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HomeMy WebLinkAboutHUNTINGTON HILLS PUD - Filed OA-OTHER AGREEMENTS - 2004-08-11March 31, 1980 Larimer County Plannim Denartrient Tarimer County Conmissioners P. O. Box 1190 Fort Collins, CO 80522 Gentlemen: we, the owners of the property which lies south of Huntington Mews Subdivision First Filing, have looked at the drainage plans and do hereby, give our consent to allow the water to nm off onto our land at the 2-year historical rate. l9e do understand that the outlet rate from the detention pond during a 100-year frequency storm, under developed conditions will not exceed the outlet rate from. a 2-year historical storm. Tarry U 2948 T an dotte Drive Fort Collins, CO 80526 W/dre �::: k:_' 82 15 0 P 1 009 443764 1982J0 13 AMH:36 COUNTY OF LARIMER STATE OF COLORADO RESOLUTION 81-166 OF THE COUNCIL OF THE CITY OF FORT COLLINS CHANGING THE NAME OF HUNTINGTON MEWS PHASE I IN THE CITY OF FORT COLLINS TO HUNTINGTON HILLS PUD, FILING I BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the name of that certain Planned Unit Development known as Huntington Mews Phase I located in the City of Fort Collins be, and the same hereby is, changed to Huntington Hills PUD, Filing I. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of December, 1981. / A,, Ma or ATzBr• r AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT, made and entered into this 4th day of February, I982, by and between FOSSIL CREEK MEADOWS DEVELOPMENT GROUP, a Colorado ;eneral partnership, hereinafter designated as "Seller", and THE CITY OF FORT COLLMS, COLORA00, a municipal corporation, hereinafter designated as "Purchaser". WITNESSETH: 1. Seller agrees to sell to Purchaser and Purchaser agrees to pur- chase that certain real property situate in the County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, together with all improvements and appurtenances but subject to reservations or restrictions of record, easements and rights -of -way of record or in place and restrictive cove- nants, and also including the conveyance by the Seller to the Purchaser of all appurtenant water storage and/or irrigation rights presently owned by the Seller in that certain reservoir known as the "Portner Reservoir" in Larimer County, Colorado, and 3.75 shares of stock in the Louden Irri- gating Canal and Reservoir Company and 3.75 shares in the North Louden Ditch and Reservoir Company. 2. Seller agrees to convey that property as described on Exhibit "A" to the Purchaser at the time of closing by good and sufficient warranty deed, conveying fee simple title, free and clear of all liens and encum- brances, provided, however, that the conveyance from the Seller to the Purchaser to the aforesaid water storage rights in the Portner Reservoir shall be made by quit claim deed, and without warranty. Seller agrees to furnish to Purchaser on or before February 3, 1982, at Seller's expense, a commitment For a title insurance policy in the amount equal to the purchase price, showing merchantable title, and after closing, furnish the title policy. Such commitment and the title policy when issued will except any insurance with regard to water rights. 3. As the full purchase price therefor, Purchaser agrees to pay to Seller the purchase price of $926,000, $706,450 of which will be paid in cash or certified funds at the time of closing with the remaining balance of $219,550 to be paid to the Seller by the Purchaser's delivery to the Seller, at the time of closing, sufficient City of Fort Collins' water certificates, which certificates shall be valued at $1,700 per acre-foot, to total the said sum of $219,550. 4. It.is understood and agreed that a certain portion of the property to be conveyed by the Seller to the: Purchaser is being donated to the Purchaser by said Seller and that the aforesaid donated property, more particularly described below, has been valued by the Seller as follows: 48.2 acres of land, including Portner Reservoir, and appurtenant water rights $500,000 5. Closing of the within transaction shall be held on or before the 5th day of February, 1982, at such hour and place as shall be agreed upon by the parties hereto. At the time of closing, all taxes and assess- ments against the property for previous years, and rents, accrued interest, utilities and insurance shall be paid; and in addition, fazes and assess- ments for the current year up to date of closing shall be adjusted between Purchaser and Seller. 6. Possession of the premises shall be given to Purchaser at the time of closing. 