HomeMy WebLinkAboutPARKSIDE - Filed OA-OTHER AGREEMENTS - 2004-08-30bou1255 :208
RESOLUTION
OF TUB COUNCIL OF TO CITY OF FORT COLLINS APFROVIR
THE TIRMS OF AN AGREEMENT FIRTAININC TO PARESIM
SUBDIVISION
WHEREAS, Campus Gardens, Inc., owner of cartel& lands known as
Parkside Subdivision and located in the NW% of Soctio& 24, Township 7 North,
Range 69 West of the 6th P.N., has presented a proposed plat of said Parkm1do
Subdivision to the City Council for its approval, and
WRSRAS0 said Campus Gardens, Iae., bas at the request of the City
dedicated one building lot for street purposes in said subdivision plat and
has further agreed to withhold improving and to dedicate Let 10, Parkside
Subdivision, for street purposes provided lands lying to the Last of said
Parkoids Subdivision are developed within five (S) years and a cansnot£ng
street is provided for in the subdivision plat of said laMa, and
WRRRAS, an agreement Rae been prepared by the City Atternoy settiag
forth the basis on which said dedication and conditional dedication *hall be
cede, which said agreement has been approved by the City Monager, and
WNSMS, it in the opinion of the City Council that it will be to
the best intereat of the City of Fort Calling if said agreemont is ontered
into by the City with said Campus Gardens, Inc.
NOW, TRRIFOR, SE IT RESOLVED BY TR COUNCIL OF TR CITY OF FORT
C0LLIN2 that the term of the proposed agreement between Cas*m Oardonsp Ise.,
and the City of Fort Collins be and the tar are hereby approved.
R IT FURTRR RESOLVED that th* Mayor and City Clock be and they
hereby are authorised and directed to execute said agraaret on behalf of the
City of Fort Collins.
Passed and adopted at a regular netting of the City @*=oil hold
this 25th day of June. A. D. 1964.
Mayor
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City Clan
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37CN1GJJ PAGt2O6
Reception No ........ t��.—...James P. Thompson
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made this 25th day of June, A. D. 1964,
by and between CAMPUS GARDENS, INC., hereinafter designated as Owner, and the
CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter designated
as City, WITNESSETH:
WHEREAS, Owner has submitted to the City Council of the City of Fort
Collins its proposed subdivision plat of a certain area in the NW'y of Section
24, Township 7 North, Range 69 West of the 6th P.H., more particularly known
as Parkside Subdivision, and
WHEREAS, the plat as presented makes no provision for street connection
between Busch Court and the lands lying to the East of said subdivision, and
WHEREAS, it appears that the owner of the lands to the East of said
Parkside Subdivision has no present plans for development of said lands, and
WHEREAS, City desires to insure a street access between Parkside
Subdivision and the lands to the East thereof provided development of the
latter lands is accomplished within a reasonable time, and
WHEREAS, the parties hereto have agreed to a conditional dedication
.e of Lot 10 of said Parkside Subdivision for street purposes.
NOW, THEREFORE, in consideration of the premises and the terms of
this agreement, it is mutually agreed as follows:
1. Owner agrees that it will not make any improvements on Lot 10,
Parkside Subdivision, for a period of five (5) years from date hereof and will
in the event the lands lying to the East of said Parkside Subdivision are
developed and provision is made in the subdivision plat of said lands for a
street to connect with said Lot 10, Parkside Subdivision, dedicate said Lot 10,
Parkside Subdivision, for street purposes.
2. It is mutually understood and agreed that in the event said Lot
10 is dedicated for street purposes as aforesaid that no special assessments
for the improvement of said Lot 10 will be charged to the owners of Lots 9
and 11, Parkside Subdivision.
8rooK1255 rACE207
3. It is understood that Owner is, at the request of City, dedicating
a building lot for street purposes which connects said Busch Court with park
lands owned by the City on the West and in consideration of said dedication
City agrees, at its expense, to improve such street with curb, gutter, gutter
pan, and paving.
