HomeMy WebLinkAboutFAHRENBRUCH LEISURE VILLAGE - Filed OA-OTHER AGREEMENTS - 2003-10-21IvMORANDUM OF AGREEMENT
THIS AGFE;"77, made and entered into this 24th day
of October____ __A > D. 19 _�L__3 by and bewtween THE CITY CF FORT
COT,LINS, a mu:_:cipal co_grr.ticn, hereinafter designated as first party,
and Jack Fahrenbruch
Hercir.^.f' ccsig r`.ed as second party, WITNESSETH:
WIiE3^!,28, -,nd party has heretofore submitted a subdivision
plat of the su 3ic-hion to be known as Fahrenbruch IAisure VillaEt First F ling
Fo= appr„-,Tal b , ^.e PI°uui:;ipal Planning and Zoning Board and
the City GOU=il of the City of Fort Collins, and
2_ceptable to First party
and first party°s Planning c_d Zoning Bca.rd, subject to construction of
utilities `n arcs to be __)divided,
Nall THER FORE3 i� consideration of the premises and the terms
of this agr^emer:t. it is mu`..;.olly agreed as follows:
1, First p^.rt.y agree,, that said subdivision plat shall be,
and the same is herc` y ap rosad>
2� I i cc' " . _at : 7 of the approval of said plat by first
party, and f r;t par{, P'_-n_iing and Zoning Board, second party agrees
as £o7_lcv
(A.) To s ebrait to first party the following detailed
improvement pl^ns, e t.o the first party:
(-.1.) A r: a cf the proposed water distribution system
including t".e conr,c':,`.^ r-'.;:'.'nos to the points of connection to the
first partyts e:i.:t'_ icter d:istribu.!,icn system and showing all valves
and fire hy-_".,`-,
(^.) Plan^ end profiles of the proposed sanitary sewer
system i.ne'_,.'. r all ma.n': lee and connections to the first partyts
PETITION
To the Honorable Mayor and
City Council of the City of
Fort Collins,, Colorado
Comes now Leisure Village, Inc., Ted Kellums and Leslie
Allison and petitions the Council of the City of Fort Collins to
vacate the following described easements in Fahrenbruch Leisure
Village, Inc,., 2nd filing, to wit:
Easement No. 1: A 12.00 footeasement between
Lots 8 and 9, Fahrenbruch Leisure Village,
Second Filing, Fort Collins, Colorado, whose
centerline is more particularly described as
follows: Begin at the NW corner of Lot 9 of
Fahrenbruch Leisure Village, Second Filing and
run thence N. 89045' E. 145.00 feet; thence
South 94.06 feet;
Easement No. 2: The South 6.00 feet of Lots 4
and 12, Fahrenbruch Leisure Village, Second
Filing, Fort Collins, Colorado.
Petitioner states that said easement has never been opened,
or used by the public, nor has the City of Fort Collins ever expended
any money upon said easement, and that rights of way for utilities
have been provided and there will be no adverse effect on any utility
service due to the vacation of such easement and that said easement
will serve no useful purpose.
Respectfully submitted,
ALLEN, MITCHELL AND ROGERS
/i
By
Attorney for Petit er
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 13th day
of February A. D. 19 68 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Fahrenbruch Liesure Village, Inc.
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Fahrenbruch Liesure Village Third Filing
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 partyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NOV. THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First 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
I
irst 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 partyts
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 partyts 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
practices 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 subdividerls 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 hereto affiitod attest
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the 4th day of n„a
A. D., 19 68 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
i
cityC erc
l
APPROVED/
ty Engineer
THE CITY OF FORT COLLINS.
A Municipal Corporation
Mayor
First Party
Fahrenbruch Liesure Village Inc.
(SE�L}�.'
i J
econd Party
330Ki,JU1 PACE
e
ARTICLES OF INCORPORATION
OF
STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC.
The undersigned person(s) acting as incorporator(s) of
a corporation under the Colorado Nonprofit Corporation Act, sign,
and acknowledge the following Articles of Incorporation for such
corporation.
FIRST: The name of the corporation is STANFORD TRIPLEX
HOME OWNERS ASSOCIATION, INC.
SECOND: The period of its duration is perpetual.
