Loading...
HomeMy WebLinkAboutLEXINGTON GREEN - Filed OA-OTHER AGREEMENTS - 2003-12-12MEMCRANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this loth day of March A. D. 19 67 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, i,TITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Lexington Green FSrmt. Filing 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 party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOT, 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, and first party's 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) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first party's existing electrical distribution 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 ORDINANCE NO. 23, 1969, BEING AN ORDINANCE AMENDING SECTION 19.56 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, RELATING TO THE SUBDIVISION OF LANDS AND REQUIREMENTS THEREFOR. 8= IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 1HAT Section 19.56 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended by adding thereto additional subsections as follows: "(f) City Participation in Certain Streets. The City will share in the cost of constructing certain streets required in this ordinance on the following basis: (1) Arterial Streets with Limited Access. In the case of arterial streets where acce to the subdivision has been restricted to designated intersections by the City, the City will pay a portion of the cost of paving such street including the cost of engineering, site preparation, base and pavement mat. The portion of such cost to be paid by the City shall be as follows: WIDTH OF PAVEMENT IN FEET 60 to but not including 65 65 to but not including 70 70 to but not including 75 75 to but not including 80 80 PERCENTAGE OF COST TO BE BORNE BY THE CITY 16.67% 23 % 28.5 % 33.33% 37.5 % For streets having a width of greater than 80 feet, the per cent the City will participate shall be determined by the City Council upon the recommendation of the City Manager. The participation of the City shall be limited to the street surfacing costs and the City shall not participate in the cost of curb, gutter, sidewalk or other similar improvements. (2) Arterial and Collector Streets with Unrestricted Access. In the case of arterial and collector streets with unrestricted access from the street to the building sites the City will likewise pay a portion of the cost of paving such street as in the manner provided in Section 15-70 of the Code of Ordinances of the City of Fort Collins, 1958, as amended. (g) Utility Plat A reement. At the time the plans, profiles and specifications required in subsection d above are approved the subdivider shall enter into an agreement providing for the installation of all improvements in the subdivision required by this ordinance. Such agreement shall establish and set forth the amount the City is to ,participate in the cost of construction of any collector or arterial street. No final subdivision plat shall be finally approved by the City or recorded until such agreement has been entered into. Such agreement shall further provide that the subdivider will fully account to the City for all costs incurred in the construction of any street in which the City is participating and the books and records of the subdivider relating to such street shall be open to the City at all reasonable times for the purpose of auditing or verifying such costs." Introduced, considered favorably on first reading, and ordered published this , day of 1969., 1969, and to be presented for final passage on the /J, day of 6'= Z¢ a'v� Mayor ATTEST: CITY CLERK Passed and adopted on final reading this I day of %t .• A.D., 1969. ATTEST: City Clerk" -2- TEES AOdTZ1riQ made and entered into this 6thday, of - AnFlust A. D. 1.9 69 , by and be; tureen THE CITY OF FO:'T COLLINS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, UT'TidESSETH: VU RFAS, second party has heretofore sub::Litted a subdivision plat of the su.bclivision to be kno..n as Lexin tan Green Third Filing For approve.