HomeMy WebLinkAboutFOX MEADOWS - Filed OA-OTHER AGREEMENTS - 2003-11-07AGREEMENT
THIS AGREEMENT is entered into this ot� day of �, 1981, by and
between AMERICAN CONTINENTAL CORPORATION, an Ohio corporation, d/b/a
Medema Homes, Inc. (hereinafter referred to as "Medema") and the CITY OF
FORT COLLINS, a municipal corporation (hereinafter referred to as the
"City").
WHEREAS, Medema is the owner and developer of the Fox Meadows Subdi-
vision in the City; and,
WHEREAS, in conjunction with the development of the Fox Meadows
Subdivision, Medema constructed and installed certain off site storm
drainage improvements which benefit other properties within the City and
the City in general; and,
WHEREAS, it has been mutually agreed by the parties that the City
should reimburse Medema for various costs and expenses incurred in the
construction of said off site storm drainage improvements over and above
credits received by Medema on storm drainage basin fees charged by the City
against Fox Meadows; and,
WHEREAS, the parties desire to enter into a written agreement specify-
ing the amount and method of reimbursement.
NOW, THEREFORE, in consideration of the promises and covenants herein-
after set forth and in consideration of Medema's completion of the off site
storm drainage improvements required as part of the public improvements
for the Fox Meadows Subdivision, the parties agree as follows:
1. Medema is entitled to reimbursement from the City in the amount of
Fifty -One Thousand Eight Hundred Thirteen and 38/100 Dollars ($51,813.38)
for costs expended by Medema in the construction of off site storm drainage
improvements in the Fox Meadows Subdivision. This sum represents the costs
incurred by Medema in said construction in excess of credits anticipated to
be received from the City on storm drainage fees assessed to the Fox
Meadows Subdivision and is based upon invoices submitted to and approved by
the City.
by Medema in acquisition, development and construction. Thereafter, a per -lot
assessment of remaining fee shall be paid by Medema at the time of obtaining
a building permit on each such lot.
(5) Spring Creek agrees to provide a 20-foot wide permanent easement
for the construction and maintenance of the storm sewer within the North 50
Feet of the ]VE 1/4 of said Section 32. As consideration for said permanent
easement, Spring Creek shall: (a) be paid the sum of $6000.00 for land 'cost,
(b) be reimbursed for its reasonable out-of-pocket expenses, including attor-
ney's fees, in negotiation, review and redrafting of the easement and agree-
ments, (c) have its fence replaced that was removed in the installation of the
sewer drain, (d) have all removed culverts preserved and delivered to Spring
Creek, (e) have reinstalled at their existing locations 20-foot entry gates,
(f) have its top soil overburden, to a depth of 16 inches, stripped and re-
placed over the sewer tile, (g) have a berm established along the south line
of the barrow pit to preclude road runoff from entering upon Spring Creek's
property, and (B) be granted access to the storm sewer to allow storm drainage
and irrigation water collected and developed on its property to waste into the
storm sewer; all such items to be paid and performed by Medema.
IN WITNESS WHEREOF, The parties hereto have set their hands and seals
the day and year first above written.
APPROVED:
DIRECTOR OF PUBLIC WORKS
Ty�'�
�X ffR�RdRXOR };RDG6@iDikN&
COLLINS, Colorado
MA
Att
AMERICAN CONSNNEENNTAL ORPORATION
By
SPRING CREEK FARMS, INC
By
Attest:
- 3-
ADDENDUM I
Fox Meadows Subdivision Agreement dated April 18, 1979 by and between the City of Fort
Collins, Colorado, a municipal corporation hereafter referred to as the "City", and
American Continental Corporation, formerly known as ^1edema Homes hereafter referred to
as the "Developer" is hereby amended to include the following:
STOT1 D`2AINAC;E In addition to Paragraph 5 of the original subdivision agreement,
the parties affected hereby agree to the following:
1) The Developer agrees to complete an off -site storm enter sewer in accordance with
plans prepared by M&I Consulting Engineers, Fort Collins, Colorado, and approved by
the City Engineer for Fort Collins, Colorado, the County Engineer for Lorimer County,
Colorado, North. Poudre Irrigation Company and Spring Creek Farms. Said sewer shall.
be 24" and 36" diameter reinforced concrete set on a rminimum grade of 0.35% and
is designed to carry the 2-year historic storm discharge from Pox Meadows detention
pond, irrigation waste and storm water from Spring Creek Farm as well as a portion
of the storm water from the basin as related to below, -
2) The City agrees to contract for a storm drainage basin study within which the Fox
Meadows Subdivision and Spring Creek Farms are located. Upon completion of this
study, the City will endeavor to expedite the installation of permanent type
storm drainage solutions to the basin.