THIRD: The purpose or purposes for which the corporation
is organized are to promote the health, safety and welfare of the
residents within Lots 24 through 35, the streets, easements and common
area adjacent thereto designated as Tract C in Fahrenbruch Leisure
Village Third Filing, including the replat of Lots 8, 9, 10, 11, 12,
13 and a portion of Lot 4 of Fahrenbruch Leisure Village Second
Filing, situate in the NW 1/2 of Section 25, Township 7 North, Range
69 West of the 6th P.M., now in the City of Fort Collins, County of
Larimer, Colorado, and such additions thereto as may hereafter be
properly brought within the jurisdiction of this corporation, here-
inafter referred to as "the properties" and for this purpose to:
A. own, acquire, build, operate, and maintain recreation
parks, playgrounds, common areas, streets, footways, including
buildings, structures, personal properties incident thereto, herein-
after referred to as "the common properties and facilities";
B. To maintain unkempt lands or shrubberies;
C. Supplement or provide utility services such as street
lights and similar services;
D. Fix assessments to be levied against the properties,
BOCXlJ81 ?AGE I11
E. Enforce any and all covenants, restrictions and agree-
ments applicable to the properties;
F. Pay taxes, if any, on the common properties and
facilities;
G. Insofar as is permitted by law to do any other thing
that, in the opinion of the hoard of. Directors of this Corporation,
will promote the common benefit and enjoyment of the residents of
the properties;
H. Rent, purchase, acquire and use, and to encumber, mort-
gage, pledge, sell and dispose of, real and personal property of any
kind or sort; and borrow money upon such terms and conditions as
its Board of Directors shall approve. Instruments of conveyance or
encumbrance, evidence: of indebtedness, or other undertaking on the
part of STANFORD TRIFLE: HOME OWNERS ASSOCIATION, INC. shall be
adequate and effective if executed by either the President or Vice
President of the Corporation and attested by the Secretary or Assist-
ant Secretary, authorized thereunto by action of the Board of Directors.
FOURTH: The address of the initial registered office of
the Corporation is 917 Edwards Street, Fort Collins, Larimer County
Colorado, 80521, and the name of its initial registered agent at
such address is Leslie R. Allison.' ,
FIFTH: The address of the principal office is 917 Edwards
Street, Fort Collins, Larimer County, Colorado, 80521.
SIXTH: The number of directors constituting the initial
Board of. Directors of the Corporation is three (3), and the names
and addresses of the persons who are to serve as the initial direc-
tors are:
-2-
B'Ce1q'j'b1 vnCE 71�
NAME ADDRESS
Leslie R. Allison 917 Edwards Street
Fort Collins, Larimer County
Colorado, 80521
Ted L. Helluins 1933 Sheeley Drive
Fort Collins, Larimer County
Colorado, 80521
Clarissa F. Allison 917 Edwards Street
Fort Collins, Larimer County
Colorado, 80521
I ncorporator(s) )
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
f.62tr•,.)_'day of March, 1968, by Leslie R. Allison, Ted L. Y,e llums,
"•.:and:Clarissa F. Allison.
In witness whereof I have hereunto my hand and seal.
My commission expires July 1, 1971.
-
Notary ublic
-3-
I PAEE728 Recorded b1AR 't- 19
a :.5..........o clack..�...M. _..._.................._..,
U
Reception No........ S
J RECORDER'S STAMP
THIS DEED, Made this
day of March STATE DOCUMENTARY FEE
in the year of our Lord one thousand nine hundred and SiXty eight
between LEISURE VILLAGE, INC. MAR 13 1968
a corporation duly organized and existing under and by virtue of the laws Sw-�:_ rJ�
of the State of Colorado, of the first part, and STANFORD TRIPLEX
HOME OWNERS ASSOCIATION, INC., A Colorado Corporation
Of the County of Larimer
and State of Colorado, of the second part;
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
TEN DOLLARS ($10.001 and other valuable consideration --------- >ffammr,
to the said party of the first part., in hand paid by the said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant,
bargain, sell, convey and confirm unto the said part y of the second part, its heirs and assigns
forever, all the following described lot or panel of land, situate, lying and being in the
County of Larimer and State of Colorado, to -wit:
A tract of land situate in the North West one -quarter of
Section 25, Township 7 North, Range 69 West of the 6th P.M.,
in the City of Fort Collins, which considering the North line
of said North West one -quarter as bearing N. 89045' E. and with
all bearings contained herein relative thereto is contained
within the boundary lines which begin at a point which bears
N. 89045' E. 2154.10 feet, and again S. 00008'25" E. 1318.65
feet and again S. 89051'35" W. 60.00 feet from the Northwest
/ corner of said Section 25, and run thence S. 89051'35" W.
250.00 feet along the South line of the Northeast one -quarter
of said North West one -quarter; thence N. 00008'25" W. 522.03
' feet; thence N. 39051'35" E. 250.00 feet to a point on the
Westerly right-of-way line of Stanford Road, thence S. 00008125"
E. 521.63 feet along said Westerly right-of-way line to the
point of beginning.
Together with all and singular the hereditaments and appurtenances thereinto belonging, or in anywise apper•
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND
TO HOLD the said premises above bargained and described with the appurtenances, unto
the said party of the second part,
its heirs and assigns forever.
