HomeMy WebLinkAboutFAIRVIEW SECOND - Filed OA-OTHER AGREEMENTS - 2003-10-20t%TMlORA%DU'." OF AGREEMENT July c^
THIS, AGREEMENT, MADE AND ENTERED INTO THIS 12th DAY OF/A.D.1.$BY
AND BETWEEN THE CITY OF FORT COLLINS, A MUNICIPAL CORPORATION, HEREINAFTER
DESIGNATED AS FIRST PARTY, AND Bartran Homes btf W. E. Bartran
HEREINAFTER DESIGNATED AS SECOND PARTY, WITNESSETH:
WHEREAS, SECOND PARTY HAS HERETOFORE SUBMITTED A SUBDIVISION PLAT OF
T H E S U B D I V I S ION TO BE KNOWN AS The` Second Fa3rvie�r Subdivision '
FOR APPROVAL BY THE MUNICIPAL PLANNING AND ZONING BOARD AND
THE CITY COUNCIL. OF THE CITY OF FORT COLLINS, AND
WHEREAS, SAID SUBDIVISION PLAT IS ACCEPTABLE TO FIRST PARTY AND FIRST
PARTY'S PLANNING AND ZONING BOARD, SUBJECT TO CONSTRUCTION OF UTILITIES
IN THE AREA TO BE SUBDIVIDED,
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE TERMS CF
THI., AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS:
I. FIRST PARTY ;GREES 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 IMPROVE-
MENT PLANS, ACCEPTABLE TO THE FIRST PARTY:
(I) A PLAN OF THE PROPOSED WATER DISTRIBUTION SYSTEM INCLUDING
THE CONNECTING PIPELINES TO THE POINTS OF CONNECTION TO THE FIRST PARTYtS
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 SEWER SYSTEM.
(3) A PLAN OF THE PROPOSED ELECTRICAL DISTRIBUTION SYSTEM
INCLUDING CONNECTING LINES TO THE FIRST PARTYtS 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
INCLUDING ALL STORM SEWER INLETS AND MANHOLES.
(6) ITEMS A W 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 FUR STREET LIGHTS ARE TO BE PAID FOR BY
THE PARTY OF THE SECOND PART TO THE LIGHT & POWER DEPARTMENT IOF 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 WITH-
IN THE SUBDIVISION THAN WOULD BE REQUIRED BY STANDARD ENGINEERING
PRACTICES TO SERVE THE SUBDIVISION, IN ORDER TO PROPERLY EXTEND THESE
SERVICES TO OTHiER AREAS, THE CITY OF FORT COLLINS WILL PAY A PORTION
OF THE CIST 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 SUBDIVIDERS APPROVED PLANS SUCH PRORATION OF
COSTS BETWEEN THE CITY OF FORT COLLINS AND THE SUBDIVIDER SHALL BE
DETERMINED 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 'dHEREOF, FIRST PARTY HAS CAUSED THESE PRESENTS TO BL
SIGNED BY ITS P)IAYOR AND ITS CORPORATE SEAL TO BE HERETO AFFEXED ATTESTED
TO BY ITS CITY CLERK, PURSUANT TO MOTION OF THE COUNCIL OF THE CITY OF
FORT COLLINS DATED THE 10th DAY y44arch A D. y 1960 1 AND SECOND
PARTY HAS HERETO SET HIS HAND AND SEAL THE DAY AND YEAR FIRST HEREIN -
ABOVE WRITTEN,
ATTEST:
IT CLERK
THE CITY OF FORT COLLINSy A
MUNICIPAL CORPORATION
e Q-.
MAYOR
FIRST PARTY
SECOND PARTY
,AftTIOY OF F ROTF-TIV F COVENANTS
0 F THE
TTM -'tCOND FAIRVIEW SUBnIVISION
''he un,4ersigned, W. E. Bartran, William D. Bartran, Rav Peterson
and Nellie Peterson, be'_ng, t'-e owners of all of the land in the
Fairview Subdivision First Filing as shown on the within plat and
described in the statement thereon, do hereby make this declaration
of Protective Covenants applicable to all of the lots in the Fairview
Subdivision First Filing.