3) The Developer agrees to pay a maximum fee of $.05 per square foot gross area
for the entire Fox "Meadows Subdivision as an interim fee. The final fee shall
If, c'eter-min<<1 t.j;x:n cmmnletion of the basin drain g study mentionr? in
Paragraph 2 above and any adjustment needed will be credited to the Developer.
In addition, the cost of installing the storm sewer shrill be credited against
V:c !?_'v('toper's Iznsin fee. Payrent shall be payable on a pro rata share for
each lot when the Developer requests a building permit.
-1) Sorinq Creek
Farms, ' , shall provide a twenty
(20'
)t wide permanent
easement for
the construction and maintenance of
the
storm sewer.
5) At the time of the signing of this instrLnent, an agreement between North Poudre
Irrigation Comraany and American Continental Corporation has been signed
authorizing storm water discharge into Fossil Creek Inlet. The agreement
referred to as LTC`NSE FOR DISCHARGE OF DRAINAGE VV= is hereby made a part
of and attached to this Addendum.
Signed this '?(« day of 1979.
APPRUIED:
fitDirector of Pub c VOrks
City ttorney
I ei3e$' i t�ipF; � •@;ir.;h t;�W J 10
'4�
nevelol>cr
AGREEMENT
THIS AGREEMENT is entered into this 00iA day ofApr; 1981, by and
between AMERICAN CONTINENTAL CORPORATION, an Ohio corporation, d/b/a
Medema Homes, Inc. (hereinafter referred to as '`Medema") and the CITY OF
FORT COLLINS, a municipal corporation (hereinafter referred to as the
"city").
WHEREAS, Medema is the owner and developer of the Fox Meadows Subdi-
vision in the City; and,
WHEREAS, in conjunction with the development of the Fox Meadows
Subdivision, Medema constructed and installed certain off site storm
drainage improvements which benefit other properties within the City and
the City in general; and,
WHEREAS, it has been mutually agreed by the parties that the City
should reimburse Medema for various costs and expenses incurred in the
construction of said off site storm drainage improvements over and above
credits received by Medema on storm drainage basin fees charged by the City
against Fox. Meadows; and,
WHEREAS, the parties desire to enter into a written agreement specify-
ing the amount and method of reimbursement.
NOW, THEREFORE, in consideration of the promises and covenants herein-
after set forth and in consideration of Medema's completion of the off site
storm drainage improvements required as part of the public improvements
for the For; Meadows Subdivision, the parties agree as follows:
1. Medema is entitled to reimbursement from the City in the amount of
Fifty -One Thousand Eight Hundred Thirteen and 38/100 Dollars ($51,813.38)
for costs expended by Medema in the construction of off site storm drainage
improvements in the Fox Meadows Subdivision. This sum represents the costs
incurred by Medema in said construction in excess of credits anticipated to
be received from the City on storm drainage fees assessed to the Fox
Meadows Subdivision and is based upon invoices submitted to and approved by
the City.
2. The $51,813.38 shall be reimbursed to Hedema as follows:
a Any and all storm drainage basin fees paid to the City by
other developments which benefit from Medema's improvements shall be paid
directly by the City to Medema until the full $51,813.38 has been reim-
bursed.
b. In the event that full reimbursement has not occurred by March
1, 1982, pursuant to a. above, and provided that the Council of the City
agrees to include said sum in the City budget and appropriation ordinance
for the year 1982, the City shall pay Medema all remaining reimbursement
due on March 1, 1982.
c. The City shall not, under any circumstance, be responsible for
payment of any interest on said $51,813.38.
