HomeMy WebLinkAboutMOUNTAIN RIDGE FARM PUD - Filed OA-OTHER AGREEMENTS - 2002-12-12RCPTN # 880132i3 03/23/88 13:33:27 # OF PAV-,; - 3 FEE - $9.00
M. RODE,4BERGER, RECORDER - LARIMER COUNTY CO STATE DOC FEE-
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CONSENT AND SUBORDINATION AGREEME<�]T
WHEREAS, MOL]NnuXRJDGE FARM, INC., A Delaware Corporation, on the 16th
day of February, 1988, executed a certain Deed of Easement to the City of Fort
Collins for the installation of utilities, which easement covers land in
Larimer County, Colorado, described on Exhibit "A" attached.
Trustee
NOW THEREFORE, BAKER BOYER NATIONAL BANK 'A the holders and owners of a
Deed of Trust recorded in Book 1815 at Page 585 of the Larimer County,
Colorado records, for a valuable consideration, the receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said easement
aforesaid without, however, joining in any of the warranties, guarantees or
indemnities contained therein, and agree that the subject Deed of Trust shall
be subordinate to such easement in the event of foreclosure thereof.
BAKER -BOA NATIONAL BANK, Trustee
;'
STATE OF
) ss
COUNTY OF l&, c is
Subscribed and sworn to before me by <:; t Lem
Witness my hand and official seal..
T, y Commission expires: i - ��= � °
Notary Public, �
Address: C/ r_ �.-', 4r. CC;
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:OV:
A PERMANENT 30' UTILITY EASEMENT AND A
TEMPORARY 45' CONSTRUCTION EASEMENT LOCATED IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
DESCRIPTION
A 30 foot permanent utility easement and a 45 foot temporary con-
struction easement on, over and across a certain parcel of land
described in Book 2194, Page 137, Larimer County records located
In Section 34, Township 7 North, Range 69 West of the 6th P.M.
("subject parcel"), County of Larimer, State of Colorado, and
described as follows:
That portion of a permanent easement 30 feet in width located on
the subject parcel with foreshortened and prolonged sidelines to
meet the property lines of the subject parcel and shall be 15
feet Easterly and 15 feet Westerly/Northerly as measured at right
angles and parallel with the Centerline as constructed and the
centerline described as follows:
Also; a construction easement 45 feet in width located on the
subject parcel with foreshortened and prolonged sidelines to meet
the property lines of the subject parcel and shall be the
Westerly/Northerly 45 feet of the Northerly/Westerly 60 feet as
measured at right angles and parallel with the centerline as con-
structed and the centerline described as follows:
Considering the East line of the Northeast Quarter of said Sec-
tion 34 as bearing, North 0°13'55" West and with all bearings
contained herein relative thereto:
Commencing at the East Quarter corner of said Section 34; thence
along the East-West centerline of said Section 34, South 89°
50'46" West, 45.00 feet to a point on said described centerline
said point being the POINT OF BEGINNING; thence along said
described centerline, North 0°13'55" West, 364.75 feet; thence,
North 89°46'05" East, 15.00 feet to the Westerly right-of-way of
South Shields, said point being the Point of Terminus of said
centerline. The location of said easement in relation to the
subject parcel is further illustrated on attached Exhibit "A".
The above described permanent easement contains 0.262 acres more
or less and the above described construction easement contains
0.470 acres more or less and is subject to all other easements,
restrictions, and rights -of -ways now on record or existing.
RBDInc
7
Terry G. Everett, P.L.S.