PART A. Residential Area Covenants
A-1. Lard Use and Building Tyre. No lot shall be used except for
residential rurroses. No building shall be erected, altered, placed,
or permitted to remain on any lot other than one detached single-
family dwelling not to exceed two and one-half stories in heht`id a
-rivate garage for not more tr_an two cars.
A-2. Architectural Control. No building shall be erecteat ` ue".-
or altered on any lot until the construction plans and sp
tions and a plan showing the location of the structure hair be.
approved b-- the architectural control committee as to qual't `.
workmanshir and material, harmony of external design with exist
ing structures, ant' is to location with resrect to topography and
finish arade elevation. No fence or wall shall be erected, placed
or altered on ann lot nearer to any street than the minimum build-
ing setback line unless similarly approved. Approval stall be as
provided in Fart B.
A-3. nwelling Cost, Quality and Size. No dwelling shall be per-
mitted on any lot at a cost of less than SQ,000.00 based upon cost
levels prevailing on the date trese covenants are recorded, it
being the intention and purpose of the covenant to assure that all
dwellings shall be of a aiiality of workmanshi. and materials sub-
stantially the serme or better than that which can be produced on
the date these covenants are recorded at the minimum cost stated
herein.fdr the miaalmum permitted dwelling size. The ground floor
area of the m&in'pt,} ctu-re, exclusive of one-stor?r open porches and
garages, shall bet,not less than °00 square feet for a one-story
dwelling; om)p less than B00 square feet for a dwelling of more than
one- story., ,
A-4 13ullA fyia Location. No building shall be located on any lot
nearer to the front lot line or nearer to the side street line than
the minimum building setback lines shown on the recorded plat. In
anv event no builling stall be located on any lot nearer than 30
feet to the front lot line, or ne-rer than 15 feet to any sine
street _line. No building shall be located nearer than 5 feet to an
interior lot line, except teat no side yard shall be reiuired for
a garage or other rerrr_itted accessory building located 35 feet or
more from the minimum building setback line. No dwelling shall be
located on anv interior lot nearer t'_an 25 feet to the rear lot
line. Vor tie r,.irroses of this covenant, eaves, steps, and open
porches shall not be considered .is a part of a building, provided,
hoVet''"�.at ths-,�hall not be construed to permit any portion
of i"lbuhding, errs- a' lot to encroach upon another lot.
A-5.� Lot Area and Width. No dwelling shall be erected or placed
on any lot..having a width of less than 65 feet at the minimum
building setback line nor shall any dwelling be erected or placed
on anv lot having an area of less than 6,500 square feet, except
that a dwelling may be erected or placed on lots numbered (none)
as shown on the recorded plat.
A-6. Easements for utilities. Easements for the installation and
maintenance of utilities and irrigation facilities are reserved as
shown on the within plat. No buildings or other structures shall
be erected or placer' upon any of the said easements, except fences,
which may be constructed along lot lines or property lines.
A-7. Nuisances. No noxious or offensive activity shall be -car-
ried on upon, any lot, nor shall anything be done thereon
Y
be or may become an annoyance or nuisance to the neighborigc�. 1
4-8. Temporary Structures. No structure of a temporar_ +
s�.
trailer, basement, tent, shack, garage, barn or other outfidl-I
shall be used on any lot at any time as a residence eithe,sm3�
arily or permanently.
A-Q. Signs. No sign of any kind shall be disblayed to the public
view on any lot- except one professional sign of not more than one
square foot, one sign of not more than five square feet advertis-
ing the property for sale or rent, or signs used by a builder to
advertise the property during the construction and sales period..
