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Home My WebLink AboutHANNA SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-18UPIL:I7`Y A��RIiPJ-iI�,PJ'C THIS AGRFS�F,IV'P is nkzde and entered into this _ Q'Sis day of _094111104k, , A. D. 1977, by and b-,Lween THE CITY OF Mtff COISINS, COLORAIb, a municipal cor- poration, hereinafter sometimes designatrxl as the "City", and Northern Colorado �onstruction� IncJ�ereinaftcr designated as the "Ikveloper", WITNESSE ri l : WfIhRBA.S, Develolxer is the owner of certain protorty situate in the County of Ixarirer. and State of Colorado and legally described as follows: THE JU INA SUBDIVTSION, SECOND FILING situate in the northeast 1/4 of Section 10, Township 7 North, Range 69 West of the Sixth P.M., Fort Collins. WHEREAS, Developer desires to develop sari property as a res_idcntial sub- division and has subiutLed to the City a sulxh vision plat (and a site plan if said property is bs be developed as a Plann�,d Unit D,velopient), a copy of c,-hich is on file in the office of the City Engineer :uxl by this reference made a part hereof; and WHEREAS, Developer has further submitt(d i-o the City a utility plan for said lands, a copy of which is on file in the "Vice of the City Engineer and by this reference made a part hereof; and WIIliREAS, the parties hereto have agree] that the developnx_nt of- said lvn will require increas<xl municipal services front the City in eider to serve surJk area and will further require the instal LaLion of certain irgwovunknt:s 1win"; of benefit to the lands to be developed anti not Co Une City of Foru Collins a whole; and MiEREAS, the City has the sut)li_VLsion platy (and site plan wihere applicable) submitted by the Developer subject to and dCPI'd ,i o5U30760 5/05 14:22:38 # OF P + - 1 FEE - J. ULVANv, RLCORDER LARi,1ER COU,JTY, CO. DOC. �nL- $•00 AFFIDAVIT AND NOTICE Please take notice that there exists in the City of Fort Collins, Colorado, a certain subdivision known as the "Hanna Subdivision, Second Filing" in which subdivision is located a tract entitled "Tract A" which tract, according to the plat of said subdivision, was dedicated "as a utility and storm water detention easement." The intention of the parties at the time of said dedication was that said tract was to be dedicated to the City for the exclusive use of the City for detention purposes, not withstanding that the dedication was made of an easement instead of the fee. 10 a W. Paul Eckman Assistant City Attorney STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this 26th day of June, 1985, by W. Paul Eckman. Witness my hand and official seal. My commission expires January 6, 1988. Notary Pub c conditions which involve the installation of and construction of utilities and other municipal improvernnts in connection with said lands. NOW, TEE'a:toivL' in consideration of the premises and the teimu and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 1. Except as otherwise herein specifically agreed, t}le Developer agrees to install and pay for all utility lines, stonn drainage facilities, streets and other municioal facilities necessary to serve the lands w-Chin the subdivision. 2. Water Lines. a. Developer agrees to install_ al_1, water lines a-; ho,an on the utility plans in accordance wil-h Lhu rerluirements and as shown on said plans, whether such lines are actually on the property, bordering the property or on other_ lands connecting the subject property to the existing City water distribution systdm. b. Such water lines shall be install,s1 in full compliance with the standard specifications of the City on file in the office of the City Engineer and applicable previsions of the City Code rel'ti_ng to the installation of such lines. c. Developer understands and agrees inat no building permit for any structure in the subdivision shall be issued b7 tie City until the .rater line and the fire hydrant serving such structure is installed and accePAQ by the City. d. Any water lines described on Exhibit A, attached hereto, small ' installed within the thin required on Exhibit A. If the City Engineer Klemm that any lines shown on the utility plais are reii:fired to provide service to other areas of the City, those lines shall be installed wi Uiin the time detenn' 1 <i by the City Engineer. -2- C. 103_ of said lines shall Ix! insl.alled at the sole expense of the Developer. f. The installation of said line shall le inspected by the Engineering Services Department of the City and shall he subject to such departmx_nt-'s ap- proval. Developer agrees to correct any deficiencies in such installation in order to moot the requi.rcuionts of the plans and the sin,cifications applicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same lx, on or off the subject propbrty. b. Such sanitary sewer lines shall b, installed in full compliance with the standard specifications of the CiLy on file in the office of the City Engineer relating to the installation of such Kos. c. Developer understands and agrees chat no building perm.i.t shall b issued by the City for any structure in the sulxlivision until the sanita.