HomeMy WebLinkAboutEDORA ACRES SECOND - Filed OA-OTHER AGREEMENTS - 2003-07-31PROTECTIVE COVENANTS - EDORA ACRES SECOND FILING
Situate in the NE 1/4 of Section 19, Township
7 North, Range 68 West of the Sixth Principal
Meridian, City of Fort Collins, County of Larimer
State of Colorado
MAURICE L. DEINES, fee owner, of the following described real
property located in the City of Fort Collins, County of Larimer,
State of Colorado, the same being real property described as:
A tract of land in the NE 1/4 of Section 19, Township 7 North,
Range 68 West of the 6th P. M., City of Fort Collins, County
of Larimer, State of Colorado, which considering the North line
of said Northeast 1/4 as bearing N. 88159'40" E. and with all
bearings contained herein relative thereto, is contained within
the boundary lines which begin at a point which bears N.88°59'40"
E. 536.13 feet and again S. 01000120" E. 261.00 feet from the
North 1/4 corner of said Section 19 and run thence N. 88*59140"
E. 205.00 feet; thence along the arc of a 15.00 foot radius
curve to the left a distance of 23.56 feet the long chord of
which bears S. 46*00120" E. 21.21 feet; thence'N. 88*59140"
E. 62.00 feet; thence S. 01000'20" E. 20.00 feet; thence N.
88059140" E. 157.91 feet; thence S. 00003'20" E. 204.98 feet;
thence S. 74036140" W. 437.49 feet; thence N. 79°16'50" W.
13.00 feet; thence N. 01000120" W. 345.98 feet to the point
of beginning, containing 2.8230 acres, more or less;
does make the following declarations as limitations, restrictions
and uses to which the said tract 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 tract,
this declaration being signed for the purpose of guaranteeing that
said tract will be landscaped initially and kept in desirable condi-
tion in the future as herein specified.
These landscape improvements as described in the landscape 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.
Upon beginning construction of any building upon said tract, 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
i
plans, excepting, however, lands necessary for construction. 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 or their assigns or successors in interest
shall be responsible for the maintenance and care (including necessary
replacement of dead tress or shrubs) of all "planted and landscaped"
areas within the said tract. 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
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 all property and improvements thereto with the tract
of land on which said work was performed, said lien to be exercisable
by filing of a notice of said lien against said property and improve-
ments thereto; provided, however, that the City of Fort Collins
shall not have a lien against any single-family lots and improvements
thereto within said development. The City of Fort Collins shall be
entitled to all rights of foreclosure or other remedies existing
pursuant to Colorado law for enforcement of liens against real
property and may also at its discretion 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 ,2 5 T k day of _T; ,
1977.
MA, C L. DEINES