Loading...
HomeMy WebLinkAboutNORTH LEMAY - Filed OA-OTHER AGREEMENTS - 2004-01-05MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS: The City of Fort Collins, Colorado, makes the following agreements and representations, and in reliance thereon, the under- signed developers and equitable owners of the S. J. Webster property situate in the South 1/2 of the Northeast 1/4, Section 12, Town- ship 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, shall proceed to have said property annexed, rezoned and subdivided consistent with the following requirements within the City of Fort Collins, Colorado, to -wit: 1. Subdivision. The preliminary plat of the North Lemay Subdivision has been presented to the Planning and Zoning Board and has been approved by that Board subject to certain condi- tions which shall be satisfied by the performance or occurrence of matters hereinafter recited. The final plat for Lot 1 of said subdivision has also been presented and approved by the Planning and Zoning Board and has been approved by that Board subject to certain conditions which shall be satisfied by the performance or occurrence of matters hereinafter recited. Both plats are ready to be presented to the City Council for approval after supporting data has been assembled and agreements with respect thereto executed; particularly, a utility plan prepared by the developers' engineer and approved by the City Engineer's office showing the details on subdivision utility improvements to be installed in connection with the development of the land in conformance with the following agreements. Approval is anticipated to rezone the property as "IL- Limited Industrial District." 2. Streets. The perimeter streets around said sub- division are presently in existence but have not been improved to City specifications. The utility plans will show the details on installing these streets to meet City specifications which would include the installation of asphalt pavement, curb, gutter, side- walk and street lighting. On Lemay Avenue and East Linden Street, the City of Fort Collins would require the developers to install the street improvements on their half of the street after the prop- erty adjoining the street has been finally platted and as the prop- erty is developed. The entirety of the street improvements need not be in place prior to the development on each lot, but street improvements shall be installed in an orderly manner and for such lot or lots as the parties may mutually agree during the course of development. Asphalt pavement requirements in excess of twenty -foot width to residential standards shall be paid for by the Citv. Lemay Court has not been established, but as lots adjacent thereto are developed, street improvements would be installed by the developers at their sole cost. East Lincoln Avenue is adjoined on the north side of present development by a natural slough. The parties are uncertain of the nature of street improvements which may finally be determined as appropriate for this location. Consequently, the developers may be issued building permits after final platting and may proceed to the development of this property without the installation of any street lighting, sidewalks, curbs, gutters or street improvements at this time. At such time as the City of Fort Collins shall make appropriate engineering studies and conclude a policy determination as to the manner of street improvement for East Lincoln Avenue, and undertake the installation of street improvements along East Lincoln Avenue, the developers of the property on behalf of themselves, the holders of legal title for said property, their personal repre- sentatives, successors and assigns, agree to pay that portion of the street improvements on their half of East Lincoln Avenue, which shall be equal to the sum of the cost of the following: street lighting, sidewalks, curbs, gutters, a twenty -foot width of asphalt paving meeting residential standards, and one --third of the cost of such remedial construction techniques as may be necessary to fill or cover said slough to accommodate the improved roadway, but not for extraordinary storm drainage purposes. The foregoing agreement of the developers with respect to their share of the street improvements shall be the personal covenants of the parties signatory hereto and shall constitute a covenant running with the land for the benefit of the City of Fort Collins, Colorado. -2- 3. Water Lines. The property shall be served by the City water utility by extending and installing a water main along East Linden Street to the northwest boundary of the property at the sole cost of the City done as a City system improvement. Further extension of the water main adjacent to and over the subject prop- erty shall be at the expense of the developers to the extent of the cost of installing the size main necessary to serve the developers' property, and any oversizing or other special specifications for the use or benefit of the City shall be paid by the City to the extent of the excess cost. 4. Sewer. A City sanitary sewer main now runs through the property and shall be utilized to provide sanitary sewer service from the City utility to the property. This line is available for use by this property to the extent that the improvements placed upon the property can be served by this line as determined by engineering feasibility. Utility plans required under the provisions of para- graph 1 hereof shall show the interior sewer lines to be installed upon the property during the course of its development, the cost for which would be the sole responsibility of the developers. 