HomeMy WebLinkAboutKESSLER - Filed OA-OTHER AGREEMENTS - 2003-12-08MEMORANDUM OF AGREMIM
THIS AGREEMENT, made and entered into this 22nd _ day
of October A. D. 19 64 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Ralph Kessler and Alberta Kessler
Eereiinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as The Kessler Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first partyls Planning and Zoning Board, subject to construction of
utilities `_n the area to be subdivided,
E9J. THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. In consideration of the approval of said plat by first
party, a; -Al first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
1:1) A plan of the proposed water distribution system
including Vie connecting pipelines to the points of connection to the
first party's existing water distribution system and showing all va';xes
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first party's
existing rzn__tary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party's existing electrical
dist-'outicn system and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system showing the connections to the first party's storm sewer system
and including all storm sewer inlets and manholes. The channel for Spring Creek is
In '-c re7ocr.ted and cons trtictec , cleordiwT to the Utility Plat am] separate agreement,
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the: second part to the Light & Power Depaxtment of the City.
In the event the City of Fort Collins shall require larger
water mains, salutary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
practices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins vr_11 pay a portion of
the cost of such enlarged facility based on proration c£ tho cost of the
facility actually constructed and the estimated cost of such facility as
shown on the subdividerts approved plan. Such proration of "s-ts between
the City of Fort Collins and the subdiv_.der shall b dc.ci ^--'.ned in advance
of construction. by the City Engineer and in the event cf any di,-pute this
matter shall be submitted to the City Council for final. det�rr�nation.
IN WITNESS WHEREOF, first party has caused tP.ese presents to
be signed by its Mayor and its corporate seal to be here' 1`" ttest
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the
27nd
day of October
A. D., 19 64J. and second party has hereto set his hand. and sea2 the day
and year first hereina.bove written.
ATTEST:
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MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into this/�� day
off, Lhtr_.[a. Eby and between RALPH KESSLER and ALBERTA Y. KESSLER, hereinafter
designated as first parties, and MORRIS G. BRISTOL and ERMA H. BRISTOL, herein-
after designated as second parties, WITNESSETH:
WHEREAS, first parties are the owners of certain real property lying
in the NE4 of Section 24, Township 7 North, Range 69 West of the 6th P.M. and
second parties are the owners of certain real property lying in the NW'k of
Section 24, Township 7 North, Range 69 West of the 6th P.M., and
WHEREAS, Spring Creek now runs through both the property owned by
first parties and the property owned by second parties, and
WHEREAS, both parties are desirous of developing their properties
and in connection with the development of said properties it is considered
advisable to relocate the channel of Spring Creek as it runs through said
properties, and
WHEREAS, first parties have had prepared a plat of their property,
which plat shows Spring Creek as relocated, and
WHEREAS, it is necessary to provide by an agreement for the relocation
of Spring Creek on the property of second parties.
NOW, THEREFORE, in consideration of the premises and the terms of
the within agreement, it is agreed as follows:
Second parties agree that Spring Creek shall be relocated on their
property so as to follow a channel with center line described as follows, to -wit:
Commencing at a point which is South 89°40' West 378.10
feet: from the Southeast corner of the NEy of the NW'y of
Section 24, Township 7 North, Range 69 West of the 6th
P.M., which point is also the Southeast corner of the
Bristol Subdivision, thence North 04°42'30" East 284.75
feet:, thence South 89057'30" East 320.7 feet to the West
right of way line of Stover Street,blithence South 06°41'30"
East: 34.24 feet to the center line of `Stover 3tre t t' C' 7�a'c Gy
which point Spring Creek leaves the prope
�
'parti_es,; which point is also North 00°t7'.SO'East 266.25 _ /�
feet from the Southeast corner of the NV; of the NW',, of
Section 24, Township 7 North, Range 69 West of the 6th P.M.;
and second parties expressly agree to relocate Spring Creek to conform with((", '\
the above description, it being understood that such relocation shall be at
the expense of second parties and shall be accomplished by them as soon as
possible. It is further understood that Spring Creek as relocated shall have
a forty (40) foot easement along the above described center line.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year first hereinabove written.
(SEAL)
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FirstPar
(SEAL)
(SEAL)
eS cond Parties
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