- by the YwtL ipai Plann_in, and Zonin,,Board and the City Council of the City of Fort Collins, and WHEREAS, said s¢bd-i_vision plat is acceptable to first party and first p-.rty Ts Planning End 7oninZ Board, subJect to ConstruotloP_ of e' utilities in the area to be subdivided, NaN THERBF'M, in consideration of the prerises and the ter:,„ of this aSrwoncnt, it is mu'tUally agreed as follo'a:: 1. First pa.rtr aSrecs that 5':1d :L'bd:.V_.., '_Dn :,?]at Sit 1.1 ba 3 and the sate 7.s hC',�`.i,y approved, : oved, _ - 2,....In. Corsideraticn of the gin,_'^.21. of se.i.d Plat by first party, and first pnrtyTs P-Iannl_nc' and 7,nnlna Poard, second party 2.g''ues as follows: (A) To subrr=t to ff rat party the follo;rng detailed improvcNent plans, acceptThie to the first party (I) A plan of the proposed later distribution syste-, 1nClUdln3 the CGrn.o i.^,tlno iJ'''Dwain _ e. .. �0 the points of CGL111eCtion t0 the 1 first � pa_ i.,f e;•;i;MS later distribution cyst.., �..__ s;,o;..-'�n� all valrcs and fire hydrants, (2) Plans wl profiles of the pr ?o-e . _anitn y sear=- systc7 including Ell nar!Djes an, cor_le Ctio._., to t_ o first party's rxi_st1n„ .,,_lit? sy s"e ., it' C1.1!. �7L„ co: _. ; U.._,. to the us party' ; c- - elc Ur- c .1 distribubinu syK27 and inDirsing Eli s r li _ p, and inclu.dinL, all storm seiner inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the party of the second part, excepting only rtem (3) ele.ctrical d-i.stributi_on system. All. material required for street lights are to be paid for by. the party of the second part to the Light & Pourer Department of the City. In the event the City of Fort Collins shall require larger water Pnins, san.ta�ry sower mains or storm sower mains to be constructed within the subdivision th_�n 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 will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility a.cianily constructed and the est;.p:ated cost of such facility as sho:;n on the sabdi.viderrs approved plan, Such proration of costs bet;-;een the City of i''o L Co1aj ns on, the subdlvi er shall be deterii.incd in advance this of COnS tI'U.Ct1 on by ChE: City Y�.::r��l.'.-:).^.T' an:'t in t�"! 2v iin'i. of any d]. E�� �_�-Jllt: o matter' shall be onnVinal to the Cily Council for final "tcl'bd ats_ono IN WITW>> GV: F. first pnrty has caused these presents to be sQynd by its r-.yor on! its corporate coal to be he ato MANA Mcsc to by its City Cl-;AO pursuant to motion of the Council of the City o.' -- - Fors Collins anted tYie 3rd day . o � April A. D., 19_.69•, and second pr ty hos hot oto set ',1_ : hand end seal the OW and yelr first horeinaUav�: THE CITY C7 FO?'i COLUES. A Aiuni.c pal Corpoz_ti.on tlayOr First Party A'PiIM ,����� - f- City -- }--- a.... OnLCrOG into Lay- L. D. 19 I / , by a.__ be:;;:;;Ge:: ,Z C. and J. lat -f = - the s" " -°= ° ° Lexington Green 4th Subdivision --,Drova - ic_Pc 7 Zo �Card d _ __ w.... .. s -_.Nu.inZ e.nd u✓:._.." �DN.'; ..., sVzjCcv LO o in ...-e a. ems: .,o be vM✓wu�.rid:;' in canvideration of the promises and the terms of ,,.-_✓ agrocminty it is .,. ✓wary geed as follows: c.._.. consideration of the approval of said p first �- _ _ly, first party.'✓ Planning, and Zoning 3 Gar.;, second party agr{;,.CJ as 1 n _ `,t V ui.ty":iV VG �y_:i l/ J0.: Uf Li a �ViSwing detailed • r0�c...d..✓ J1w- aCcc, td.✓�.:.c; tG the first party: •_ \+/ elan of I:'ato G1S trioL'ti0n sys tcG: _...,_NG!nE O.a c✓n n -lives to L: - .^.0 t- pipelines :�; points G: connection to the Orst part!"s a;`St_ ..liter distribution syste and s..o:ring all va"lyes fire hydra..-'S. 1Plans ' `?/ and profiles G: i1C:S of one proposed Sahli tc� f SGhe. SyLto-, _nciwc.ing ail .,. _Toles and connections to the first party's . L plan of t'he proposed electrical ybi_tt G'..5r �t-f,o : Sys w t&�. co:.nooting lines ..o the ilrb rty`s existing electrical _st__ontior, s;'ztbzl and including all street • -.� flans and _ rG_ j es Gi al street i'� rGVc,^„Gas, (5) Plans and profiico G. the 7ropo zed ✓t , . street C;r2'_"' „e Gfste ✓::o;r_r..,r the connections to the first party's stoma ingi.wo- moan .._.,Z__u iG; 1h, _"Ita_!"Uoo of such outfall line 02on rcc; _..,,_..w_ by 210 Y"my ....._ t0 S:on any petition and : urzor . any other act CC_s�G=y t0 :or.