7. Any notices required or desired to be given under this Agreement shall be deemed delivered if given personally to the party, or if mailed to the party at the following address: Seller: Fossil Creek Meadows Development Group 7625 West 5th Avenue, Suite 200E Lakewood, Colorado 80226 With a copy to: Brian D. Fitzgerald McMartin, Burke, Loser & Fitzgerald, P.C. 600 First Interstate Center 3333 South Bannock Street Englewood, CO 80110 Purchaser: City of Fort Collins, Colorado P. 0. Box 580 Fort Collins, Colorado 80522 8. Time is of the essence hereof, and if any payment or other condi- tion hereof' is not made, tendered or performed by either Seller or Pur- chaser as herein provided, then this contract shall be null and void and of no effect, and both parties hereto may be released from all obligations hereunder. In the event of such default by Purchaser, and Seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the Seller. In the event of such default by the Seller, and Purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the Purchas- er. In the event, however, the non -defaulting party elects to treat this contract as being in full force and effect, then nothing shall be construed to prevent its specific performance. The non -defaulting party shall be entitled to reasonable attorneys' fees and expenses incurred by said party in any effort to collect the money due or enforce said party's rights under this contract. ' 9. It is understood and agreed that the Seller will be granted maximum points for each phase of the Huntington Hills project on the City of Fort Collins Land Development Guidance System density chart for the following criteria: -2- A - 3,500 feet of an existing or reserved neighborhood park; 3 - 4,000 feet of an existing or reserved community park; C - 3,000 feet of a major employment center (Kelmar Strip). 10. It. is further agreed that any and all park land maintenance costs will be the responsibility of the Purchaser and any costs associated dith improvements desired to be made by the Purchaser to the dam of the Portner Reservoir will also be the responsibility of the Purchaser. All inlets, outlets, gates, sluices, and other items of equipment or fixtures per- taining to the dam and other works of the Portner Reservoir and its opera- tion are conveyed by the Seller to the Purchaser as is, where is, without warranty of workmanship, materials, usability, fitness or other.gise. 11. The Purchaser will be responsible for its proportionate share of design and installation costs of the domestic water and sanitary sewer mains and gas and electric transmission lines serving the herein described property. At the time of development of said property, the Purchaser, subject to the following condition, will reimburse to Seller, upon presen- tation of invoice, or pay that portion of the costs of such utilities which is attributable to Purchaser's projected usage of such utilities for service to said property. Should Purchaser develop said property prior to development by Seller of that portion of Huntington Hills also served by such mains and transmission lines, Purchaser shall coordinate installation of mains and transmission lines with Seller and Seller shall bear its proportionate share of the costs thereof. The aforesaid costs shall include all costs of engineering, design and construction. 12. The Purchaser shall be responsible for street improvement costs to Lemay Avenue, Fossil Creek Parkway, and that certain collector street along the western boundary of the property described on Exhibits "A" and "a", only to the extent that the aforesaid streets are adjacent to and abutting against that property as described on Exhibits "A" and "6". The aforesaid street improvements would be made at the time of development of those properties as described on Exhibits "A" and "6" or as necessitated by development of adjacent properties. 13. Recognizing that the budgetary ordinances of the City of Fort Collins do not enable the contracting for monetary obligations on the part of the City which have not been appropriated in the current budget, the parties confirm that a portion of the consideration for the sale of the property by•the Seller to the Purchaser is the Purchaser's acknowledgement that it has obligations for bearing its proportionate share of the costs of utilities and streets, serving the property all as described in Paragraphs 11 and 12 hereof. Accordingly, the City agrees that it will use its sincere best efforts, consistent with good municipal policy, to include such items in the budgets for the years in which such improvements become necessary or are desirable. Should the Purchaser fail to make appropria- -3- tion for all or any part of such items, the Seller shall have the right, after sixty days' notice to the City Manager, to install such ite,is and request reimbursement for Seller's share of all costs and expenses related thereto, or, in the alternative, offset the Purchaser's share of such - costs and expenses against any sums owed by Seller to the Purchaser for any purpose. 