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HomeMy WebLinkAboutPARKWOOD EAST AND PARKWOOD EAST SECOND REPLAT - Filed EV-EASEMENT VACATION - 2004-01-20!b_'1'iv n 55i;Ly44b C7�, J/65 IU:5b:07 PA.`o__i — ? J. LiI'V iG, RI;�.�h��:;K — t:Ils-;R C00�.'I'Y, _�). l>v:. FEE— 5.00 ORDINANCE NO. 59 , 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF AN EASEMENT LOCATED ON THE FIRST REPLAT OF LOTS 156, 157 and 158 OF PARKWOOD EAST AND OF TRACT "B" OF PARKWOOD EAST 2ND FILING WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate a portion of an easement located in the first replat of Lots 156, 157 and 158 of Parkwood East and Tract "B" of Parkwood East 2nd Filing set forth in more particular below; and WHEREAS, on May 2.3, 1983 the Planning and Zoning Board approved the Second Replat of Lots 156, 157 and 158 of Parkwood East and Tract "B" of Parkwood East Second Filing; and WHEREAS, the vacation is necessary to accommodate the revision of building envelopes; and WHEREAS, replacement easements have been provided in the Second Replat; and WHEREAS, all utilities have been contacted and indicate no problems with the request; 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 a portion of an easement located on the plat of the First Replat of Lots 156, 157 and 158 of Parkwood East and of Tract "B" of Parkwood East Second Filing, set out more particularly as follows, to wit: Begin at a point which bears N 00'35'40" E 175.00 feet, and again S 89024 20" E 171.26 feet from the Southwest corner of said Replat of Lots 156, 157 and 158 of Parkwood East and of Tract "B" of Parkwood Fast Second Filing, and run thence N 00'35 40" E 118.93 feet; thence N 61'57 E 11.39'feet., thence S 00'35 40" W 124.39 feet; thence N 89'24 20" W 10.00 feet to the point of beginning. be, and the same hereby are, vacated, abated and abolished. >6.00 CVUTQTT 11/01 1. Schedule of water lines to be installed out of sequence. Not applicable. 2. Schedule of sanitary sewer lines to be installed out of sequence. Not applicable. 3. Schedule of street improvements to be installed out of sequence. Not applicable. 4. Storm drainage improvements to be installed out of sequence. Not applicable. 585109 COUNTY 0; L:' RWEER 1984 SEP -7 Ell 12 20 S T I ORDINANCE NO. 96 , 1984 OF THE COUNCIL OF THE CITY7F FORT COLLINS VACATING A PORTION OF AN EASEMENT LOCATED IN THE REPLAT OF LOTS 156, 157 AND 158 OF PARKWOOD EAST AND OF TRACT B, PARKWOOD EAST SECOND FILING WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate a portion of an easement located in the replat of Lots 156, 157 and 158 of Parkwood East and of Tract "B" of Parkwood East Second Filing, set forth in more particular below; and WHEREAS, this vacation is necessary to accommodate the proposed revision of building envelopes A and B; and WHEREAS, there are no utilities presently located in the easement and provision for utilities has been made in the Second Replat; 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 that portion of an easement located in the Replat of Lots 156, 157 and 158 of Parkwood East and of Tract B, Parkwood East Second Filing set forth more particularly as follows, to wit: Begin at a point which bears N 00°35'40" E 175.00 feet, and again S 89°24'20" E 171.26 feet from the Southwest corner of said Replat of Lots 156, 157 and 158 of Parkwood East and of Tract "B" of Parkwood East Second Filing, and run thence N 00°35'40" E 118.93 feet; thence N 61°57'00" E 11.39 feet; thence S°00 35'40" W 124.39 feet; thence N 89°24'20" W 10.00 feet to the point of beginning. be, and the same hereby is, vacated, abated and abolished. Introduced, considered favorably on first reading, and ordered pub- lished this 7th day of August , A.D. 1984, and to be presented for final passage on the 2lstday of August , A.D. 1984. Mayor ATTEST: ty erc Passed and adopted on final reading this 21st day of August , A.D. 1984. ayor ATTEST: City Clerk -2- RCPTN # 86031160 06/13/86 15:12:20 # OF -IG,- - 1 FEE - 53.00 J. ULVANG, RECORDS 1RIMER COUNTY, CO. STr. C. FEE- $.00 ORDINANCE NO. 81, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING ALL EASEMENTS FOR PARKWOOD EAST SUBDIVISION, PARKWOOD EAST SECOND FILING, AND SECOND REPLAT OF PARKWOOD EAST SECOND FILING WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate all easements located in Parkwood East Subdivision, Parkwood East Second Filing, and Second Replat of Parkwood East Second Filing, set forth in more particular below; and WHEREAS, on March 24, 1986, the Planning and Zoning Board approved the plat of Parkwood East Patio Homes P.U.D. which plat replaces the easements to be vacated by this ordinance; and WHEREAS, all utility companies have been contacted and indicate no problems with the vacation; 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 the easements located in Parkwood East Subdivision, Parkwood East Second Filing, and Second Replat of Parkwood East Second Filing set out more particularly as follows, to wit: Parkwood East, Lots 156, 157, and 158 Parkwood East Second Filing, Tract B Second Replat of Parkwood East Second Filing, Tract B be, and the same hereby are, vacated, abated and abolished. Introduced, considered favorably on first reading and ordered published this 20th day of May, A.D. 1986, and to be presented for final passage on the 3rd day of June, A.D. 1986. ATTEST: LAW plkt�� City C Passed and adopted on final �IN IN . L . reading this 3rd ay o June, A.D. 1986. May �L Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 1985, and to be presented for final passage on the 4th day of June, A.D. 1985. ATTEST: pCity ClOric— Passed and adopted on final reading this 4th day of June, A.D. 1985. ATTEST: City Clerk �� SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into thisAoay of /(/jQy , A.D. 1981, by and between THE CITY OF FORT COLLINS, COLORADO, as Municipal Corporation, hereinafter referred to as "the City," and LAKE SHERWOOD VENTURE, a ,joint venture, hereinafter referred to as "the Developer," WTTNFCCFTW- WHEREAS, the Developer is the owner of certain property situate in the County of Larimer, State of Colorado, and legally described as follows, to -wit: Parkwood East Townhomes, a planned unit development, being a replat of Lots 156, 