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Home My WebLink AboutFOOTHILLS PARK RESUB - Filed OA-OTHER AGREEMENTS - 2003-11-03B2306 P0224 .851:332 1965.JAN-8 PSI3.34 nONTY"QF'UAKMER STATE OF 0101101 ADC! AMENDED NOTICE OF DEVELOPMENT PROHIBITION c Please take notice that the City of Fort Collins, Colorado, a municipal corporation, has imposed a prohibition upon the issuance of building permits and/or certificates of occupancy upon the following lots located in the Foothills Park Resubdivision City of Fort Collins, County of Larimer, State of Colorado, to wit: Lots 1 through 10; Block 1 Lots 2 through 15 and lots 19, 20, 22 and 23; Block 2 Lots 1 through 12, 14 through 20 and 24 through 26; Block 3 Lots 2, 14, 16 and 17; Block 4 Lots 4, 5 and 13 through 17; Block 5 The purpose of the aforesaid prohibition upon development is to insure that the developer of said lots, Foothills Park Associates, a limited partnership, and/or its agents, repre- sentatives, successors or assigns completes, in satisfactory condition to the City, certain street improvements and storm drainage improvements located within said Foothills Park Resub- division. All interested persons should inquire of the City Engineer for the City of Fort Collins, Colorado as to any conditions that may be imposed upon the issuance of building permits and/or certificates of occupancy. Dated this l f Lc day of j� L - . , 198 �. Thomas E. Hays City Engineer State of Colorado ) ) ss. County of Larimer ) Subscribed and sworn to before me this 46C day of 198 S', by Tom Hays, City Engineer. Witness my hand and official seal. My commission expires: My COMMissi�n Expires September 14, 1985 300 ortz Fort ^ i 8052I �' `y' �� • Notary Public Y . 7 NOTICE OF DEVELOPMENT PROHIBITION Piease take notice that the Citv of Fort Collins, Colorado, a municipal corporation, has imposed a prohibition upon the issuance of building permits and/or certificates of occupancy upon the following lots located in the Foothills Park Resubdivision, City of Fort Collins, County of Larimer, State of Colorado, to wit: Lots 1 through 10; Block 1 Lots 1 through 15 and lots 19, 20, 22 and 23; Block 3 Lots 1 through 12, 14 through 20 and 24 through 26; Block 3 Lots 2, 14, 16 and 17; Block 4 Lots 4, 5 and 13 through 17; Block 5 The purpose of the aforesaid prohibition upon development is to insure that the developer of said lots, Foothills Park Associates, a limited partnership, and/or its agents, repre- sentatives, successors or assigns completes, in satisfactory condition to the City, certain street improvements and storm drainage improvements located within said Foothills Park Resubdivision. All interested persons should inquire of the City Engineer for the Citv of Fort Collins, Colorado as to any conditions that may be imposed upon the issuance of building permits and/or certificates of occupancy. Dated this // Y-14 day of A 7 ✓-' 1--, 1983. homas E. Hays City Engineer State of Colorado ) ) ss. County of Larimer ) l Subscribed and sworn to before me this ii'�-day of i , 1983, by Tom Hays, City Engineer. Witness my hand and official seal. My commission expires: Notary Public RELEASE OF DEVELOPMENT PROHIBITION The City of Fort Collins does hereby release and lift the development prohibition that was imposed pursuant to the amended Notice of Development Prohibition recorded January 8, 1985 in Book 2306 at page 224 of the Larimer County records regarding Lots 7 and 8, Block 3, in the Foothills Park Resubdivision. AV MI chael R. Herzig Assistant City Engineer STATE OF COLORADO ) ss. COUNTY OF LARIMER ) / Subscribed and sworn�o before me this V=r�day ofiice,..,/ 1986, by ; ,�: —�, ! i Assistant City Engineer. My Commission expries: ',�/jn�%c�� f Notary Public A G R E E M E N T THIS AGREEMENT made and entered into this 25th day of May, 1978 }'-'3-9'�T, by and between FOOTHILLS PARK ASSOCIATES, a Colorado limited partnership, hereinafter designated as the "applicant", and THE NEW MERCER DITCH COMPANY, a Colorado corporation, hereinafter designated as "ditch company", and CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter designated as "City". PROJECT: Construction of a detention pond in connection with the development of a subdivision known as FOOTHILLS PARK SUBDIVISION located in the S 1/2 of Section 26, Township 7 North, Range 69 West of the 6th P.M., south of the City of Fort Collins, County of Larimer, State of Colorado. WITNESSETH: WHEREAS, the ditch company is the owner of an irrigation ditch and the right-of-way therefor; and applicant desires to develop a subdivision known as FOOTHILLS PARK SUBDIVISION and, in connection therewith, must provide for the orderly run-off and drainage of storm waters therefrom; and WHEREAS, attached hereto as Exhibit "A" (consisting of a booklet containing twenty-seven ( 27 ) pages and entitled " Drainage Report - Foothills Park Subdivision for New Mercer Canal ") are the plans showing the location, capacity, construction and other details for a detention pond and the manner, amount and method of discharge into the ditch company's ditch; and also attached hereto as Exhibit "B" is a letter from ditch company's engineers, WRIGHT-MCLAUGHLIN ENGINEERS, dated April 19, 