A-10. Oil, Gas, and Yineral Rights. An individual interest in and
to all the oil, gas, and other minerals and mineral rights in, upon
or under said lanrl are excepted and reserved unto the Federal Z=nd
Bank of Wichita, its successors and assigns, together with the full
and free right to enter upon said premises and use so much of the
surface thereof as may be reasonably necessary for operating, drilling,
and marketing the production thereof and for the purposes of the
resera 3,9..r
A-1 vestoek Poultry. No animals, livestock, or poultry
Of i#ir .nd 3.I; ie" raised, bred or kept on ary lot, except that
dogs,?sas or. 4thousehold pets may be kept provided that they
are.'bz?ec� `'.pr maintained for any commercial purrose.
A-12. Sight ristance st Intersections. No fence, wall, hedge or
shrub planttniz which obstructs sight lines at elevations between
2 and 6 feet above the roadways shall be placed or permitted to
remain on anzr corner lot within the triangular area formed by the
street property lines and. a line connecting them at points 25
feet from the intersection of the street lines, or in the case of
a rounded property corner from the intersection of the street
property lines ex -ended. The same sight -line limitations shall
apply on any lot within 10 feet from the intersection of a street
property line'With the edge of a driveway or alley pavement. No
tree shall be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of such sight lines.
PORT B. Architectural Montrol Committee
B-1. Membership. The architectural control committee is composed
of W. E. Bartran, 15n1 S. Whitcomb Rd., Fort Collins, Colorado,
William D. Bartran, 131)4 Lynnwood Dr., Fort Collins, Colorado, and
'Phelma E. Bartran, 1501 S. Whitcomb Rd., Fort Collins, Colorado.
A majority of the committee may designate a representative to act
for it. In the event of death or resignation of any member of
the committee, the remaining members shall have full authority to
Oesignate a successor. Neither the members of the committee, nor
its designated representative shall be entitled to any compensa-
tion for services performed ptirsuant to this covenant. At any
time, the then record owners of a majority of the lots shal h&ve _
the Dower thro,igh a duly recorded written instrument to c '#
membership of the committee or to withdraw from the commi ! ':c
restore tc it anv of its sowers and duties. 70,
t3-2. Procedure. The committee's approval or disapproval- _
luired in these covenants shall be in writing. In the event"
committee, cr its designated representative, fails to approve or.
disapprove ,within 30 days after plans and snecifications have been
submitted to it, or in any event, if no suit to enjoin the construc-
tion has been commenced prior to the completion thereof, approval
will not be recuired and the related covenants shall be d$emed to
have been fully complied with.
PART C. general Provisions
C-1. Term. These covenants are to rum with the land and shall be
bindinp? on all parties and all persons claiming under them for a
periorl of twenty-five ye-rs from the date these covenants are re-
corded, after which time said covenants shall be automatically
extended for successive neri.ods of 10 years unless an instrument
signed by a :majority of the then owners of the lots has been re-
corded, agreeing tn""6't79nge said covenants in wr_ole or in part.
0-2. Enforeement Anforcement shall be by -:roceedings at law of
in equity against any person or persons violating or attempting to
violate a#� • *pvenantI'either to restrain violation or to recover
amages.
0-3. Severability. Inva.liestion of any one of these covenants by
judgment of Court order shall in no wise affect anIT of the other
nrovis ions whic h shaill remain in full force and effect.
IN WITNESS THEREOF, the undersigned. W. E. Bartran, William D.
Bartran, Ray Peterson, and Nellie Peterson have hereunto set their
hands and seals this �S d day of , A. D. _d-0, J 0, -2
•
W. E. Bartran Ray Pet rsonJ
1 62� -, '4--o—yu
William T. Bartran Neiiie Peterson
ST,kTE OF COLOR^n0 ) r
s s .
COUNTY OF LaRTYER )
The foregoing instrument was acknowledged before my by W. E.
Bartran, 111am D. Bartran, Ray Peterson and Nellie Peterson on
this day of e,l A A. D., 1960, for the
purposes therein set orth.
/om'; lIL.G!�I
M7 notorial commission expires-Dwor»6dw