HomeMy WebLinkAboutGHENT - Filed OA-OTHER AGREEMENTS - 2003-11-13temnee Ik. _James?. Thom E 30. 7/
RECEIPT AND CONFIRMATION OF AGREEMENT
WHEREAS, the undersigned, FRANK GHENT, DWIGHT L. GHENT, and
ELDON FRANK GHENT, hereinafter referred to as Ghents, are the owners of
property known as the Ghent Subdivision in the City of Fort Collins,
Colorado, according to the recorded Plat thereof; and
WHEREAS, said Subdivision plat in the Statement of Ownership,
Subdivision and Dedication contained a qualified dedication of Drake Road
as shown thereon; and
WHEREAS, the City of Fort Collins, Colorado, hereinafter referred
to as the City, desires to install an overhead electric transmission line,
supporting pole and a street light on and over a portion of Drake Road as
shown on said Subdivision plat; and
WHEREAS, because said dedication was conditional and the City
has not yet made a determination that it is necessary to widen said street,
Ghents maintain that the City does not have the right to install said
overhead power line, pole and street light on Drake Road as shown on said
plat; and
WHEREAS, the City maintains that it does have such right but
desires to settle such controversy,
NOW, THEREFORE, IT IS AGREED as follows:
1. For and in consideration of the sum of Ten and No/100
Dollars ($10.00) and other good and valuable consideration, the receipt
of all of which is hereby acknowledged by Ghents, Ghents hereby agree that
the City may install overhead power lines, supporting pole and street
lights on Drake Road as shown on the plat of the Ghent Subdivision; and
the easement of the City for said power line and structures is hereby
confirmed in the City, including the right of way and easement to install,
service and maintain and replace the same.
2. The within agreement and confirmation of easement shall not
in any way be construed as any admission on the part of the City that it
did not before this agreement have the rights herein confirmed.
6-0cK 1457 wM5
3. Nothing contained herein shall in any way diminish or other-
wise limit the dedication and reservation of Drake Road as contained in
the Statement of Ownership, Subdivision and Dedication contained on the
plat of the said Ghent Subdivision.
Dated this day of % A.D. 1971.
�� nh ent
DwEght LGhent
Eldon Frank Ghent
STATE OF COLORADO)
)ss.
COUNTY OF LARIMER)
The foreqoing instrument was acknowledged before me this L
day of i A.D. 1971, by Frank Ghent, Dwight L. Ghent, and
Eldon Frank Ghent.
=i Witness my hand and notarial seal.
My commission expires: z /
Notary -Public
a
-2-
RESOLUTION 31-72
OF THE COUNCIL OF THE CITY OF FORT COLLINS DETERMINING
THE NECESSITY OF WIDENING DRAKE ROAD AS THE SAME IS
DESIGNATED IN THE GHENT SUBDIVISION, ACCORDING TO THE
RECORDED PLAT THEREOF.
WHEREAS, heretofore there was presented to the City and approved
by the City a plat of the Ghent Subdivision, which plat was thereafter filed
and recorded in the office of the Clerk and Recorder of Larimer County; and
WHEREAS, said plat designated a 20 foot strip along the North
boundary thereof as Drake Road, which 20 foot strip so designated abuts
Drake Road as the same existed before the date of said subdivision plat; and
WHEREAS, the statement of ownership, subdivision and dedication
contained on said plat states that Drake Road, as shown on said plat, is not
dedicated but is reserved for a period of twenty (20) years from the date of
the plat and that if the City determines that it is necessary to widen Drake
Road, so much of the area as is needed for street, gutter,,sidewalk and lights
shall thereupon be deemed dedicated for such purpose; and
WHEREAS, the City Council has accepted a report from the City
Administration regarding the need to enlarge Drake Road and has made a deter-
mination as to the necessity to widen the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council hereby finds and determines that it is necessary
to widen Drake Road as the same adjoins the Ghent Subdivision, and in accord-
ance with the provisions of the statement of ownership, subdivision and dedica-
tion contained on the plat of the Ghent Subdivision, the City Council hereby
finds and determines that it is necessary to acquire the 20 foot strip desig-
nated as Drake Road on the plat of the Ghent Subdivision for the purpose of
installing street, curb, gutter, sidewalk and lights in connection with the
widening of Drake Road, which improvements shall be installed on said strip.
Passed and adopted at a regular meeting of the City Council held
this 5th day of August, A D. 1971.
ATTEST:
1 or
City Clerk