-. suzC-' G:Sl..:C::. Portz of Zhe socand part, excC2zinz only lZom C31 electrical UsIvIbInion sysZom. M_ ...._;; rial roquIrK few n,._ az liShw 4_c no ba pail for :;y zw party of LAW swcond Dart no the WjhZ 4 powar ✓'. rzmanz of the My. _.. the cvc.:t t::c City of :Gil Collins si:a._ rcc,c ra :LrICZ ..411_ the subd_viLion than would ED ":CC, fired by ota..Kri co :Geri . _a_.jccL no serve the sultivision, in order to , ropar:y oxwnd these services to o zKe: ..i CCs, he City of Fort Collins will pay a yorlion of the cost G_' such Cnl & ia..i__.y based or )-voraz_Oa of ..:.0 Cost of the facility actually .Co.noz_.:Ctod ant the Cstimatcd Cost Of such facility as show. on ,..:C za5- \._.1..s_ is > i_ovcd Plan. Such proration of costs bczwc Cn the City of Fort Collins and Qc .,0._i.iGC_ shall be determined in advance of construction by the City Q'incor and in ohs event of any ofs?un: this matte: shall of sl:J2itted. no Zho My Council for final ._.,tcrMinatio n. has C2USCd these presents to be MY& by its Mayor ant ins cor>razo sea! t0 JC hereto affixed azzest t0 by its City Clerk, pursuant t0 motion of the Council Oi the City of Fort Collins lazed the �� pay GI r..✓,-� A. ., a..G SCCO:.:. ']arty has hereto set ..is ..aIld 2i:G'. SC2i the Gay ..:a - yCL_ Lrst nC_Ci:\a00\'C 1Cii „te:.. . By i yD1 First Party ,u, /C -/ /1♦.._ma- y CIl:�.\/f � LJ�LV .i li l'.17.:a fatty l- C.', =MFLUTDUP•I OF AGREE101T ll- idT_S AGREE ILNT, made and entered into this /; day of `�� A. D. 19 73 , by and bewtireen THE CITY OF FORT COLLL^IS, a' municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, WITNESSETH: uHERE-.S, second party has heretofore submitted a subdivision plat of the subdivision to be knmm as L,exington Green Sub. Sth Filing For approval by the Nunicipal Planning and Zoning,Board and the City Council_ of the City of Fort Collins, and WHMHF .S, said subdivision plat is acceptable to first party and first party'ls Planning and Zoning Board, subject to construction of utilities in the: area to be subdivided, NG;?, 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..-L-i consideration of the approval of said plat by first party, and firs', party Ts 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) A plan of the proposed -titer distribution systc,-, including the connectin-1 pipelines to the points of connection_ to the first party's existing hater distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary serer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyls existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (5) Plans and profiles of the proposed street drainage system shorting the connections to the first party's storm sewer system and including all storm sewer inlets and manholes. If a storm sewer outfall 1inot ava_iabLe, second narty agrees to join into a special improve- ment district for the installation of such outfall line upon request therefor by first party and to sign any petition and perform any other act necessary to form such district. (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 4 Power Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary 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 will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and t:he estimated cost of such facility as shown on the sub - divider's approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affixed attest to by its City Clerk, pursuant to motion of the Council of the City of Fort dins datod tho / Jtday of (14 1� L f% A.U., 19 % and second party has hereto set his hand and seal the day and year first hereinabove written. .ATTEST: City Clerk THE CITY OF FORT COLLINS A Municipal Corporation BY MAyor First Party APPROVED: l-Z�t i �Tl (SEAL) Seco d Party —""� LETTER OF AGREEMENT Concerning: Installation of an eight (8) foot concrete pathway between Lots 14 and 15 in the Lexington Green Subdivision, Fifth Filing. The approved plat of Lexington Green Subdivision, Fifth Filing requires an eight (8) foot concrete pathway to be installed on a 14 foot wide public access easement