3. Payments from the City to Medema under this Agreement shall be
sent to Medema Homes, Inc., Building 43, 5295 OTC Parkway, Englewood,
Colorado 80111, Attention: Gary Bever.
4. It. is hereby agreed that the City staff shall include said payment
in the budget submittal for the year 1982, together with the recommendation
to the City Council that said payment be included in the budget and
that an appropriation ordinance be promptly passed authorizing said pay-
ment. Nothing herein shall be construed to obligate the payment of said
sum (except as provided in paragraph 2(a) above) in the absence of inclu-
sion of said amount in this 1982 budget and appropriation ordinance there-
for.
5. This Agreement constitutes the full agreement between the parties
and may be amended only in writing, executed by both parties.
ATTEST:
ATTEST:
�V,6v_ Atak
AMERICAN CONTINENTAL CORPORATION
92
CITY F)FORT COLLINS
r g
By: -------------
Assri" City Manager
-2-
AGREEMENT
This Agreement is made and entered into this Nfl day of
1988, by and between the CITY OF FORT COLLINS, COLO-
RADO, a municipal corporation duly organized and existing under
and by virtue of the laws of the State of Colorado ("City"), and
AMERICAN CONTINENTAL CORPORATION, a corporation duly organized
and existing by virtue of the laws of the State of Ohio ("ACC").
ACC is the owner of the following described property, to wit:
Lot 17 and Lot 18, Block 10, Fox Meadows Subdivision,
according to the recorded plat thereof, City of Fort
Collins, Larimer County, Colorado (the "Property").
The Property is subject to a reservation on the recorded plat
thereof for the benefit of the City "for future access to the
south." The City has agreed to release and quit claim to ACC the
foregoing access reservation, in exchange for a parcel of land
ten feet in width divided equally on the lot lines separating Lot
17 and Lot 18, which the City intends to use as a
bicycle/pedestrian path.
In consideration of and to accomplish the foregoing, and in
consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
1. Conditioned on and subject to the conveyance to the
City described in paragraph 2 below, as soon as
practicable after obtaining any necessary City Coun-
cil or other governmental approval of the transac-
tions referred to in this Agreement, the City will
quit claim, convey and release to ACC all of its
rights and interests of any nature existing by virtue
of or with respect to the reservation indicated on
the plat of the Property as "for future access to the
south." Such conveyance shall be pursuant to a quit
claim deed in the form of Exhibit A attached hereto
and incorporated herein.
2. Conditioned on the conveyance to ACC referred to in
paragraph 1 above, ACC shall convey to the City a
parcel of land approximately 88.57 feet in length and
10 feet in width, which parcel shall be divided
equally along the lot line separating Lot 17 and Lot
18 of the Property. Such conveyance shall be pursu-
ant to a special warranty deed in the form of Exhibit
B attached hereto and incorporated here by this ref-
erence.
3. ACC shall pay all the property taxes applicable with
respect to the parcel which is the subject of Exhibit
B to the date of conveyance. Subject to the condi-
tions of paragraph 4 hereof, such parcel shall be
conveyed to the City in AS IS condition and ACC shall
have no obligation to install or maintain any impro-
vements or other features on such parcel.
4. The City desires to construct a sidewalk for pedes-
trian and bicycle access across the parcel of land
conveyed by ACC to the City pursuant to paragraph 2
of this Agreement. In furtherance of that objective
the City may, utilizing its own forces or those of a
third party, construct said pathway prior to the
development of Lot 17 or Lot 18 of the Property. If,
at the time of development of either Lot 17 or Lot 18
as aforesaid, the said bicycle/pedestrian pathway has
not been previously completed, ACC, for itself, its
successors, representatives and assigns, does hereby
agree to, as a part of such development of either Lot
17 or Lot 18, or both, construct said
bicycle/pedestrian pathway in accordance with City
plans and specifications to be subsequently devel-
oped, such construction to include grading and con-
crete work only. Upon completion of said construc-
tion, ACC or its successors or assigns shall submit
to the City all invoices representing costs incurred
in such construction, and upon verification of the
accuracy of such invoices, the City shall make prompt
reimbursement of all of said costs. All construction
of said bicycle/pedestrian pathway shall be submitted
to a competitive bidding process and shall be awarded
to the lowest responsible bidder, who shall be
required to provide a performance bond or other equi-
valent security.
