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HomeMy WebLinkAboutKENSINGTON SOUTH - Filed DA-DEVELOPMENT AGREEMENT - 2003-12-08dC � uI71�YY THIS AGREEMENT is made and entered into this /cl�day of -4 epict-I A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, as municipal corporation, hereinafter sometimes designated as the "City", and Rex S. Miller hereinafter designated as the "Developer", wiTNFSSETH: WHEREAS, Developer is the owner of certain property known as Kensington south situated in the Northeast ; of Section 27, T 7N, R 6 9 W of the 6th P.M., County of Larimer, State of Colorado; and WHEREAS, Developer desires to develop said property as a residential subdivision and has suhmitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the Office of the City Planner and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City's planning and zoning board has approved the master plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: 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 develoixnent. 7. 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 be 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 facilities prior to the City issuing building permits for more than 27 structures within the subdivision. A1:1 of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. d. All of said facilities shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be 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. 8. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete the asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full compliance with the stan- dard specifications of the City on file in the office of the City Engineer re- lating to the installation of such streets. c. Developer agrees to complete the installation of street improvements in accordance with City Code or at such,,the City Engineer determines there is a need for such streets to serve adjacent properties. d. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furtherirore, no building permit shall be issued by the City for any structure located in excess of 600-feet from a single point of access. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay for that added cost.of improving Drake Road as an arterial street and Dunbar Street as a collector street rather than as residential streets. f. The installation of all streets shall be inspected by the Engineer- ing 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. g. Street Improvements shall not be installed until all utility lines to be placed in the street have been completely installed and all services to individual lots have been installed from main utility lines to the property line. 9. Other Requirements. The Developer agrees that there is a need for a bicycle -pedestrian walk along Drake Road and shall provide a seven -foot wide concete walk adjacent to frontage alone; the entire frontage of Drake Road. The City shall pay for that portion of sidewalk over four feet wide. -5- Developer furt,ler agrees to landscape along DraKe Road as shown on the utility plans and agrees to maintain said landscaping for two years after initial planting. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS 6\TMPFAF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk Directo o gi:n g/ rvices City Attorney THE CITY OF FORT COLLINS, COLORADO By q�-J. -� City Manager Deve open '17 ' b-6269 "UNTY OF LARIPI R 02 JUL ? T AN i 1: 50 I'ATE OF COL ORADO N ORDINANCE NO. 81, 1982 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE VACATING EASEMENTS IN KENSINGTON SOUTH SECOND FILING -D w WHEREAS, the Council of the City of Fort Collins has been petitioned u' to vacate existing streets and easements in and along Lots 23-38 inclusive of Kensington South Second Filing; and WHEREAS, said lots have been replatted into the Square at Kensington South with new streets and easements having been dedicated; and WHEREAS, the rights of the residents of the City of Fort Collins will in no way be prejudiced or injured by said vacation. NOW, THEREFORE, be it ordained by the Council of the City of Fort Collins that those certain easements as platted on Kensington South Second Filing in lots 23-38 inclusive be, and the same hereby are, vacated, abated and abolished and Hastings Drive is vacated, abated, and abolished as to such filing from a point parallel to the westerly boundary of lot 24 to a point on the easterly boundary of lot 35, and Canterbury Street is vacated, abated, and abolished in its entirety from Kensington South, Second Filing. Introduced., considered favorably on lished this 6th day of July, A.D. 1982, passage on the 20th day of July, A.D. 1982. Mayor ATTEST: City Clerk� first reading, and ordered pub - and to be presented for final Passed and adopted on final reading this 20th day of July, A.D. 1982. Mayor 07 ATTEST: Cit' y Clerk 1. The City hereby approves the master plan submdtted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. The City also hereby approves the utility plans submitted by the Developer, it being understood that the Developer shall bring the utility plans into compliance with the design standards in effect at the time final plats are submitted for approval by the City. 3. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal ,facilities necessary to serve the lands within the subdivision, such lines, streets and facilities including, but not limited to, those shown on the utility plan for said subdivision. 4. Water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements 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 system. b. Such water lines shall be 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 said lines in accordance with the City Code or at such time the City Engineer determines there is a need for such lines to serve adjacent properties. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. -2- e. All of said lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be 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. 5. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property. b. Such sanitary sewer lines shall be 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 said lines in accordance with the City Code or at such time the City Engineer determines there is a need for such lines to serve adjacent properties. d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of Developer. 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. 6. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the -3- 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. 