157, and 158 of Parkwood East and Tract "B" of Parkwood East 2nd Filing in the City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the Developer desires to develop said property as a residen- tial subdivision and has submitted to the City a subdivision plat (and a site plan if said property is to be developed as a Planned Unit Develop- ment), a copy of which is on file in the Office of the Director of Engi- neering Services and made a part hereof by reference; and WHEREAS, the 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 Director of Engineering Services and made a part hereof by reference; 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 has approved the subdivision plat (and site plan where applicable) submitted by the Developer subject to certain require- ments 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 acknowledged by the parties hereto, it is agreed as follows: 1. General Conditions. A. All water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks, and bikepaths shall be installed as shown on the approved utility plans and in full compliance with the standard C�-6eaj� aa*ed- specifications of the City on file in the Office of the Director of Engineering Services relating to the specific utility. B. No building permit for the construction of any structure within the subdivision shall be issued by the City until the water lines, fire hydrants, sanitary sewer and streets (with at least the base course completed) serving such struc- ture have been completed and accepted by the City. No build- ing permits shall be issued for any structure located in excess of six hundred sixty feet (660') from a single point of access. C. Any water lines, sanitary sewer lines, storm drainage lines, and/or streets described on Exhibit "A", attached hereto, -2- shall be installed within the time and/or sequence required on Exhibit "A". If the Director of Engineering Services deter- mines that any water lines, sanitary sewer lines, storm sewer facilities and/or streets shown on the utility plans are required to provide service or access to other areas of the City, those utilities shall be installed within the time determined by the Director as referred to under "Special Conditions" in this document. D. All electric lines and facilities shall be installed in accordance with the Electric Service Rules and Regulations, the Electric Construction Policies, Practices and Procedures, and specifications of the City of Fort Collins' electric utility, -provided- heweve4, .that the -developer shall not be J� _4.o nnn�---q-bjP—fGr sf said eaect ie--at-ilitp: E. Except as otherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other municipal facilities necessary to serve the lands within the subdivi- sion. F. Street improvements (except curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all indivi- dual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility draw- -3- ings shall be inspected by the Engineering Division of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans and/or specifications applicable to such installation. In case of conflict, the utility drawings shall supercede the standard specifications. H. The Developer shall provide the Director of Engineering Services with certified Record Utility Drawing Transparencies on Black Image Diazo Reverse Mylars upon completion of any phase of the construction. 2. Special Conditions. A. Water lines (oversizing, payback, etc.). Not applicable. B. Sanitary sewer (oversizing, payback, etc.). Not applicable. C. Storm drainage lines and appurtenances (detention pond con- struction, off -site mains, etc.). The Developer agrees to complete the storm water piping, swales, detention facilities and appurtenant structures prior to being issued more than 28 building permits and 14 Certi- ficates of Occupancy. The maintenance of all storm water facilities shall be the responsibility of the homeowner's association in perpetuity. D. Streets (oversizing, traffic lights, signs, etc.). Not applicable. M 3. Miscellaneous. A. The Developer agrees to provide and install, at his expense, adequate barricades, warning signs and similar safety devices at all construction sites within the public right-of-way and/or other areas as deemed necessary by the Director of Engineering Services in accordance with the City's "Work Area Traffic Control Handbook" and shall not remove said safety devices until the construction has been approved by the director. B. The Developer shall, at all times, keep the public right-of- way free from accumulation of waste material or rubbish caused by his operation. He shall remove such rubbish no less than weekly and, at the completion of his work, shall remove all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials from the public right-of-way caused by his operation. The Developer agrees to maintain the finished street surfaces free from dirt caused by his opera- tion. Any excessive accumulation or dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until corrected to the satisfaction of the Director of Engi- neering Services. In the event that the Developer fails to adequately clean the streets within two (2) days after written notice, the City may have the street cleaned and charge the Developer for said costs of cleaning. -5- C. The Developer hereby insures that his subcontractors shall cooperate with the City's construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspector's opinion, is hazardous to the public health and welfare. D. When the inspector determines that erosion (either by wind or water) is likely to be a problem, the surface area of erodable earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall be incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. E. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives, and assigns. F. Nothing herein contained shall be construed as a waiver of any requirements of the City Subdivision Ordinance or any other provision of the City Code, and the Developer agrees to comply with all requirements of the same. THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation ATTEST: By: . b rl( City manager e City ' APPROVED: GDir�et of F'u is orks r- ity Attorn"fey- LAKE R&b+n-sm, , ecrV�rY eAa -7-