5. The conveyances referred to in paragraph 1 and para-
graph 2 above are each conditioned on the other and
shall occur simultaneously.
6. This Agreement shall inure to the benefit of the
parties, their successors, representatives and
assigns and shall be deemed to run with the property.
-2 of 3-
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
TEST:
City Clerk
APPROVE AS TO FORM:
AS�istant City Attorney
.ATTEST:
Title�r,
THE CITY OF FORT COLLINS
By � (C
Steven C. Burkett, City Manager
AMERICAN CONTINENTAL CORPORATION
By
Title FL(o
-3 of 3-
Recorded at _ o'clock _ _ SI.
Reception No,
f der.
QUIT CLAIM DEED
THIS DEED, Made this 1st d-of March 1982
between
The City of Fort Collins, Colorado
municipal
ii Eorporatwn duly organized and existing under and by virtue of the laws of the State of
Colorado , grantor, and
American Continental Corporation
2735 East Camelback Poad
Phoenix, Arizona 85016
a corporation duly organized and existing under and by virtue of the laws of the State of
Ohio . grantee. whose legal address is
WITNESS, That the grantor. for and in consideration of the sum of Ten Dollars ($10 . 00) -------------------
and other good and valuable considerationfJ�s
the receipt and sufficiency of which is hereby acknowledged. has remised. released. sold. conce)'ed and QUIT CLAIMED, and by these presents does
remise, release, sell, convey and QUIT CLAIM onto the grumce, its successors and assigns forever, all the tight, tide, interest. clam and demand which
the grantor has in and to the real property. together w tth improscmenrs, if any, situ uc, lying and being in the — — — — — — — — — — — — — "Counts
of Lcarimer and State of Coloradodescribed as follows:
Any interest grantor may possess in that certain reservation "for future
access to the south" over, under and across Lots Seventeen (17) and
Eighteen (18), Block Ten (10), Fox Meadows Subdivision, according to the
recorded Plat thereof, City of Fort Collins, County of larimer, State of
Colorado.
also known by street and number as: N/A
TO HAVE AND TO HOLD the same. together wah all and singular the appurtenances and priy lleges (hereunto belonging, or in anywise thereurim
appertain ine. ;red all the estate. right, title, interest and claim shatsxvzr. of the granor, either in low or eyuiro, in the only proper use, benefit and behoof
of the grantee, its successors and assigns forever_ Assistant ,�,�
IN WITNESS WHEREOF, The grantor has caused its corporate name to he hereunto subscribed by its/Mayor �q(?f Nl/M. and its
corporate seal m he hereunto affixed, attested by it, City Clerk)fj4AI6y4. the day and year first above written.
Attest'
CITY OF FORT COLLINS, COLORADO
i
Q B
Wanda M. Krajicek, City C k Assistant Mayor
SEAL
APPROVED,1�S TO FORM.
W. Paul Eckman, Assistant City Attorney
STATE OF COLORADO
ss.
County of IELr73i1flr
'fhe titre wine msuumar.t was acknow led_,edl before me this 1st
by Ed Stoner
Wanda M. Krajicek
the Citv of Fort Collins, Colorado,
My comm],sIon
iikuness Dos ib..in�l and "fh,,al seal.
If in Denser msen 'Gr, aod...
doe of March . 19 88
a, Ass't Mayor and
as City Clerk NvVa�lof
a municipal [corporationLAI
N.I— Pobec
No. 82;. Re,. 3-% . Q( I I ( 1. A1V DEED Hlirporatinn ni Ca..... snore I5nJLnd Pubin1mFl —], Is o,h d- , LA—,,! 1U 50PI4 —I ;I '. i 11nw ' i i6
4
Recorded at _
Reception No
o'clock — M.,
order.
