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Home My WebLink AboutEASTGATE REPLAT TRACT A - Filed OA-OTHER AGREEMENTS - 2003-07-31I r L/ PROTECTIVE COVENANTS - Tract "A" Eastgate, First Filing, City of Fort Collins, County of Larimer, State of Colorado. GEORGE W. BETZ and DAN]VY J. BAILEY, fee owners of the following described real property located in the City of Fort Collins, County of Larimer, State of Colorado, the same being real property platted as REPLAT OF TRACT "A" EASTGATE, FIRST FILING, City of Fort Collins, County of Larimer, State of Colorado; do hereby make the following declarations as limitations, restrictions and uses to which the said tracts may be put, and hereby specify that these declarations shall constitute covenants to run with all of the above described land, provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of said tracts, this declaration being signed for the purpose of guaranteeing that said tracts will be landscaped initially and kept in desirable condition in the future as herein specified. These landscape improvements as described in the landscaped plot plans submitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plan unless amended pursuant to the approval of the City of Fort Collins. Prior to con.pletion of construction of any building upon commercial lots #1 through #6 and 4-plex lots #7 through #17 the developer or owner shall cause the property contiguous to said building to be seeded and suitably planted with grass, trees and decorative shrubs pursuant to the provisions of said landscape plot plans excepting, however, lands necessary for construction. In regards to the 33,396 square feet of open area, it is agreed that the open space area including the water detention portion thereof shall be seeded and suitably planted with grass, trees and decorative shrubs as soon as practical after initial development. It is further understood and agreed that the developer of said property, the owner of their assigns or successors in interest shall be responsible for the maintenance and care (including necessary replacement of dead trees or shrubs) of all "planted and landscaped" areas within said lots and open area. Should the developer or owner fail in any respect to comply with the terms of this agreement, the City of Fort Collins upon notifying said developer or owner in writing of the matters in regards to which default is asserted and should the developer owner fail either to cure said default within thirty (30) days after receipt of such notice or to commence within twenty (20) days to rectify such default and continue thereafter to use due Ci-y Clerk APPROVED: --� z�,_ lliroctor of Engineer services i7 ALtorncy -7- Deuel oix r Mll IT A I. Schedule of water lines to be installed out of sequence. Nonapplicable. 2. Schedule of sanitary sewer lines to Le installcxl out of scquemce. Nonapplicable. 3. Schedule of street improveim_nts to be installed out of sequence. Montgomery Street from Riverside Avenue to Pitkin Street shall be completed prior to occupancy of any structure within the subdivision which gains its access from ivbntgomery Street. Pitkin Street from Riverside Avenue to Montgomery Street shall be completed prior to occupancy of any structure within the subdivision which gains its access from Pitkin Street. -2- diligence to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right to enter upon said property and perform the work necessary to replace said improvements or maintain same and the developer or current owner shall pay or cause to be paid to the City of Fort Collins such reasonable sums necessary to reimburse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. If said billing is not paid, then the said City of Fort Collins pursuant to the authority granted by these covenants shall have a lien on any single property and improvements thereto within the particular tract of land in the Eastgate development on which said work was performed, said lien to be excersisable by filing a notice of said lien against said property and improvements thereto. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existing pursuant to Colorado law for enforement of liens against real property and may also at its descretion without waiving any other rights it may have pursuant to law, proceed directly with legal action against the developer or current owner, their assigns or successors in interest to collect payment of the reasonable amounts so expended pursuant to the terms hereof Dated at Fort Collins, Colorado, this day of , 1978. � 7 . BY Georg) W . Betz, Own J� - - Developer Danny J. BaiV16�, Owner - Developer -3- STATE OF COLORADO ) ss. COUNTY OF LARIMER ) S scrie and sworn to before me this day of �u .t�� , �1978, by J �� . _ , Owner -Developer, and Owner - Deveiper. Witness my hand and seal. My commission expires: c_ C �� 2 NOTARY PUBLIC UTILITY AGI21;EM1'NT THIS AGRLHMENT is made and entered into this 6LA day nL 5Pnmber A. D. 1977, by anal between TILL CITY OF PORT COLLINS, COLOI,A%X;, a r,, : I:: i;>al cor- noration, hereinafter sometimes designated as the "City", rind Dale A. Leach and R. James Weisser hereinafter designated as the "Ik��ololxi" WITNE SSP1,11: WHEREAS, Developer is the owner of certain property si.tuate in the County of Larimer and State of Colorado and legally descritx as follows: REPLAT OF TRACT "A" EASTGATE, FIRST FILING situate in the southeast 1/4 of Section 18, T 7 N, R 6 8 W of the Sixth P.M., City of Fort Collins. WHEREAS, Developer desires to develop said property as a residential sub- division and has submitted to Inc, City a subdivision plat (and a site plan if ;-aid property is to be dcv,21ope d as a Planned Unit Develops xmnt) , a copy of which is on file in the Office of the City Engineer and Ly this reference made a part hereof; and WHEREAS, Developer has further subm tied to the City a utility plan for said lands, a copy of which is on file in the Office of the City Engineer and by this reference made a part hereof; and WIILREY\S, tlhe parties hereto have agreed that the devclo,mxrnt of said lands will. roquire increased municipal services from the City in order to serve such area and will further require the installation oL certain im,,)rovenk,nts primarily of benefit to the lands to be cicve.lopcd and not to the City of Fort Collins as a whole; and WFIERLAS, the City has approved the sulxiivision plat (anl site plan wh,2re applicable) submitted by the Developer subject to certain ra{ui_remcnts 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 prem ses and the terns and conditions herein stated and for other valuable consideration, t;ie adequacy of which is acknowledged by the parties hereto, it is agreed as folio,,.:;: 1. Except as otherwise herein specifically agrccd, the Developer agrees to install and pay for all utility lines, storm drainage facilities, streets and other municipal facilities necessary to serve the lands w-thin the subdivision. 