Colo. Reg. No. 17483
6.dMW,. EXHIBIT „A„ SHEET 1 OF 2
Ena,rnq"„w convolrnu ___
A PERMANENT 30' UTILITY EASEMENT AND A
TEMPORARY 45' CONSTRUCTION EASEMENT LOCATED THE
IN
SECTION 34, TOWNSHIP 7 NORTH, RANGE 69 WEST
6TH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO
POINT OF r,0(aINNINCI
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j MOUNTAIN RIDGE
FARM INC. PROPERTY
BOOK 2194-137
s oek•
a5.0d
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6ec- *A-`1.109
EXHIBIT "A"
SHEET 2 OF e
MOUNTAINRIDGE FARM P.U.D., 1st FILING
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT, made and entered into this day
of - / i of 1991, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City") and MIRAMONT ASSOCIATES, LLC, a Colorado Limited
Liability Company("Developer"), is an amendment to that certain Development
Agreement dated August 22, 1996, by and between the City and the Developer,
hereinafter referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WHEREAS, the parties are presently desirous of modifying the Development
Agreement.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
1. That the Development Agreement is hereby amended by replacing paragraph
II.C.1. to read as follows:
1. The Developer and the City agree that all on -site storm drainage
improvements, excluding the regional detention ponds, as shown on the
approved utility plans shall be completed by the Developer in accordance with
said approved plans prior to the issuance of more than fourteen (14) building
permits in the development. Completion of improvements shall include the
certification by a professional engineer licensed in Colorado that the drainage
facilities which serve this development have been constructed in conformance
with said approved plans. Said certification shall be submitted to the City at least
two (2) weeks prior to the date of issuance for any building permit greater than
said fourteen (14) building permits. The Developer and the City agree that the
regional detention pond improvements and the off -site storm drainage facilities,
as shown on the approved utility plans for the development, shall be completed
in accordance with said approved plans prior to the issuance of more than
twenty-seven (27) building permits in the development. Completion of
improvements shall include the certification by a professional engineer licensed
in Colorado that the regional detention ponds and the off -site storm drainage
facilities being constructed with this development have been completed and
constructed in conformance with said approved plans. Said certification shall be
submitted to the City at least two (2) weeks prior to the date of issuance for any
building permit greater than said twenty-seven (27) building permits.
2. Except as herein modified, all other terms and conditions of the Development
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation
By: g �. lX L40
Cit Manager
ATTEST:
City Clerk
APPROVED AS TO CONTENT:
Director of Engineering
APPROVED AS.TO FORM:
i
A sistant City Attorney
DEVELOPER:
MIRAMONT ASSOCIATES LLC, a Colorado
Limited Liability Company
MOUNTAINRIDGE FARM P.U.D., 1st FILING
AMENDMENT AGREEMENT NO. 1
/jT
THIS AMENDMENT AGREEMENT, made and entered into this day
of J*I , of 1991, by and between the CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("City") and MIRAMONT ASSOCIATES, LLC, a Colorado Limited
Liability Company("'Developer"), is an amendment to that certain Development
Agreement dated August 22, 1996, by and between the City and the Developer,
hereinafter referred to as the "Development Agreement."
WHEREAS, the City and the Developer previously executed the Development
Agreement; and
WHEREAS, the parties are presently desirous of modifying the Development
Agreement.
NOW, THEREFORE, in consideration of the promises of the parties hereto and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
1. That the Development Agreement is hereby amended by replacing paragraph
II.C.9. to read as follows:
9. The Developer and the City agree that the Developer shall construct regional
storm drainage improvements as shown on the approved utility plans for this
development. It is hereby agreed that the Developer shall be entitled to
reimbursement from the City for expenses incurred in constructing said
improvements in accordance with Chapter 26 of the City Code and pursuant to
the cost estimate for said improvements as shown on Exhibit "B" attached hereto
and incorporated herein by reference.
2. Except as herein modified, all other terms and conditions of the Development
Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
a Municipal
/�Corporation
By:_ nY A kJ
City Manager
ATTEST:
u City Clerk o
APPROVED AS TO CONTENT:
Director of Engineering
APPROVED AS TO FORM:
stant City Attorney
DEVELOPER:
MIRAMONT ASSOCIATES LLC, a Colorado
Limited Liability Company
EXHIBIT `B"
The Development Agreement for Mountain Ridge Farm P.U.D., First Filing, City of Fort
Collins, Larimer County, Colorado
Cost Estimate for Major Drainage Improvements
McClelland's/Mail Creek Drainage Basin
Mountain Ridge Detention Pond
The attached cost estimate for the improvements constitute costs associated with major drainage
improvements which are eligible for developer repay. These costs are based on quotes from
Schmidt Earth Builders, Inc. and negotiations between the Developer and the City.
The City shall make progress payments to the Developer on the basis of actual costs as submitted
on the Developer's Application for Payment. Such application shall be accepted periodically
during construction of the project, but no more frequent than monthly. All progress payments
will be on the basis of the percent work completed on each line item of the attached cost
estimate.
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