SPECIAL WARRANTY DEED
THIS DEED, Made this dayof February
bcnccen AMERICAIN CONTINENTAL CORPORATION
QM
a corporation duly organized and existing under and by virtue of the laws of the Slate
of Ohio , grantor, and
THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation
whose legal address is 300 LaPorte Avenue, P. 0. Box 580,
Fort Collins, Colorado 80522
oftire 'Count of Larimer . State of Colorado. granteela`I=
WITNESSETII, That the grantor, for and in consideration of TEN DOLLARS ($ 10. 00)
and other good and valuable consideration ---------------------------------
the rcccipt and sufficiency of which is herchy acknol CdeCd. has "Famed, b:cgmned. sold and aOrncsCd, and bs tlase pCscnlR deer emm. har_am, sail.
coneev, and nmllnn. unto the r.nmel3C, its m+r r n sags ar,J t—' ns forcw,. all Jte read propertc. to -a h: n.�ih impr •,nentc. i(am'.
situate, lying and being in the Court, N La r imo r >:ac ,v ColoraJo.
described as follows:
The East five (5) feet of Lot Eighteen (18) and the F'est five (5)
feet of Lut Seventeen (17), Block Ten (10), Fox Neadows Subdivision,
according to the recorded Plat thereof, City of 1'ort Collins, County
of Larimer, State of Colorado, said parcel extending; approximately
88.57 feet in length and being ten (10) feet in width, divided
equally cn the lot line separating said Lots Seventeen (17) and
Eighteen (18),
Subject to general taxes for 1933 and subsequent years and all
easements,, covenants, restrictions, rights of way, reservations
and other matters of record,
also known by street and number as: n/a
TOGETHEIR with Al and singular the hoed namcnrs rind apmneaanss titerew belom•ing. or in ancwise ipperidaunI2, and the rescnron and
reversions, remuinde, and remainJen, rents, issues and profits thereof. and all the estate, right, rule. interest, claim unJ demand w hmsocvcrot the grantor,
either In law or equity, of, in and to the above bargained premises, with the herohtantentS and appurtenances;
TO MANE, AND 10 IIOLI) the sail premises sheer, har,am,J and described wrtlt the appurtenances, unto the grunteex,), its
successors onJ assnans loreeee The ^ranter, for ii,,lt. it, aid -. i_•n, does anenam and agree that a shall end wdl AA:ARRAS f AND
FOREVER DEFEND the above-bareained premises in the quiet and peaceable possession of the emnlcrfilS. its -hdr,. successors and assigns,
against all and every person or persons chamung the ++hole or am part thereof. bv, through or under the grantor.
IN "'I'rNESS NA HEREOF, The grantor ties caused its corporate name to be hereunto subscribed by its
President, and its corporate seal to be hereunto aflised, attested he its Secretary. the day and year first
above written.
A rest:
AMERICAN CONTINENTAL CORPORATION,
A ss t s'Ta� �sfea'rr
6y
e / read.m
STATE OF COLORADO 1
1 ss.
County of The foregoing instr uncn/t/tea, ucknowledeed bo�/ore this qi disc of //lQ y-G� ,t 19 p y
belam. Set Se��i. /1 /!LP//JS�/ ll as ry�a), �Aeria ,/,/4,'fpresidcnt
and'a-/ �Quyko as//SSiSftGn rT/ .Secretary
of American Continental Corporation, an Ohio gi corporation.
My commission expires
Witness my hand and official seat. xa: w .c
My Mission expires lay 13, 1991
6060 S. Willow Dr. Suite 2204
'If in Denver, insert -City and Englewood, CO 0011I
No. 1611. Rev. 12-85. SPECIAL NVARRANT, Uf➢D (c.,p ,,a..0 BmdruN NbG,hing, 5825 W. hth Ave., l kcw . CO 80214—(303) 233-69W I -eta
2. The $51,813.38 shall be reimbursed to Medema as follows:
a Any and all storm drainage basin fees paid to the City by
other developments which benefit from Medema's improvements shall be paid
directly by the City to Medema until the full $51,813.38 has been reim-
bursed.
b. In the event that full reimbursement has not occurred by March
1, 1982, pursuant to a, above, and provided that the Council of the City
agrees to include said sum in the City budget and appropriation ordinance
for the year 1982, the City shall pay Medema all remaining reimbursement
due on March 1, 1982.
c. The City shall not, under any circumstance, be responsible for
payment of any interest on said $51,813.38.