5. Electrical Services. The developers shall be required to receive electrical service from the City electric utility, and the utility plan required pursuant to paragraph 1 of this Agreement shall show the necessary electrical installations to be installed on the site in accordance with the requirements of the City Light and Power Department. 6. Landscaping. Notwithstanding the absence of any requirement under the limited industrial zoning district of the City of Fort Collins, the developers nevertheless agree that their subdivision plat shall reserve a landscaping zone twenty feet in width along Lemay Avenue from East Linden Street to East Lincoln Avenue. This zone shall adjoin that portion of the Lemay Avenue right-of-way. Both the landscaping zone and that portion of the Lemay Avenue right-of-way not covered with street improvements shall be used for landscaping purposes pursuant to landscaping recommenda- tions approved by the City Arborist. No improvements of a permanent nature shall be constructed within the landscaping zone except roadways or parkways for purposes of ingress or egress between the -3- platted lots and Lemay Avenue. Suitable protective covenants shall be adopted by the developers to require lot owners to install and maintain landscaping contained within the zone and right-of-way to which reference is hereinabove made. 7. Storm Drainage Requirements and Flood Plain Problems. The parties acknowledge that the property is located in the flood fringe of the Cache La Poudre River as determined by the Army Corps of Engineers. The City does not have any ordinance restricting or limiting building in the flood fringe, but it is contemplated that the City Council will adopt such an ordinance in the future. Until the final adoption of an ordinance, no limitation or requirement with respect to the location of the property will be required of the developers or owners so long as the other requirements of the City not herein excepted regarding the subdivision are met. Despite the absence of any express requirement regarding flood danger, the developers acknowledge that the property may be subject to flooding and any improvements constructed thereon will be constructed at the developers' or owners' risk and without the benefit of any flood insurance. If and when a flood plain ordinance is adopted by the City Council, the developers will be expected to comply with the requirements of said ordinance respecting any future development. No storm drainage study has been undertaken in connection with this property, and the engineers retained by the developers should investigate any storm drainage problems in connection with this property and provide in the utility plans adequate means of getting rid of any excess storm drainage waters. IN WITNESS WHEREOF, This Memorandum of Agreement has been executed this 6th day of June, 1974. Approved by developers and equitable owners of the subject property. CITY OF FORT COLLINS, COLORADO By: � 'i .��._ City Manager M MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS: The City of Fort Collins, Colorado, makes the following agreements and representations, and in reliance thereon, the under- signed developers and equitable owners of the S. J. Webster property situate in the South 1/2 of the Northeast 1/4, Section 12, Town- ship 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, shall proceed to have said property annexed, rezoned and subdivided consistent with the following requirements within the City of Fort Collins, Colorado, to -wit: 1. Subdivision. The preliminary plat of the North Lemay Subdivision has been presented to the Planning and Zoning Board and has been approved by that Board subject to certain condi- tions which shall be satisfied by the performance or occurrence of matters hereinafter recited. The final plat for Lot 1 of said subdivision has also been presented and approved by the Planning and Zoning Board and has been approved by that Board subject to certain conditions which shall be satisfied by the performance or occurrence of matters hereinafter recited. Both plats are ready to be presented to the City Council for approval after supporting data has been assembled and agreements with respect thereto executed; particularly, a utility plan prepared by the developers' engineer and approved by the City Engineer's office showing the details on subdivision utility improvements to be installed in connection with the development of the land in conformance with the following agreements. Approval is anticipated to rezone the property as "IL- Limited Industrial District." 2. Streets. The perimeter streets around said sub- division are presently in existence but have not been improved to City specifications. The utility plans will show the details on installing these streets to meet City specifications which would include the installation of asphalt pavement, curb, gutter, side- walk and street lighting. On Lemay Avenue and East Linden Street, the City of Fort Collins would require the developers to install the street improvements on their half of the street after the prop- erty adjoining the street has been finally platted and as the prop- erty is developed. The entirety of the street improvements need not be in place prior to the development on each lot, but street improvements shall be installed in an orderly manner and for such lot or lots as the parties may mutually agree during the course of development. Asphalt pavement requirements in excess of twenty -foot width to residential standards shall be paid for by the City. Lemay Court has not been established, but as lots adjacent thereto are developed, street improvements would be installed by the developers at their sole cost. East Lincoln Avenue is adjoined on the north side of present development by a natural