HomeMy WebLinkAboutFORT COLLINS NATIONAL BANK - Filed OA-OTHER AGREEMENTS - 2010-09-14 (2)BO wO
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AGREEMENT
THIS AGREEMENT, made and entered into this _�Z_ day of December, 1978,
by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation,
hereinafter referred to .as "the City," and FORT COLLINS NATMAE RANK,
hereinafter referred to as "the Owners;
WITNESSETH:
WHEREAS, the Owners are owners of property in the City described as
follows, to -wit:
A tract of land situate in the Northwest 1/4 of Section
36, Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado, which, considering the North
line of the Northwest 1/4 of said Section 36 as bearing
North 89'45'30" East and with all bearings contained
herein relative thereto: Commencing at the Northwest
Corner of said Section 36; thence North 89°45'30" East
1332.29 feet; thence South 00°28'30" East 627.98 feet
to the true point of beginning; thence South 00'28'30"
East 919.64 feet along the West line of the Warren
Shores Fourth Annexation; thence North 30°18'57" West
271.95 feet; thence North 00°52'00" West 31.13 feet;
thence North 31°27'00" West 120 feet; thence North
28035'00" West 122.30 feet; thence North 52'53'00" West
186.00 feet; thence North 00°43'18" East 330.07 feet;
thence North 89°45'30" East 395.41 feet to the point of
beginning containing 5.2864 acres, more or less, with
55.3% of the exterior boundary being contiguous to the
present boundary line of the City of Fort Collins,
Colorado.
Said property hereinafter referred to as "the Property; and
WHEREAS, the Owners have petitioned to the City for annexation and
zoning of the Property into the "B-P" Planned Business Zoning District;
and
WHEREAS, the evidence which has been presented to the City Council and
the City Planning and Zoning Board indicates that the "B-P" Planned Business
Zoning District is an appropriate zoning district for the Property.
However, it.also appears to the City Council that some of the uses which
can be made of the Property within the "B-P" Planned Business Zoning
District may not be appropriate uses for the Property and the surrounding
area; and that, in fact, some of the uses in the "B-P" Planned Business
Zoning District could have a detrimental impact on property abutting and
adjoining the Property; and
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WHEREAS, because of such detrimental impact,. the City is reluctant to
grant the Owners' request for "B-P" Planned Business Zoning; and
WHEREAS, the Owners have agreed to certain restrictions concerning the
use of the Property which would minimize the adverse_ impacts from zoning
the Property into the "B-P" Planned Business Zoning District; and the City
Council is of the opinion that the restrictions provided in this Agreement
will adequately protect against adverse impacts from the zoning and justify
the requested zoning of ,the Property.
NOW, THEREFORE, in consideration of the premises and the terms of this
Agreement, the parties hereto agree as follows:
-1. Uses.. The Property may be used for any use permitted in the "B-P"
Planned Business Zoning District provided that if the Property is used for
any, use permitted in the "R-M" Medium Density Residential Zoning District,
the Owners shall submit a site plan for approval to the City's Planning
and Zoning Board. The Owners shall have the right to appeal any decision
of the City's Planning and Zoning Board to the City Council which shall
have the final authority in approving any site plan for an "R-M" Medium
Density Residential use.
2. Effect. This Agreement shall run with the land and shall be
binding upon the Owners, their heirs, personal representatives, admini-
strators and assigns. This Agreement shall be effective only if the City
zones the Property into the "B-P" Planned Business Zoning District.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement the
day and year first above written.
CITY OF FORT COLLINS, COLORADO
A,,W cipal Corporation
ager
FORT COLLINS NATIONAL BANK
(Owners) Gary fcaswl' ;fit
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