3. Payments from the City to Medema under this Agreement shall be
sent to Medema Homes, Inc., Building 43, 5295 OTC Parkway, Englewood,
Colorado 80111, Attention: Gary Bever.
4. It is hereby agreed that the City staff shall include said payment
in the budget submittal for the year 1982, together with the recommendation
to the City Council that said payment be included in the budget and
that an appropriation ordinance be promptly passed authorizing said pay-
ment. Nothing herein shall be construed to obligate the payment of said
sum (except as provided in paragraph 2(a) above) in the absence of inclu-
sion of said amount in this 1982 budget and appropriation ordinance there-
for.
5. This Agreement constitutes the full agreement between the parties
and may be amended only in writing, executed by both parties.
AMERICAN CONTINENTAL CORPORATION
ATTEST:
ATTEST:
Q
City GTArT -
By:
CITY FORT COLLINS
By: �S _............
(Ss�t City Manager
City Attorney
ArnnvurvVT
THIS AGREEMENT is made this 17th day of September 1979, between the
CITY OF FORT COLLINS, Colorado, a municipal corporation, hereinafter "City"
AMERICAN CONTINENTAL CORPORATION, an Ohio corporation, d/b/a MEDEMA HOMES, INC.,
hereinafter "Medema", and SPRING CREEK FARMS, INC., a Colorado corporation,
hereinafter "Spring Creek", WITNESSETH:
WHEREAS, The City desires to acquire an easement for storm sewer pur-
poses along the North 50 feet of the NE 1/4 of SECTION 32, Township__? N
Range 68 West of the Sixth Principal Meridian; and
WHEREAS, Medema is the owner and developer of Fox Meadows Subdivision
in the city of Fort Collins, Larimer County, Colorado, Fox Meadows being situ-
ated immediately to the west of the property owned by Spring Creek. Fox Mead-
ows consists of 238 single family residential lots on 65 acres; and
WHEREAS, The Fox Meadows Subdivision includes a detention pond at the
northeast corner of the subdivision, and the City has agreed to allow Medema
to discharge water from said detention pond at the rate of 12.65 c.f.s., and
WHEREAS, Spring Creek has agreed to grant unto the City an easement for
the installation of a 36-inch concrete tile to be installed within the North 50
feet of the NE 1/4 of said Section 32 as a segment of the storm drainage basin
within which the Fox Meadows Subdivision and Spring Creek properties are located.
NOW, THEREFORE, In consideration of the premises and the terms of the
within agreement, the parties agree as follows:
(1) City agrees to contract for a storm drainage basin study covering
a wide area of land containing the Fox Meadows Subdivision and Spring Creek
properties, at City's sole expense. On completion of such study, the City will
endeavor to expedite the installation of permanent storm drainage solutions
within the basin and will establish a storm drainage fee based on gross land
area served by the system.
(2) Medema agrees to complete an off -sight storm drainage sewer in
accordance with plans prepared by M & I, Inc., consulting engineers, of Fort
Collins, Colorado, as approved by the City Engineer for the City, the County
Engineer for Larimer County, North Poudre Irrigation Company and Spring Creek.
Said sewer shall be 36-inch diameter reinforced concrete set on a minimum grade
of 0.35% and designed to carry storm drainage from Fox Meadows detention pond,
irrigation waste and storm water from Spring Creek, as well as a portion of
the storm water from the basin as may ultimately be defined by the basin drain-
age study.
(3) Medema agrees to pay a maximum fee of. $ .05 per square foot of
gross area within the entire Fox Meadows Subdivision as an interim fee for its
proportionate share of the development of a storm drainage system as the same
may be defined by the basin storm drainage study. The final storm drainage
fee shall be determined by the City as an assessment to all landowners within
the basin upon completion of the basin storm drainage study. In the event that
the fee to be assessed to all landowners within the basin shall be less than
$ .05 per square foot of gross area within the basin, City shall grant a credit
adjustment to Medema in such amount to assure that a cost per equivalent square
foot shall be accorded to Medema as it shall be for all property owners within
the storm drainage basin.