14. The Seller agrees to obtain all water and sewer utilities for the Huntington Hills Development from the Purchaser at such time as said services are reasonably available from the Purchaser to service said development. Special use district services may be used until such service is available from the Purchaser. 15. In consideration of the mutual promises of the parties hereto, it is understood and agreed that the 3.9 acres designated as a neighborhood park site on the southern portion of the Huntington Hills master plan need not be used for park purposes and may be incorporated into the developable land at such time as the Huntington Hills master plan is amended. 16. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns and shall not be construed to merge into the deeds executed at closing as it relates to continuing obligations. 17. The within contract shall not be assigned without the other party's prior written consent. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written. SELLER: FOSSIL CREEK MEADOWS DEVELOPMENT GROUP, a Colorado General Partnership By: FIRST �LESIERN RESOURCES, INC., artner By. William P. Dun Jr. ATTEST: - �/ - ec�Ary - M ATTEST: City Cferk APPRO Eq AS TO FORM: Assistant City City Attorney PURCHASER.: CITY OF FORT COLLINS, COLORADO, A Municipal Corporation Is -5- EXHIBIT A" F, "g" HUNTINGTON HUT PARKSITE 1 tract. oL 1_.1nd located in the northeast 1/4 Of Se -tion 12, Tc"'im;ni.` i ..r> ^., R,rge 69 West Of the 6th Principal i'erida-nI City of ?brt Cb1lL"15, Z:ir, par, State of Colorado. More particularly clescrih-_.d as follv+s: considering the east line of the northeast 1/4 of DeCtir-a 12 as tearil ' r b' 02' 04" W with all bearings contained herein relative thsato and caTsencir.'� at nerttheast corner of said Section 12, rronu^�anted by a Un- 4 rryar with ro tea; thence, along the east line of the NE 1/4, S 00' 02' 04" E 720.00 feet to the T2Le Point Of Beginning; _ thence N 59' 33' W. 200.00 feet thence N 86' 33' W. 250.00 feet thence N 51' 13' W. 550.00 feet thence N 24' 14' W. 100.00 feet thence N 51' 17' W. 70.00 feet thence S 73° 43' ia. 130.00 feet thence N 53" 13' W. 100.00 feet thence N 30' 12' E. 70.00 feet thence N 31' 05' W. 65.64 feet to a point on the north line of the northeast 1/4 of said Sectaon 12; thence, along the north line N 89' 12' 50" W, 480.00 feet, thence S 34' 13' E 150.00 feet, thence S 13' 47' W. 100.00 feet thence S 82' 02' W. 100.00 feet thence S 46' 29' 11" W. 530.27 feet thence S 80' 02' W. 150.00 feet thence N 260 48' W. 120.00 feet thence S 670 17' W. 250.00 feet to a point on the centerline of a proposed street. Said point is the Coint of curvature for a curve concave to the southwest whose radius is 610 feet, ca = ' angle of 33" 30' and a long chord v,i ch bears S 6" 17' 56" E_ 351.60 feet; t ance along said curve a distance of 356.66 feet; thence, leaving said =7e, S 730 47' 56" E. 300.00 feet _ thence S 330 30' 31" E. 297.64 feet thence S 03' 31' 45" E. 206.46 feet thence S 00' 59' 52" E. 105.51 feet thence S 1.90 37' 06" E. 133.27 feet thence S 2,9' 39' 02" E. 369.22 feet thence S 40' 42' 13" E. 160.34 feet thence S 770 37' 42" E. .162.28 feet thence S 340 36' 32",E. 182.22 feet thence S 87' 16' 53"'E. 206.36 feet thence N 79' 51' 150 E. 193.70 feet thence S 67' 51' 35" E. 183.20 feet thence S 84' 02' 39" E. 124.46 feet thence S 81° 32' 10" E_ 131.14 feet thence N -77' 33' 37" E. 153.22 feet thence N '75' 47' 01" E. 106.46 feet thence N 136' 47' 25" E_ 140.92 feet thence S 6..08' 19" E. 204.63 feet v a point of c u-vature concave southward whose radius is 339.89 feet, central angle of 9° 47' 08" and a long chord which gars S 77' 11' 38" E, 57.98 feet, thence along said curve a distance of 58.05 leet; thnce, leaving said curve, S 72' 18' 04" E., 99.97 feet to the east 1/4 corner of said Section 12, monuntanted by a No. 4 rebar with no cap, thence N 89' 57' 56" E. 30.00 feet thence N 23' 03' 56" E. 554.90 feet thence N 9' 31' 24" E. 216.64 feet thence N 26' 27' 04" W. 570.20 feet thence S 89` 57' 56" W. 30.00 feet thence N 00* 02' 04" W. 640.70 feet to the True Point of Beginning. Said tract contains 99.9084 acres, more or less.