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HomeMy WebLinkAboutSOUTHMOOR VILLAGE FIFTH REPLAT F G J - Filed OA-OTHER AGREEMENTS - 2003-12-12MI,1ORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this /:S " day of Y ,,,.,_.�. A. D. 19 7 ', by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision Tracts F, G, and J Southmoor plat of the subdivision to be known as Village, Fifth Filir For approval by the Municipal Planning .end 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) AL 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) Flans 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. (S) 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. If a storm sewer outfall line is not available, second party agrees to join into a special improvement district for the installation of such outfall line upon request therefore 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 E 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 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 Collins dated the day of � -.;,�. ,_ A.D. 19 / , and second party has hereto set his hand and seal the day and year first here:inabove written. ATTEST: C�cd City Clerk THE CITY OF FORT COLLINS A Municipal Corporation c g Y First Party Party i City Engineer EXHIBIT A _1_Jl: iL tractOf•` _ • ziluats in the x 1/4 of Section 2 and L..Z e Nowzhda5z 4! Suction1, a.% •:1W / -\J1•tZy .. , /i 61 .��'.� t J V- = .�..a , _,.a o \. 1 ..l Co:1o:;,c,rJ;y slr.; 1„or _-._ ..__. ag _ _o o; J J" J� J�.1 J ... L JJ.' L `�.:/ CL-. Of said I io ; y o - ._ �L Y �_ saidSaction 2 l.i hG: .riG L Pointj,Y.! i LGG:.C^- J ,J di z- .. JJ• J O- .r ...'_.. .: ..G a .., v,thence alcn6 call%t. .\u GL ., uraa h _ .. �.. v .. Gi ..._... thence J vl✓� 1 4 iQ� _ ad=L .. !':CC OV 50.00 fall; 1 1 s J G.Y Z ALLzance . 56.00 to .. _ - Of sloon 5, id o- s t M North L �h Jc. , .vo L .:.,G J, . ,/ :. LL_.= Gl `ram' _witi N \ ^� 3f lack J Vl .JL L" ... ,J { _ `O: 4 J 220.30 foot 10 It, Of QE.Wi fail; 1�wncn of 516,19 Act; of an Au Loutn V�nk of of ! foot; �'/• !� .� V%VL !Ina .. ... J._ .. ... i�r-1. ..i of u. o /4 2 Or an p"ward. 13Y-,.�VJ... EXHIBIT B SCHEDULE OF ENCUMBRANCES 1. Deed of trust for the use of Jake Smith and Lydia D. Smith securing the sum of $61,313.64, recorded in Book 1546 at Page 88. 2. Any rights of way for streets crossing said property dedicated of record. 3. Right of way for mill run of Fort Collins Water Power Company granted by deed recorded in Book K at Page 415. 4. All other easements or rights of way in place. 4. EXHIBIT C 2 1A y n t'n 6- IA n C; 3 G'� 2> bc, t, J. v�nce lfast VL n 0;1 00 C; of 1;:-, o-- C), cr ref' IG c 0 or to jcji ,z it L aj 01 n On r;a c <:. .Said T-ract co—ta-ins 3-911 Acres mo:e or leo.s. V,