located on Lots #14 and #15. The purpose of this easement is to provide direct pedestrian and bicycle access from the Lexington Green - Village West Subdivision area to the Spring Creek Recreational Trail. Since the pathway described above will not fulfill its purpose until the Spring Creek Recreational Trail is built, and since the adjacent property owners would consider a non-functional or "dead-end" pathway to be a nuisance, it seems reasonable that the pathway not be installed until after the Spring Creek Recreational Trail is built through the area. Normally, all public improvements required in a subdivision must be installed by the developer prior to completion of construction activity. The purpose of this letter of agreement, however, is to provide for installation of the above described pathway at a later date after the Spring Creek Recreational Trail is built contiguous to the area. The agreed upon procedure will be as follows: 1. Bartran Homes, Inc., the developer of Lexington Green Subdivision, Fifth Filing, hereby agrees to provide the City of Fort Collins with the sum of $1500.00 in lieu of actual installation of the pathway. Bartran Homes, Inc. is thereby relieved of any further responsibility for the pathway. 2. The City of Fort Collins hereby agrees to accept responsibility for installation of the pathway at such time as it will connect with the Spring Creek Recreational Trail or with developed open space in conjunction with the trail area. 3. The property owners of the lots upon which the easement is located hereby agree that the pathway shall be installed unless the easement is vacated by the Fort Collins City Council. Page 2 Letter of Agreement A. The property owners upon whose lots the easement is located shall be allowed full privileges and rights of their res- pective properties including construction of yard fences on property lines, and landscaping and maintenance of the ease- ment until such time as the City of Fort Collins installs the pathway as detailed in this agreement. At that time, the property owners would agree to relocation of these improvements at their own expense concurrent with the pathway construction. Mr. & Mrs. S. B Bagley Date 2512 Newport Drive Fort Collins, Colorado 80521 Mr. 1. & Mrs,/R. T. Graham Date 2518 Newport Drive Fort Collins, Colorado 80521 William D. Bartran Date Bartran Homes, Inc. Fort Collins, Colorado 80521 9- Robert L. Brunton Date City Manager City of Fort Collins and including all storm sewer inlets and manholes. (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 Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary 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 will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdividerls approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WITNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto afftUd attest to by its City Clerk, pursuant to motion of the Council of the City of --- --- Fort Collins dated the 7th day of AnriI A. D., 19 66 , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City Clerk APP D: THE CITY OF FORT COLLINS. A Municipal Corporation 13y�-' 4 ay r it t rty BAJADA INC. �.�(SEAL) econd Party 140V 13 1978 BAJADA INC., VS. IN THE DISTRICT COURT IN AND FOR THE COMY OF LARIMER, STATE OF COLORADO Civil Action No. 18166 ) Plaintiff, CITY OF FORT COLLINS, and ) S T I P U L A T I O N THE FIRST CONGREGATIONAL- ) UNITARIAN CHURCH OF FORT COLLINS, ) Defendants. ) (1) That Ordinance No. 23 of 1969 of defendant City shall be applicable to the cost of paving Drake Road and South Taft Hill Road, when and if so improved by the City, unless a percentage more favorable to Bajada Inc. is in effect at the time such improvement. is effected, and since the City limits are now in the center of these streets, in applying such ordinance the entire area M, whether within or without the City shall be considered as the width of the pavement in determining percentage of cost to be borne by the City; (2) That the obligations of Plaintiff under agreements with defendant City concerning Lexington Green First, second and third filings, are