slough. The parties are uncertain of the nature of street improvements which may finally be determined as appropriate for this location. Consequently, the developers may be issued building permits after final platting and may proceed to the development of this property without the installation of any street lighting, sidewalks, curbs, gutters or street improvements at this time. At such time as the City of Fort Collins shall make appropriate engineering studies and conclude a policy determination as to the manner of street improvement for East Lincoln Avenue, and undertake the installation of street improvements along East Lincoln Avenue, the developers of the property on behalf of themselves, the holders of legal title for said property, their personal repre- sentatives, successors and assigns, agree to pay that portion of the street improvements on their half of East Lincoln Avenue, which shall be equal to the sum of the cost of the following: street lighting, sidewalks, curbs, gutters, a twenty -foot width of asphalt paving meeting residential standards, and one-third of the cost of such remedial construction techniques as may be necessary to fill or cover said slough to accommodate the improved roadway, but not for extraordinary storm drainage purposes. The foregoing agreement of the developers with respect to their share of the street improvements shall be the personal covenants of the parties signatory hereto and shall constitute a covenant running with the land for the benefit of the City of Fort Collins, Colorado. dM 3. Water Lines. The property shall be served by the City water utility by extending and installing a water main along East Linden Street to the northwest boundary of the property at the sole cost of the City done as a City system improvement. Further extension of the water main adjacent to and over the subject prop- erty shall be at the expense of the developers to the extent of the cost of installing the size main necessary to serve the developers' property, and any oversizing or other special specifications for the use or benefit of the City shall be paid by the City to the extent of the excess cost. 4. Sewer. A City sanitary sewer main now runs through the property and shall be utilized to provide sanitary sewer service from the City utility to the property. This line is available for use by this property to the extent that the improvements placed upon the property can be served by this line as determined by engineering feasibility. Utility plans required under the provisions of para- graph 1 hereof shall show the interior sewer lines to be installed upon the property during the course of its development, the cost for which would be the sole responsibility of the developers. 5. Electrical Services. The developers shall be required to receive electrical service from the City electric utility, and the utility plan required pursuant to paragraph 1 of this Agreement shall show the necessary electrical installations to be installed on the site in accordance with the requirements of the City Light and Power Department. 6. Landscaping. Notwithstanding the absence of any requirement under the limited industrial zoning district of the City of Fort Collins, the developers nevertheless agree that their subdivision plat shall reserve a landscaping zone twenty feet in width along Lemay Avenue from East Linden Street to East Lincoln Avenue. This zone shall adjoin that portion of the Lemay Avenue right-of-way. Both the landscaping zone and that portion of the Lemay Avenue right-of-way not covered with street improvements shall be used for landscaping purposes pursuant to landscaping recommenda- tions approved by the City Arborist. No improvements of a permanent nature shall be constructed within the landscaping zone except roadways or parkways for purposes of ingress or egress between the -3- platted lots and Lemay Avenue. Suitable protective covenants shall be adopted by the developers to require lot owners to install and maintain landscaping contained within the zone and right-of-way to which reference is hereinabove made. 7. Storm Drainage Requirements and Flood Plain Problems. The parties acknowledge that the property is located in the flood fringe of the Cache La Poudre River as determined by the Army Corps of Engineers. The City does not have any ordinance restricting or limiting building in the flood fringe, but it is contemplated that the City Council will adopt such an ordinance in the future. Until the final adoption of an ordinance, no limitation or requirement with respect to the location of the property will be required of the developers or owners so long as the other requirements of the City not herein excepted regarding the subdivision are met. Despite the absence of any express requirement regarding flood danger, the developers acknowledge that the property may be subject to flooding and any improvements constructed thereon will be constructed at the developers' or owners' risk and without the benefit of any flood insurance. If and when a flood plain ordinance is adopted by the City Council, the developers will be expected to comply with the requirements of said ordinance respecting any future development. No storm drainage study has been undertaken in connection with this property, and the engineers retained by the developers should investigate any storm drainage problems in connection with this property and provide in the utility plans adequate means of getting rid of any excess storm drainage waters. IN WITNESS WHEREOF, This Memorandum of Agreement has been executed this 6th day of June, 1974. Approved by developers and equitable owners of the CITY OF FORT COLLINS, COLLINS, COLORADO By: Qi• City Manager -4-