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HomeMy WebLinkAboutGRIFFIN RESUB BLOCKS 305, 315 AND 316 - Filed OA-OTHER AGREEMENTS - 2003-11-18MEIORANDLY OF AGREEMENT M3MCRANDUM OF AGREEMENT made and entered into this 12th day of January, A. D.:Lv5b, by and between the CITY OF FORT COLLINS, A MUNICIPAL CORPORATION, herein- after designated as first party, and PEARL I. GRIFFIN and BEDFORD SPENCE, hereinafter designated as second parties, WITNFSSETH: WHEREAS, the said Pearl I. Griffin has heretofore petitioned the City Council to vacate portions of Park Street and hest Street and the alleys in Blocks 305, 315 and 316 lying North and East of the Arthur Ditch right of way in the Capitol Hill Addition to the City of Fort Collins, Colorado, and ldH',P.EAS, the said Pearl I. Griffin has heretofore submitted a plat re- subdivS-ding the property owned by her and abutting on said streets and alleys, which said plat has been approved by the Planning and Zoning Board, and IuFIEREAS, said plat shows that eventually it will be. necessary to construct a bridge across the Arthur Ditch on Elm Street to furnish proper ingress and egress tc the area being resubdivided, and 1ll11EREAS, the owners of the lots in said subdivision should bear a portion of the expense of the construction of said bridge, and ItiHFREAS, there is pending before the City Council an ordinance for the vacation of the above mentioned streets and alleys in said subdivision which has been passed on first reading with the informal understanding of the petitioner for said vacation that provision would be made for the assessment of a portion of the cost of said bridge against the lots in said subdivision as the same are sold. N01�i, TH=FORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. First party agrees that said vacation ordinance shall be finally adopted by said first party provided consideration of public interests do not arise which would prevent the passage of said ordinance. 2. In the event of such passage of said ordinance second parties agree that the sum of $3O,)0 shall be deposited by second parties for each lot sold by second parties in the development of said new subidivision, which said sums shall be deposited with the City Clerk of the City of Fort Collins and shall. be held by said ^,i_ty Clerk and shall be used for no purpose other than the construction of the aforesaid bridge. 3. It is mutually understood and agreed that the within agreement shall constitute a lien against the lots in saiu resubdivision, but upon the payment of the sum of .00.00 for any certain lot said lot shall automatically be released from such lien and the City Clerk shall keep a full and accurate list of all lots for which said sum of w30.00 is paid, and said City Clerk is hereby authorized and empowered to execute a release releasing any lot from the terms of this agreement for which the said sum of w30.00 has been deposited with said City Clerk. L. It is mutually agreed that in the event said bridge is not constructed within 10 years from date that the sum theretofore deposited with the City Clerk shall be returned to second parties, their heirs and assigns as their interest may appear, and the lien hereby created shall thereupon be discharged, provided further that, if said bridge is constructed the lien shall continue until each and every lot in said new subdivision is released by the payment of the said sum of w30.00. 5. It is mutually agreed that the terms and conditions of this agreement shall extend to and be binding upon the successors, heirs, executors, administra- tors and assigns of the respective parties. IN WITNESS WH,':HMF second parties have hereunto set their hands ana seals, and first party has caused its corporate name to be hereunto subscribed -2- by its iayor and :its corporate seal to be hereunto affixed, attested by its city Clerk the day and year first above written. CITY OF FONT COLLINS Mayor ATTZST : First Party (SEAL) (SEAL) econd Parties',