-i sewer line serving such structure is instal crl npl accepted by the City. d. Any sanrtauy sewer lines describ(rl on Exhibit n, uttached hemLo, shall be installed within the Chia rcduired on exhibit A. If the City Eigkvc deternunes that any lines shown in the utility plans are i.cguirod to provide service to other areas of the City, those lines shall be installer) wVKia the time determined by the City Engineer.. -3- e. All of said lines shall be installed at the so.1e expense of the Developer except that the City shall pay for installing 92 linear feet of main north from Elm Street. f. The installation of said lines shall be inspected by the Engineering Services Department of the City and subject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 4. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the subject property and the Developer- shall pay for such work in accordance with the established charges of the Light and Power Department. Such installation shall include all street lights required for the development. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all storm sewer lines and facilities shown on the utility plans. b. Such storm sewer lines and facilities shall he installed in full compliance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such lines. c. Developer agrees to complete the installation of detention facii!- ties prior to the City's granting building permits for pore than eleven strn within the subdivision. All of said lines and facilities shall be constructed in an orderl. fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. In -4- any event, all of said lines and facilities shall bo comptct(xl wiChin 24 months from the date of this agreement. d. All of said facilities shall be installed at the sole expense of Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineering Services Depart remit of doe COT and shall be sub- ject to such delkrrtirent's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requiredi nts of the plans and the specifications applicable to such installation. 6 • Streets. a. The Developer agrees to install all streets shown on the utility plans, corqDlete with navinq, curb, gutter and-,idcwall<s. b. Such streets shall be installed in full compliance wit3 the standard specifications of Lbe City on file in the off.h-a of the City Engineer relating to the installation of such streets. c. No building permit for the constriction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is irproved with at least the y::avel ivise rczlui.red. C,n_thcrini no building permit shall be issucl by the City for any stiucture located in of 660 feet from a single F.oi.nt of access. d. Any streets descrilxd on Exhibit A, it t,ichcsd hereto, shad l lx� completely installed within the Lin-, required on :xhihit- A. if thCity Enyir, determines that any streets shown on the ut.ili'._y plans are required to provide access to other areas of the City, those streets shall be installed within Q time required by the City Engineer. -5- e. All of said streets shall be installed at the sole cXpcnse of the Developer except that the City shall pay that additional cost to improve Shields Street as an arterial and Vine Drive as a collector rather than as residential streets. f. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specificati.ons applicable to such installation. g. Street il7=vements shall not be installed until all utility lim.'s to be placed in the streets have been conhletely installe and all services tc; individual lots have been installed from main utility lines to 'the property line. 7. Other Recliiren"its. Because o-- the large number of utility trenches required on Elm Street, Developer agrees to lay an asphalt overlay on Elm Street adjacent to the subdivision. Said asphalt overlay shall be equally shared between the City and the Developer. 8. Miscellaneous. a. This agreement shall be binding upon U1c lxjlrties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be consts-ucd as a waiver of any requirc�nents in the City Sutxlivision ordinance or any other provision of the City Code and the Developer agrees to comply with all rcxpuircjnents of tiie 2'IIP; C]']'Y OP PORT' C0LI,INS, COLCMALX) Interim City N.inager -6- A'rIEST: City Clerk APPROVED: ti Direc or bf Digineerinq�ervices i City Attorney -7- Uevelop, r 'ri t le ERI11BIT A 1. Schedule of water lines to be installed out of sequence. Nonapplicable. 2. Schedule of sanitary sewer lines to be installed out of secfience. That section of sanitary sewer. from Elm Street to Vine Drive shall be constructed with the first phase of development-. in any event, said section of sanitary sewer shall be completed within 12 months of the date of this agreement. 3. Schedule of street improves eats to be installed out of sequence. Nonapplicable. dK161( P9055 RATIFICATION OF PLAT The undersigned, ROWENE MEYER, as the holder of a note secured by a deed of trust recorded in Book 1751 at Page 886 of the Larimer County records hereby joins in, ratifies and confirms the plat of The Hanna Subdivision, Second Filing, and all dedications for streets and easements for utilities, drainage and storm water detention as shown and made on said plat. ROWENE MEYER STATE OF CALIFORNIA ) ss . COUNTY OF The foregoing instrument was acknowledged before me this day of ram, z a,��,�;� 1977, by Rowene Meyer. Witness my hand and official seal. My commission expires � D - ? b Notary Public OFFICIAL SEAL ALICE L. SHERMAN NOTARY PUBLIC - CALIFORNIA VENTURA COUNTY QMY comm. expires AUG 8. 1978