4. City agrees that for the period of five (5) years from date
hereof unless Owner is sooner released from its obligations herein it will be
responsible for the condition of said Lot 10, Parkside Subdivision.
5. Owner agrees that the foregoing provisions pertaining to Lot 10,
Parkside Subdivision, are covenants running with the land and shall be binding
upon Owner and its successors and assigns.
IN WITNESS WHEREOF, Owner has caused its corporate name to be hereunto
subscribed by its Vice -President and its corporate seal hereunto affixed, attested
by its Secretary, and City has caused its corporate name to be hereunto subscribed
by its Mayor and its corporate seal hereunto affixed, attested by its City Clerk,
pursuant to resolution adopted by the City Council on June 25, 1964.
CAMPUS 7,7NRv-
Owner
CITY OF FORT COLLINS, COLORADO
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•Mayo= i
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City ClArk City
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Boer: 3+ct1
AUG 9 - 1965
R««a.a..... 89'7230
Reetptiat No. James P. Thaapson
( KLiULUrIUN
OF THE COUNCIL OF THE CITY OF FORT COLLINS REAPPROVINC
THE PLAT OF PARRSIDE SUBDIVISION iN THE (:ITT OF FORT
COLLINS
WHEREAS, heretofore on July 7. 1904, the Planning and Zoning
bard of the City of Fort Collins, Colorado, approved the plat of Parkside
Smbdlvisiou and on July 99 19649 said plat was approved by the City Council
of the City of Fort Collins, and
WMRAS, Section I. Itaa 5, of the Sudivision Regulations of the
City of Port Collins requires that any approves plat be recorded within
ninety (90) days from the date of approval or such approval becomes void,
and
WRTYEAS, through an oversight, the plat of Parkside Subdivision
are* net recorded until July 1965, and
WHOEAS, the Council has reviewed this natter and desires to
a" on said plat.
NOW, THEREFORE, BE IT RESULVEU BY THE COUNCIL OF THE CITY OF FORT
C4LLINS that the plat of Parkside Subdivision as now recorded ice Lhe records
of the Lariaer County Clark and Recorder be and the same is cereoy ap?roved.
end accepted by the City of Fort Collins.
Paled and adopted at a regular meeting of the C�uacil held Lh_s
ibd *oy of July, A. D. 1965.
ayol�r iiT �/
ATi'RSTL
7 f% <
City C1ar>d
STATE OF COLOAAIO)
) ss.
COUNTY OF LARIMER)
I, Miles F. Fouse.duly annointed and acting City Sle rk of the Ozt7 of For'.
Mt *ns, Colorado, do hereby certify that the foretoing resolution is a tale a P cnrroct
Resolution re anprovtng the Plat of Th. Tarkside ub--i-_ l :on ir. t`e(,_ty
'c rf FoY"?�,1'gllins. Colo. passed and adonted on the 22nd day of .iiily. A.
i ``l� 191dITVFS9 Ifi3450F, I have here,mto set _ hand and affixed `-.e sea'_ of
r+'r' CSC o"rt Collins, this 6th day of Ane'.ist, A. 1965.
I} e': It 1, C; eq ]ICI I✓
THIS AGBE=IT, made and entered into this 16th day
of July A. D. 19 64 _, by and bewtween THE CITY CF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Campus Gardens, Inc.
Hereinafter designated as second party, WI=SETH:
WEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be laiown as n__vm,a= Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEFO-S, said subdivision plat is acceptable to first party
and first party's Planning and Zoning Board, subject to construction of
utilitisa in the area to be subdivided,
NOW, THEBEFORE, 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 Bawer system.
(3) A plan of the proposed electrical distribution eyetem
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
and includ:.ng 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 subdivider's approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be det=nined 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 heret, !"' attest
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the 5y� day of July
A. D., 19 64 and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
y Clerk
THE CITY OF FORT COLLINS.
A Municipal Corporation
By -•-:II : ��1 Z -�.t
Wmr
Hirst Party
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Second