2. Water Lines. a. Developer_ agrees to install all water lines si,own on the utility plans in accordance with the requiren-ents and as shown on saiu plans, whether such lines are actually on the property, bordering the troperty or on otlhur lands connecting the subject property to the existing City waLcr distribution system. b. Such water lilies shall be installed in full complictnce with CLe standard specifications of the City on file in Uhe office of the City Engineer and applicable provisions of the City Cod(, relating to tcc installation of such lines. c. Developer understands and agrees that no building permit for structure in the subdivision shall be issued by tlic City until the water line and the fire hydrant servinq such st_ructurc is ins1a11c+9 � is acccp'-ed by t!ic City. d. Nhy water lines descrid>cv3 on ]i:xhihi.t n, attnch(-A ho_rcCo, shall 1,� installed within the tiny_ require-d on LL-chi.bit A. if tho City Enginucr delcnm nes that my lines shown on the utility plans are re,juired Lo provi,ie s.,rvice to other areas of the City, those lines shall be wit tii.n the I_ me dctesimined by U-ie City Engineer. -2- e. Ail of said lines shall be installed it the sole expease of the Developer. f. The installation of said line shall be inspected by the Engineering Services Department of the City and shall_ be subject to such deparU.n,nt's ap- proval. Developx-r agrees to correct any deficiencies in such installation in order to rxet the rcYuiremt ens of the plans and the s,z��ifications ripplicable to such installation. 3. Sanitary Sewer Collection Lines. a. The Developer agrees to install all sanitary sewer collection lines shown on the utility plans, whether the saix, be on or off the subject prolessty. b. Such sanitary sewer lines shall be installed in full. compliance with the standard sLx-cifications of the City on fi n in Uic office of. the City Engineer relating to the installation of such Lines. c. Developer understands and agrees that no building pernut shall he issued by the City for any structure in the subdivision untiL the sanitary sewer line serving such structure is installed and accepted by the City. d. Any sanitary sewer lines described on P;xLibit A, attached hereto, shall be installed within the time required on Exhibit A. If the Ci'y Engineer deterndnes that any lines shown in the utility plans arc required in provide service to other areas of the City, those lines shall L-�, installed within the time deterl-iLLncd by the City Lngineer.. -3- C. All of sated lines shall be installed at the sole cxIvnsc of Developer, f. The installation of said lines shall be inspectcO, by the Engineering Services Departnxnt of the City -tnd subject to such depar.b,ient's approval. Developer agrees to correct any deficiencies in such installation in order to m,et the requireimriLs of the plans and the sp�cifications ap: '-icable to such installation. 4 Electric Lines and Facilities. The City Light and Pc-aer Departm-lt shall install all electric distribution lines and facilities requirorl for the subject property and the Developer shall- pay for such work in accordance with the ,establishers charges of the Light and Power Departrxant. S�Ich installation shall include all street 1 _ghts for the d(,vt,lop icnf_. 5. Storm Sewer Lines and Facilities. a. The Developer shall install all stonn sewer lines ,nd facilities shown on the utility plans. b. Such storm sewer lines and facilities shall be installed in fall coiipliance with the standard specifications of the City on Lila in the office of the City Engircer relating to the installation of such c. Developer agrees to complete the installation of facili- ties prior to occupancy of any structure within the subdivision. All of said lines and facilities shall 1xz construcCcr in an orc',er_ly fashion, as determined by the City Engineer, so as to prevent to otliei utilities, streets, curb, gutter, sidewalks, and all adjacent prose rt_ies. Ili -4- any event, all of said lines and facilities shall be. completed within twelve months from the date of this agreument. d. All of said facilities shall_ be installed at the sole expense of the Developer. e. The installation of all of such lines and facilities shall be inspected by the Ingineeri.ng Services Department of the City and shall be sub- ject to such department's approval. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. 6. Streets. a. The Developer agrees to install curb, gutter., sidewalks and 25-feet of asphalt paving on the east side of Montgomery Street from Riverside Avenue to Pitkin Str�w ,. eet. +*' en t-iie _e-4e eP Pitkin Street from Montgomery Street (� to Piverside Avenue shall be improved with curb, gutter, and sidewalks on both sides with full width pavement. b. Such streets shall be installed in full conh.liance with the standard specifications of the City on file in the office of the City Engineer relating to the installation of such streets. c. No building permit for the construction of any structure in the subdivision shall be issued by the City until the street providing access to the structures is improved with at least: the gravel base required. Purthermore, no building permit. shall be issued by the City for any structure located in excess of 660 feet from a. single point of access. d. Any streets described on Exhibit A, attached hereto, shall be completely installed within the time required on Lxhibit A. I[ the City Engineer determines that any streets shown on the utility plans are required to provide access to other areas of the City, those streets shall. be installed within the time required by the City Engineer. -5- e. Ail of said streets shall be i.nstallexl at the sole expense of the Developer. f. Developer agrees to correct any deficiencies in such installation in order to meet the requirements of the plans and the specifications applicable to such installation. g. Street improvements shall not be installed until all utility lines to be placed in the streets have been colleWly installol, and all. serr!iccs 'ah indivi(lual lots have been .installed from main utility lines to the p:�otx rt_y line. 7. Other Raluire ents. Developer_ is aware that a drainage ditch is proposed within the 35 foot easement adjacent to Montgonery Street. Developer agrees to take all steps necessary to insure that utility lines constructed within said easement are below the proposed grade for the drainage ditch. 8. Miscellaneous. a. This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance or any over provision of the City Code and the Developer agrees to comply with all require,k�nts of the same. THE CITY OE FORT COLLINS, COLORADO City VaN er -6-