(4) Medema agrees to pay all costs of acquisition, engineering, con-
struction and installation of the storm sewer from the outlet of Fox Meadows
Subdivision detention pond to the entry into Fossil Creek inlet. At the time
of completion of acquisition, development and installation of the storm drain
as herein defined, Medema shall certify to the City all costs incurred by it
in fulfilling the within agreement. Once certified, the costs shall be credited
to the interim fee to be paid by Medema as hereinabove provided. The final fee
to be paid after conclusion of the storm basin drainage study or the maximum
fee, whichever is lower, shall be pro rated on a per -lot basis within Fox
Meadows Subdivision. Total credit paid under this agreement shall be calcu-
lated and attributed to sufficient lots to consume the certified costs incurred
-2-
by Medema in acquisition, development and construction. Thereafter, a per -lot
assessment of remaining fee shall be paid by Medemaat the time of obtaining
a building permit on each such lot.
(5) Spring Creek agrees to provide a 20-foot wide permanent easement
for the construction and maintenance of the storm sewer within the North 50
Feet of the NE 1/4 of said Section 32. As consideration for said permanent
easement, Spring Creek shall: (a) be paid the sum of $6000.00 for land cost,
(b) be reimbursed for its reasonable out-of-pocket expenses, including attor-
ney's fees, in negotiation, review and redrafting of the easement and agree-
ments, (c) have its fence replaced that was removed in the installation of the
sewer drain, (d) have all removed culverts preserved and delivered to Spring
Creek, (e) have reinstalled at their existing locations 20-foot entry gates,
(f) have its top soil overburden, to a depth of. 16 inches, stripped and re-
placed over the sewer tile, (g) have a berm established along the south line
of the barrow pit to preclude road runoff from entering upon Spring Creek's
property, and (8) be granted access to the storm sewer to allow storm drainage
and irrigation water collected and developed on its property to waste into the
storm sewer; all such items to be paid and performed by Medema.
IN WITNESS WHEREOF, The parties hereto have set their hands and seals
the day and year first above written.
APPROVED:
DIRECTOR OF PUBLIC WORKS
�QSsY �,y ATTORNE
CITY 0 ,FORT COLL,INS, Colorado
By -
01
Ate/: / /` -
v v
AMERICAN CO TAL CORPORATION
Byi_.
SPRI EK FARMS, INC.
By _
Attest:
- 3-
APPLICATION FOR ENCROACHMENT UPON PUBLIC RIGHT-OF-WAY
IN THE
CITY OF FORT COLLINS, COLORADO
Number ,33 -9a D " 17
1990
Application is hereby made by the undersigned for a permit for
an encroachment upon a public right-of-way as indicated below,
subject to the provision that the Applicant agrees to abide by the
provisions of Chapter 23, Section 81-85 of the Code of the City of
Fort Collins.
A. APPLICANT: Mr. Lin Johnson.
ADDRESS: 3819 Caribou, legally described as Lot 1, Block
10, Fox Meadows Subdivision in the City of
Fort Collins, Larimer County, Colorado
(hereafter referred to as "Lot 111).
B. LOCATION OF ENCROACHMENT:
Block 3, Tract "A," Sunstone Village PUD, 1st Subdivision
in the City of Fort Collins, Larimer County, Colorado.
C. TYPE OF ENCROACHMENT, OBSTRUCTION OR STRUCTURE:
South side yard fence for Lot 1, two 4" PVC stormwater
lines and top one foot (top two tiers) of wood retaining
wall as shown on the attached detail.,
D. PURPOSE OF THE ENCROACHMENT: m�i� �cc'S• y''f'�
Accommodate fence and lot drainage. Note: All but top
two tiers of wood retaining wall was to accommodate the
pedestrian path and therefore is not the responsibility
of owner, of Lot 1.
E. SPECIAL CONDITIONS:
This encroachment is permitted with the understanding
that since all encroachments are for the sole benefit of
the use of Lot 1, all maintenance of the encroachments
are to be performed by the owner of Lot 1 until the
encroachments are removed. Applicant shall be legally
responsible for and shall indemnify the City against all
liability arising as a result of the existence or
maintenance of the encroachments as described in
paragraph C above. If the fence should become damaged or
deteriorated to the extent that more than 50% of said
fence must be replaced, then said fence will be relocated
within the boundary of Lot 1 and removed from the area of
encroachment. This permit shall be binding on the
Applicant, the owner of said Lot 1 and their heirs,
successors, representatives and assigns and shall be
deemed to run with said Lot 1.
