HomeMy WebLinkAboutFAIRVIEW TENTH - Filed OA-OTHER AGREEMENTS - 2003-10-201 •.' ' i 1 • ,' �IBf Ili
THIS AGREEMENT, made and entered into this 18th day
of October A. D. 19 b5 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
I
nd Bartran Homes, Inc,
Hereinafter designated as second party, WITNESSETH:
WHERFJLS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as The Tenth Fairview Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WH—,,RDLS, said subdivision plat is acceptable to first party
and first pa.-:'tyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NCi, THEREFCRE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as followst
1, F rst party agrees 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; partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first party's existing water distribution system and showing all valres
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 party's existing electrical
distribution system and including all street lights.
(it) 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 (1) 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 for street lights are to be paid for by
the party of the second part to the Light & Power Department of 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
within the subdivision than would be required by standard engineering
pNactices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost 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 subdividerts approved plan. 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 WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be heret- li: .ttest
to by its City Clerk, pursuant to motion of the Council of the City of
-�- Fort Collins dated the 5th day of August
A. D., 19 65 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
THE CITY OF FORT COLLINS.
A Municipal Corporation
Zyor
irtib Party
J
ATTEST:
City . er
APPROVF'D:
ty Engineer
(17
DECLARATION OF PROTECTIVE COVENANTS
OF
TENTH FAIRVIEW SUBDIVISION
The undersigned, Bartran Homes, Inc., being the owner of all the land in
the Tenth Fairview Subdivision, as shown on the within plat and described in the
statement thereon, does hereby make this declaration of Protective Covenants
applicable to all of the lots in the Tenth Fairview Subdivision.
PART A. Residential Area Qovenants
A-l. band Use and Building Type. No lot shall be used except for residential
purposes. No building shall be erected, altered, placed or permitted to remain
on ariv lot other than one detached single-family dwelling not to exceed 2�
stories in height and a private garage for not more than two tars.
A-2. Architectural Control. No building shall be erected, placed or altered on
any lot until he construction plans and specifications and a plan showing the
location of the structure have been approved by the Architectural Control Commit-
tee as to quality of workmanship and materials, harmony of external design with
existing structures, and as to location with respect to topography and finish
grade elevation. No fence or wall shall be erected, placed or altered on any lot
nearer to any street than the minimum building setback line unless similarly
approved. Approval shall be as provided in Part B.
A-3. Dwelling Cost, Quality and Size. No dwelling shall be permitted on any lot
at a cost of less than $93000.00 based upon cost levels prevailing on the date
these covenants are recorded, it being the intention and purpose of the covenants
to assure that all dwellings shall be of a quality of workmanship and materials
substantailly the same or better than that which can be produced on the date these
covenants are recorded at the minimum cost stated herein for the minimum permitted
dwelling size. The ground floor area of the main structure, exclusive of one-
story open porches and garages, shall be not less than 900 square feet for a
one-story building, nor less than 800 feet for a dwelling of more than one story.
A-4. Building location. No building shall be located on any iot 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 any event no building shall oe Located on
any lot nearer than 30 feet to the front lot line, or nearer than S feet to an
interior lot line, except that no side yard shall be required for a garage or
other permitted accessory building located 35 feet or more from the minimum
building setback line. No dwelling shall be located on any interior Lot nearer
than 25 feet to the rear lot line. For the purpose of this covenant, eaves. -,te};�
and open porches shall not be considered as a part of a building, provided, nowe�er,
that this shall not be construed to permit any portion of a building on a lot to
encr �_h 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 iine nor shall
any dwelling be erected or placed on any lot having an area or Less than 6500
square feet.
A-6. Easements for Utilities. Easements for the installation and maintenance of
utilities and dratage facilities are reserved as shown on the recorded plat of
Tenth Fairview Subdivision. Within these easements no structure, planting or
other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities or which may change the
direction of drainage channels in the easements or which may obstruct or retard
the flow of water through drainage channels in the easements. The easement area
of each lot and all improvements in it shall be maintained continuously by the
owner of the lot except for those improvements for which a public authority or
utility company is responsible.
A-7. Nuisances. No noxious or offensive activity shall be carried on upon any
lot, nor shall anything be done thereon which may be or may become an annoyance
or nuisance to the neighborhood.
A-8. Temporary Structures. No structure of a temporary character, trailer, base-
ment, tent, shack, garage, barn or other outbuilding shall be used on any lot at
any time as a residence either temporarily or permanently.
A-9. Signs. No signs of any kind shall be displayed to the public view on any
lot except one professional sign of not more than one square foot, one sign of
not more than 5 square feet advertising 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 Mineral Rights. An individual one-half interest in and to
all the oil, gas, and other minerals and mineral rights in, upon or under said
land are excepted and reserved unto the Federal Land Bank of Wichita, its
successors and assigns, together with the full and from 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 reservation.
A-11. Livestock and Poultry. No animals, livestock or poultry of any kind shall
be raised, bred or kept on any lot, except that dogs, cats or other household
pets may be kept: provided that they are not kept, bred or maintained for any
commercial purpose.
A-12. Sight Distance at Intersections. No fence, walls, hedge or shrub planting
which obstructs sight lines at elevations between 2 and 6 feet above the roadways
shall be placed or permitted to remain on any corner lot within the triangular
area formed by the street property lines and a line coupecting them at points
25 feet from the intersection of the street property lines extended. 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 alloy pavement. No tree
shall be permitted to remain within such distances of such intersections unless
the foliage line is saintained at sufficient height to prevent obstruction of
such sight lines.
PART S. Architectural.Control Committee
B-1. Membership. The Architectural Control Committee is composed of W. E. Bartran
of 1104 Lynnwood Drive, Fort Collins, Colorado, William D. Bartran of 1233 South -
ridge Drive, Fort Collins, Colorado and Nancy J. Bartran of 1233 Southridge Drive,
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 commit-
tee, the remaining members shall have full authority to designate a successor.
Neither the members of the committee nor its designated representative shall be
entitled to any compensation for services performed pursuant to this covenant,
At any time, the then record owners of a majority of the lots shall have the
power through a duly recorded written instrument to change the membership of the
committee or to withdraw from the committee or restore to it any of its powers and
duties.
B-2. Procedure. The Committee's approval or disapproval as required in these
covenants shall be in writing. In the event the committee, or its designated
representative fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin
the construction has been commenced prior to the completion thereof, approval
will not be required and the related covenants shall be doomed to have been fully
complied with.
PART C. General Provisions.
C-1. Term. These covenants are to run with the land and shall be binding on all
parties and all persons claiming under them for a period of 25 years from the
date these covenants are recorded, after which time said covenants shall be
automatically extended for successive periods of 10 years unless an instrument
signed by a majority of the then owners of the lots has been recorded, agreeing
to change said covenants in whole or in part.
C-2. Enforcement. Enforcement shall be by proceedings at law or in equity against
any person or persons violating or attempting to violate any covenant, either to
restrain violation or to recover damages.
C-3. Severability. Invalidation of any one of these covenants by judgment or
Court Order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and
seals this ,4j!_ day of ,Q�•a�� A.D�, 1965.
BARTRAN HODS, INC.
Y
BY:
Pres ent
A 7 TTEST s
ecretary
STATE OF COLORADO )
)ss.
COUN" Of LARINU )
The foregoing instrument vas acknowledged before me this / j z l day of
• , A.D., 1965, by William D. Bartran as President and A. E.
Mare , r., ass s�sicr�tary of Bartran Homes, Inc., a Colorado corporation.
Wtteives or %wad and official seal.
My c �i ee s am exp i rs s :
— Notary Publi G,
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