1977, with additional requirements stated therein; and WHEREAS, said Exhibits "A" and "B" set forth all of the plans and specifications and terms of this grant and shall in no way be modified and changed by an subsequent or related plans or materials not included therein, unless agreed to by all of the parties hereto; and WHEREAS, the ditch company is willing to grant to applicant the right to construct said detention pond and related facilities upon terms and conditions hereinafter set forth; and WHEREAS, City is willing, upon the completion thereof in accordance with Exhibits "A" and "B", to assume the future maintenance hereinafter referred to; NOW, THEREFORE, in consideration of the premises and the Y terms of the within agreement, it is agreed as follows: 1. Ditch company grants unto applicant the right to construct said detention pond and related facilities for drainage into the existing ditch of the ditch company and further grants unto applicant, and eventually the City, the right of ingress and egress to a part of its ditch as shall be reasonable and necessary for the exercise of the rights granted herein. 2. Applicant will, upon the completion of the project, furnish to ditch company and City an "as built" exhibit further supplementing in final form the work described in Exhibits "A" and "B". 3. Applicant has paid the ditch company a permit fee in the amount of Eight Hundred and No/100 ($500.00) Dollars for the grant of this right-of-way. 4. In the event the reasonable and necessary expenses incurred by ditch company in the granting of this right-of-way shall exceed the above sum, applicant shall pay such additional reasonable and necessary expenses of the ditch company for legal and engineering services and time directly involved by ditch company's President or Superintendent. 5. The construction herein contemplated shall be in strict accordance with the final set of plans set forth in Exhibit "A" and modifications thereof provided in Exhibit "B". Any excavation or changes in the present ditch where concrete is,not provided for, -2- shall be backfilled, compacted and stabilized to the entire satisfaction of the ditch company. All compaction for dikes shall be done at ninety-five (95%) percent standard Proctor density. The dikes shall be in conformance with the plans for construction of the detention pond. Said work shall further be done only after notification given to the Superintendent or other designated agents of the ditch company. 6. All construction shall be commenced and completed at such times as shall not interfere with the regular flow of water of the ditch company during the irrigation season. 7. Upon the completion of the project, the applicant shall promptly notify the ditch company and the City; and the parties shall jointly inspect the project. If there are any deficiencies in the work of the applicant or other variations from the plans set forth in Exhibits "A" and "B", the applicant shall forthwith remedy the same; and in doing so, the applicant shall meet all reasonable requirements of the ditch company for the protection of its ditch capacity and surrounding property and meet all reasonable requirements of the City. 8. It is understood and agreed that the problem of water quality and responsibility and liability therefor is not determined by this agreement. 9. The project shall be without cost to the ditch company EO and the applicant -Q4-t4 hereby indemnify and forever hold the ditch company harmless from liability for damages caused by the project. 10. Ditch company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this agreement had not been made and any expenses caused thereby to the applicant shall not be chargeable to the ditch company. THIS AGREEMENT shall extend to and be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereby have caused this agreement to be signed the day and year first hereinabove written. FOOTHILLS PARK ASSOCIATES, a Colorado lim ted artnership, By: 1,07 neral Pzfrtner -3- (SEAL) ATTEST: William C. Storer, Secretary - (SEAL) ATTEST: Tit e: Deputy Cit Clerk STATE OF COLORADO ) ss. County of Boulder ) THE NEW MERCER DITCH COMPANY, a Col do corp io By; Louis F. Sw1 t, Pre ent CITOLLINS, a m Mni a�corppration, =W4�1 Acknowledged before me this 1 st day of January 1978 by James H. Tull , as generaT partner, of FOOTHILLS PARK ASSOCIATES, a Colorado limited partnership. Witness my hand and official seal. My Commission Expires: February 22, '1980 (SEAL) STATE OF COLORADO ) ss. County of Larimer ) Acknowledged before me this q- day of December, 1977 by LOUIS F. SWIFT, as President, and attested to by WILLIAM C. STOVER, as Secretary, of THE NEW MERCER DITCH COMPANY, a Colorado corporation. Witness my hand and official seal. My Commission Expires MY Commission Expires' September 28, 1980 (SEAL) Notary Public t STATE OF COLORADO ) ss. County of Larimer ) May, 1978 Acknowledged before me this 25thday of-Deeembe-r- -44-74L by John E. Arnold , as City Manager , and attested to by Wanda M. Krajicei (Deputy), as City Clerk , of CITY OF FORT COLLINS, a municipal corporation. Witness my hand and official seal. My Commission Expires: My Commission Expires July 27, 1991 (SEAL) Notary Public -4-