Permission is hereby granted for the indicated encroachment upon a
public right-of-way.
j7��Dire.c'tor of n nearing
AGREEMENT
THIS AGREEMENT is made this 17th day of September 1979, between the
CITY OF FORT COLLINS, Colorado, a municipal corporation, hereinafter "City",
AMERICAN CONTINENTAL CORPORATION, an Ohio corporation, d/b/a MEDEMA HOMES, INC.,
hereinafter "Medema", and SPRING CREEK FARMS, INC., a Colorado corporation,
hereinafter "Spring Creek", WITNESSETH:
WHEREAS, The City desires to acquire an easement for storm sewer_pur-
poses along 'the North 50 feet of the NE 1/4 of SECTION 32 Township 7 North,
Range 68 West of the Sixth Principal Meridian; and
WHEREAS, Medema is the owner and developer of Fox Meadows Subdivision
in the city of Fort Collins, Larimer County, Colorado, Fox Meadows being situ-
ated immediately to the west of the property owned by Spring Creek. Fox Mead-
ows consists of 238 single family residential lots on 65 acres; and
WHEREAS, The Fox Meadows Subdivision includes a detention pond at the
northeast corner of the subdivision, and the City has agreed to allow Medema
to discharge water from said detention pond at the rate of 12.65 c.f.s., and
WHEREAS, Spring Creek has agreed to grant unto the City an easement for
the installation of a 36-inch concrete tile to be installed within the North 50
feet of the NE 1/4 of said Section 32 as a segment of the storm drainage basin
within which the Fox Meadows Subdivision and Spring Creek properties are located.
NOW, THEREFORE, In consideration of the premises and the terms of the
within agreement, the parties agree as follows:
(1) City agrees to contract for a storm drainage basin study covering
a wide area of land containing the Fox Meadows Subdivision and Spring Creek
properties, at City's sole expense. On completion of such study, the City will
endeavor to. expedite the installation of permanent storm drainage solutions
within thh basin and will establish a storm drainage fee based on gross land
area served by the system.
(2) Medema agrees to complete an off -sight storm drainage sewer in
accordance with plans prepared by M & I, Inc., consulting engineers, of Fort
Collins, Colorado, as approved by the City Engineer for the City, the County
Engineer for Latimer County, North Poudre Irrigation Company and Spring Creek.
Said sewer shall be 36-inch diameter reinforced concrete set on a minimum grade
of 0.35% and designed to carry storm drainage from Fox Meadows detention pond,
irrigation waste and storm water from Spring Creek, as well as a portion of
the storm water from the basin as may ultimately be defined by the basin drain-
age study.
(3) Medema agrees to pay a maximum fee of $ .05 per square foot of
gross area within the entire Fox Meadows Subdivision as an interim fee for its
proportionate share of the development of a storm drainage system as the same
may be defined by the basin storm drainage study. The final storm drainage
fee shall be determined by the City as an assessment to all landowners within
the basin upon completion of the basin storm drainage study. In the event that
the fee to be assessed to all landowners within the basin shall be less than
$ .05 per square foot of gross area within the basin, City shall grant a credit
r:djustment to Medema in such amount to assure that a cost per equivalent square
foot shall be accorded to Medema as it shall be for all property owners within
the storm drainage basin.
(4) Medema agrees to pay all costs of acquisition, engineering, con-
struction and installation of the storm sewer from the outlet of Fox Meadows
Subdivision detention pond to the entry into Fossil Creek inlet. At the time
of completion of acquisition, development and installation of the storm drain
as herein defined, Medema shall certify to the City all costs incurred by it
in fulfilling the within agreement. Once certified, the costs shall be credited
to the interim fee to be paid by Medema as hereinabove provided. The final fee
to be paid after conclusion of the storm basin drainage study or the maximum
fee, whichever is lower, shall be pro rated on a per -lot basis within Fox
?`.endows Subdivision. Total credit paid under this agreement shall be calcu-
lated and attributed to sufficient lots to consume the certified costs incurred
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