in the
City of Fort Collins�ty of Larimer,
State of Colorado
The undersigned, fee owner of First ChnsEianChurtkR.ZP.U.D. (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 :<ept 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
B2282 P00bi
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 tnereto 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
P.U.D." which real property shall include the property
subject to these Covenants.
DATED this L
d- i8
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
day of , 190
it it Owner 19891
Title
y
The foregoing ipstrument was acknowledged before me this �O day of
,
19_Pt,, by 7-+4MA} NIK as and
4 a s &e,ereL of J f F ls!_«7iA��-
7CJ/�IK. r3e •�lr .
My Commission expires:
Witness ,ny hand and official seal. -•
r,
1 J
O
Notarf Public
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B77.4Q P:�nir
5'Y1433
COU, I ,� _
1983 0EC 13 T,4 !0: I,4
STATE OF yL01R.AuO
SITE AND LANDSCAPE COVENANTS
FOR
P.U.D.
Situate in the
City of Fort Callinss, County of` Lariner,
State of Colorado
The undersigned, fee owner of First Christian Church P.U.D. (The
Property) located in the City of Fort Collins, County of Lariner, 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 landscap?d ini-
tially and kept 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.
M
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, eneray 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 anti
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 reinburse 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 Y>illing. The sum due and unpaid shall accrue interest at the
statutory rate for judgements from the date that such sum is due. If said