modified to the extent necessary to make the foregoing paragraph controlling wherever and if in conflict therewith; (3) That Bajada Inc. is not required to improve that portion of Drake Road fronting on the property owned of record by Defendant The First Congregational -Unitarian Church of Fort Collins, under the prior agreement with the Defendant City, or said Ordinance No. 23; (4) That Plaintiff will, under applicable ordinances, when re- quired so to do, improve at its proportionate expense not exceeding that required by existing ordinances, the portion of Drake Road and South Taft Hill road fronting on the property now owned of record by The Colorado District of the Lutheran Church -Missouri Synod; (5) That this action be forthwith dismissed without prejudice, at Plaintiff's costs as to Defendant Church, with Defendant City and Plaintiff to pay own costs. Hill and Hill Alden T. Hill Attorneys for Plaintiff, 160 West Mountain Ave., P.O. Box 421, Fort Collins,Colo. Telephone: 482-3683 Marc�7:/ and/S van /Artr Attorneys f r Defendant City of Fort Collins Poudre Valley Bank Bldg. Fort Collins, Colo. Telephone: 482-4322 L.(� Recorded at.... ...:...L-�..o'clock.....A..-M..------.-...---.._:.:------=•--..... a��Y...... 8 1 ,, .5, ReceptionNo ........ ..... -•................. .--------......--- ...... IIDRAKE, COMPANY I II whoseaddressis Fort Collins, County of Larimer and State of Colorado for the consideration of One dollar and other valuable considerations DdhDsin hand paid, hereby sell(s) and quit claim(s) to CITY OF FORT COLLINS whoseaddressis Fort Collins, County of Larimer and State of Colorado the following real property, in the County of Larimer , and State of Colorado, to -wit: A right-of-way for streets over the following described property: The West 50 feet, the South 50 feet, and the East 50 feet of the South half of the South half of Section 22, Township 7 North, Range 69 West of the 6th P.M., of which 30 feet is already in public roads, such 50 feet to be measured at right angles to the section line in each case; excepting a parcel beginning on the section line at a point which bears North 00a23' West 1244.72 feet from the Southeast corner of said Section 22; thence South 89' 37' W. 50 feet; thence South 00a23' East 197 feet; thence North 89' 37' East 50 feet to Section line; thence North along Section line 00a23' West 197 feet to point of beginning; (In the exception the East line of the SE'k of said Section 22 is considered as bearing North 00*23' West); with all its appurtenances • this 30th day of September,19 65 ohn M. Shields STATE OF COLORaDO County of LARIMER DRAKE__COMPANY,_• a. -_Partnership - L� Da rel'T- /bLake—.. or...Z : aCori e s ------•--- waGeneraf Partners. The foregoing instrument was acknowledged before me this 30th John M. Shields dayof September 1965 by Darrel T. Blake and/Howadrd E. Jones, as General Partners of Drake Company, a Partnership. My copimissigp expires August 5, 1967 �Vltness mq hand and official seal T` . — Notary Public...... L'. n' atatutorj At knam Wolnenl.—If by natural person or persons here insert name or names; If by person acting In representative or officialeanacity or as attorney--In-fact, then insert name of person as executor, attorney -in -fact or other capacity or descrlp- tfon; if by officer of corporation, then Insert namo of such officer or officers, as the president or other officers of such cor- poration, naming IL II No. 898. 4UIr CLAIM DEED —Short form —See. 119-1-13 as amended 19rl. II —ar dford-Robinson Printiog Company. 