7. 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 be 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 facilities prior to the City issuing building permits for more than 27 structures within the subdivision. All of said lines and facilities shall be constructed in an orderly fashion, as determined by the City Engineer, so as to prevent damage to other utilities, streets, curb, gutter, sidewalks, and all adjacent properties. d. All of said facilities shall be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Engineering Services Department of the City and shall be 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. 8. Streets. a. The Developer agrees to install all streets shown on the utility plans, complete the asphalt paving, curb, gutter and sidewalks. b. Such streets shall be installed in full coupliance with the stan- dard specifications of the City on file in the office of the City Engineer re- lating to the installation of such streets. c. Developer agrees to complete the installation of street improvements 41n e, al in accordance with City Code or at such�the City Engineer determines there is a need for such streets to serve adjacent properties. d. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least the gravel base required. Furtheramre, no building permit shall be issued by the City for any structure located in excess of 600-feet from a single point of access. e. All of said streets shall be installed at the sole expense of the Developer except that the City shall pay for that added cost.of improving Drake Road as an arterial street and Dunbar Street as a collector street rather than as residential streets. f. The installation of all streets shall be inspected by the Engineer- ing 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. g. Street Improvements shall not be installed until all utility lines to be placed in the street have been conpletely installed and all services to individual lots have been installed from main utility lines to the property line. 9. other Requirements. The Developer agrees that there is a need for a bicycle -pedestrian walk along Drake Road and shall provide a seven -foot wide concete walk adjacent to frontage along the entire frontage of Drake Road. The City shall pay for that portion of sidewalk over four feet wide. -5- Developer further agrees to landscape along Drake Road as shown on the utility plans and agrees to maintain said landscaping for two years after initial planting. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City Clerk Direc r of Engineer g Services J � Eity Attorney / THE CITY OF FORT COLLINS, COLORADO By t City Manager THIS AGREE I," is made and entered into this .day of A. D. 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter sometimes designated as the "City", and Rex S. Miller hereinafter designated as the "Developer", WITNFSSEPH: WffREM, Developer is the owner of certain property known as Kensington South situated in the Northeast ; of Section 27, T 7 N, R 6 9 W of the 6th P.M., County of Larimer, State of Colorado; and WEIERFAS, Developer desires to develop said property as a residential subdivision and has submitted to the City a master plan showing a proposed subdivision layout for said lands, which master plan is on file in the Office of the City Planner and by this reference made a part hereof; and WHEREAS, Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WHEREAS, the parties hereto have agreed that the development of said lands will require increased municipal services from the City in order to serve such area and will further require the installation of certain improvements primarily of benefit to the lands to be developed and not to the City of Fort Collins as a whole; and WHEREAS, the City's planning and zoning board has approved the master plan submitted by the Developer subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. NOW, THEREFORE, in consideration of the premises and the terms 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. The City hereby approves the master plan submitted by the Developer, it being understood that such approval is approval only of the general scheme and concept of development shown thereon and that the City may impose additional requirements on final plats for any portion of said land consistent with the general scheme of development shown on the master plan. 2. The City also hereby approves the utility plans submitted by the Developer, it being understood that the Developer shall bring the utility plans into compliance with the design standards in effect at the time final plats are submitted for approval by the City. 3. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands within the subdivision, such lines, streets and facilities including, but not limited to, those shown on the utility plan for said subdivision. 4. Water Lines. a. Developer agrees to install all water lines as shown on the utility plans in accordance with the requirements 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 system. b. Such. water lines shall be 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 said lines in accordance with the City Code or at such time the City Engineer determines there is a need for such lines to serve adjacent properties. d. Developer understands and agrees that no building permit for any structure in the subdivision shall be issued by the City until the fire hydrant serving such structure is installed and accepted by the City. -2- e. All of sa_a lines shall be installed at the sole expense of the Developer. f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall be 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. 5. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the same be on or off the subject property. b. Such sanitary sewer lines shall be 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 said lines in accordance with the City Code or at such time the City Engineer determines there is a need for such lines to serve adjacent properties. d. Developer understands and agrees that no building permit shall be issued by the City for any structure in the subdivision until the sanitary sewer line serving such structure is installed and accepted by the City. e. All of said lines shall be installed at the sole expense of Developer. 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. 6. Electric Lines and Facilities. The City Light and Power Department shall install all electric distribution lines and facilities required for the -3-