1824-46 Stoet Street, Denver, Colorado &j0/4P000' and RAJADA, INC, the grantors for and in consideration of the sum of 110,00 and other good and valuable considerations to us in hand paid, the receipt whereof is hereby oonfessod and acknowledged, have granted, bargained, sold and conveyed and by these presents do hsrelp grant, bargain, sell, convey and confirm unto 'M ClTT OF PORT OOLLINB, COLOMM9 a snnioipal corporation, the grantee, its successors and assigns forever, the follwirig right and interest in real property situate in the County of lariasr, State of Colorado, owned by graitorc, to -Witt Bach and every right or tights of scoses of the grantor% to and Mom wu part of Drake Road, Shields Street and Taft ilil2r` Road and from and to any part of the real property of grantors abuttirW; upon said streets along or aorose the access line or lime described as folIown t Booming at,a point which is North 00.21' %fast 50 foot from the SS corner of Section 229 Tbwm hip 7 North, Bands 69 Vest of the 6th P.N., thence West parallel with the South lino of said Section to a point 300 feet &at of the West line of said Section, and beginning at a point which is 50 feet Best of the St corner of said Section 22, and running then. North 00.21, Vent parallel to the Vast line of said Section 1, 274.71 feet 10(CM T beginning at a point South 00.21, Past 80•57 feet from the South end of said soon" line, thence South 00.21' C. 197 feet, and beginning at a point But 50 feet and North 00. , Vbet 710 fast from the SW ca er of said Seoti,on 22, thenwu North 00.29' West parallel with the West line of amid iaetion 624.65 feat. Ibcc:eptin,g, however, from this giant the right of the grantors to have the following point or points of access at the locations set forth hereinafter to be limited, however, in use by the grantors to the width and purpose herainaflee designatodt a) All intersecting streets or rights of toy as prow ounly dedicated, or as dedicated in the future, and focally accepted by the Port Collins City Council for public use. b)It me dedicated or undedicated acosse points within the Montage beginning at a point West 50 feet and North 00.21.1 West 50 feet from the M- eornsr ef- awtivs-V2y - - - Township 7 North, hands 69 West, theme running North 00.21.' West 382.01 feat= also, feu• siailar acoses points in the Montage running West 930.00 feet from said point of beginning, 0) Two dedicated or undedicated aooess points an frontage 50 feet North of, as well as parallel to, the South lira of Section 22, Tovrship 7 North, Nang 69 Westk said frontage being 450 feet Nast and 45D feet West from the center line of said Section 22. This deod and the rirjito and in.c•resta herein conveyod uhall be and conotitutf� a perpetual burden upon the real prnperty of grantors udjuining the heroinahove doncribed accocn lino ncroc,:: which arcuou will be donied a:: herein Bet forth and shall be binding upon ttM grantors, their oucconsorc and assigns with respect to said adjoining real proporty. Arid, t1n grantors for thenoolvou and their cuccennorc and waigno do covenant, grant, bargain and agree to and with the grantee, its successors and anoigrru the ahovo bargained acceso rights and interests in the quiet and peaceful pococooien of tho grantee and its auceccoorc and assigns agminrt all and every person or pernonn lawfully claiminc�� or to claim the whole or any part thoreof by, through or under the gantora, to wnrrlu:t and forever defend. Signed, coaled and doliverod thin 1-L day of /) 14, r,. J! , A.D., 19i,'7. Jay: Partn,rir�� Pre ic9er/f, STATE OF COL 1" us. S%Omr' J.` : Ai1ITD7i The Drake Cosa%rty, a ro-partnership i Partner Njada, Jnr, - /... ,iarrl tIIry S %0 for,_,oicrr in: tr"nt was acinrowlodgud bofiro ©e this Tth day of �.� __-.... • /..'.� 1`-wi, by rarral T. Make, Pa7?rsl', .__:.....� Howrd L James.) ;+f __ tom_. '�oa: trer-i1.lt • c: : o: fiowar,j Ej. Jorrosy Pr -evident and. —dsn.I c , WkXr. �trry, Bajnda, Inc., a Color+do rj-poration, (fir rwu ii::ion expires: No waif_ >' - ftdtary Public MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this loth day of March A. D. 19 67 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Bajada, Inc. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be knoi�m as Lexington Green, First Filing 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 party's Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOW, 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, and first party's 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) A plan of the proposed water distribution system including the connecting pipelines to the points of connection to the first party's existing water distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first party's existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyls existing electrical distribution 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. (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 Department of the City. In the event the City of Fort Collins shall require larger water mains, sanitary 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 will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed and the estimated cost of such facility as shown on the subdividerls approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this matter shall be submitted to the City Council for final determination. IN WETNESS WHEREOF, first party has caused these presents to be signed by its Mayor and its corporate seal to be hereto affiUd .attest to by its City Clerk, pursuant to motion of the Council of the City of ---- Fort Collins dated the 7th day of April A. D., 19 66 , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: City, Clerk APPROVED: -F,�ity THE CITY OF FORT COLLINS. A Municipal Corporation BY1,lrl_�C, /"1 yob' it Pa ty Pajada, Inc. 11 -, -, C r j'/. (SEAL) econd arty h3 40 AtdDU i OF ACRDEIH?%IT THIS ACPBEiLIIT; made and entered into this 12th day of August A. D. 19 69 , by and be*.,.*tireen TIIB CITY OF FORT COILLdS, a mur_icipal corporation, hereinafter designated as first party, and Eeroinc.-rtcr dcsigr.=.tcd as second party, WI'1PPLSSF'P Uils"'.L5"S, second party has heretofore submitted a subdivision plat of th-, LabOvision to be knoinn 2,S For o proval by the Iiuni.cipol Planning and Zoning Board and the City Corncil of tho City of Fort Collins, and -NE D_S, said subdivision plat is acceptable to first party and first par.tyls Planning and Zoning Board, subject to construction of ut.ilitics in t._e area to be subdivided, VTOJ, :CIIL Ei in consideration of the premises and the terms of this rgr .Vito it is mutually agreed as follows: to rlrst party agrees thatsaid subdivision plat shall be, 1. and t'__e same is hereby approved, as follows 2_, In of the ehproval of spi.d plat by first first partys Planning and Zoning Board, second party agrees To su'a- it to first party the following detailed ir_Iv_ ovam^.r_' lain-, c cc stable to the first party: (1) A pl_n of the proposed vatcr distribution system inaludirS khq ccnniatin4 plpel_inns to the points of connection to the first p:1T'i'."S:S vateP distribution system and shooing all valves and fire h;ydL= '_. , (2) Plans and profiles of tie proposedl sc,n tr;r f se:'rer y " u 1 me ..toles and connections to the first party Is s stem inalnd.__ al cz stirg ._anitcry SOWDV sy (3) A lann of the proposed RectricA distvi'.;ution system inclu;ling co n.-:cti1_ lia_-s to the first party is existing electrical distribnticy, cyctcn and inclueina all street lights. (h) Piano LH profiles of all street irorov_aionts. (5) Plans ._._s profiles of tha proposed street drainage 7 o VrV lv ty is_ o 1�1 and WOWS all storm sever inlets and manholese (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 Department of the City. In the event the City of Fort Collins shall require larger grater mains, sanitary scr:-cr ,rains or storm sever 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 bollins will pay a portion of the cost of such enlarged facility based on proration of the cost of the facility actually constructed anA the estimated cost of such facility as shown on the oubdivider}s approved plan. Such proration of costs between the City of Fort Collins and the subdivider shall be determined in advance of construction by the City Engineer and in the event of any dispute this maittcr shall be submitted to the City Council for final determination. IN WITi;PSS 1'MEREOF3 first party has caused these presents to be signed by its Nayor and its corporate sdal to be hereto n.fiY,3 attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the ls, (Jay of Fc' al the da A. D., 19_��, and second party has hereto set his hand anc:.,ew. y and year first hereinabove written. ATTEST: THE CITY OF FORT COIL 1-S. A hunicipa.l Corporation vlcyor [/ First Party _ / na I p