And the said party of the first part, for itself and its successors covenants and agrees to and with the said
part y of the second part, its heirs and assigns, the above bargained premises in the quiet and
peaceable possession of the said part y of the second part, its heirs and assigns against all and
every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said
party of the first part, to WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part ham caused His corporate name to is hereunto
subscribed by its President, and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
Attest:
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Larimer
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�'• "Net.er Pubib.
No. 16-13. SPECIAL WARRANTY RI!IP.R—Cereau[bn.—end2aed-Roblvon Printing Comomr. 1641e abut Strteq Denver. Colorado
•I[ h, nat... I person n to an. hero Inwrt n mo or no--: It be ne.vo .sting In rnpmenYllea oe Ifi".1 ..on, or iu
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Recorded at.. I -
Reception No..... `.!.2,,.� t. 1.•`_.X_�.. \ .........
THIS DEED, Made this 19th day of March , 1968 ,
between
ISTANFORD TRIPLEX HOME: OWNERS ASSOCIATION, INC.
a corporation duly organized
end existing under and by virtue of the laws of the State of Colorado
of the first part, and
LESLIE R. ALLISON and CLARISSA F. ALLISON
BOOK 1t381 PACE 811
FILING STAMP
STATE 000UMEXIAAY HE
MAR 19 1S68
of the Count, of Larimer f .11lfr—
and State of Colorado, of the second. Dart:
WITNESSETH: That the said party of the first part, for and in can. _
eideration of the sum of
EN DOLLARS ($10.00) and other Valuable Consideration -------- VAXR4=
to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged,
has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto
the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate,
lying and being in the County of Larimer and State of Colorado, to wit:
Lots 24, 26, 29, 31, 34, and 35 in Fahrenbruch Leisure Village
Third Filing, including the replat of Lots 8, 9, 10, 11, 12,
13 and a Portion of Lot 4 of Fahrenbruch Leisure Village
Second Filing, situate in the NW; of Section 25, Township 7
North, Range 69 West of the 6th P.M., now in the City of Fort
Collins, Colorado; including their proportionate rights and
obligations for the common areas as set forth in detail under
that certain Declaration dated March 19, 1968 and recorded
of even date.
(ACTUAL CONSIDERATION LESS THAN $100.00)
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues end profits thereof; end all
the estate, right, title, interest, claim and demand whatsoever of the said party pf the first part, either in law all
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for.
ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and
agree to and with the said parties all the second part, the survivor of them, their assigns and the heirs and assigns
of such survivor, that at the time o:' the emealiog and delivery of these presents, it is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, as-
sessment and encumbrances of whatever kind or nature seever.
and the above bargained premises, in the Quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
Iaivfully claiming or to claim the whole or any part thereof, the said party of the fist part shall and will WARRANT
AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto sub-
scribed by its President and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
> I - STANFOR TRIPLEX HOME OWNERS
.__�?c.!-^-- .c,<k._ _. �fi�c.�e.-�J AS.SOC T30N,../IN/�C��.._.. ..............
T / l... 1 a ..�1� oa.i
�
STATE OF COLORADO, , Peu:aent
it
} ea.
........................ County of ....... La>; mgiF.........._......
The foregoing g 19th day of March
g g instrument was acknowled ed before ma thin
1968 ,by Leslie R. Allison as President and `
Clarissa F. Allison a secretary of
Stanford Triplex Home Owners Association, Inc., .a xM1tporaE;atv.: I'
My notarial eommiasion expires 1970 (.•
Witness my hand and official seal.
.Il r
No. 929. wwnrtwrvsv neep—y..,s c..v,,..n... ,. ,.i„t ies.m..
A pti' �7
I(iA 1 PhGE01 Recorded aG_i.. _(..._.....o'dack......M., .__..........._............... ...�1.._............._J.
Reception N.-_... ...1.............. ......4.................. _.............
THIS DEED, Made thia 19th day of March , is 68.
betrveen
STANFORD TRIPLEX HOME OWNERS ASSOCIATION, II4C
a corporation duly organized
and existing under and by virtue of the laws of the State of Colorado
of the first part, and
TED L. KELLUMS and ESTHER XELLUMS
FILING STAMP
STATE ROERWENFARY FEE
MAR 19 1968
of the County of Larimer I 5,,.7„e mt't-
and State of Colorado, of the second ;part:
IVITNESSETH: That the said party of the first part, for and in con-
sideration of the cum of
EN DOLLARS ($10.00) and other valuable consideration -------- &HXIt=
to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged,
has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto
the said parties of the second an, not in tenancy in common but in joint tenancy, the survivor of them, their assigns
and the heirs and assigns of such eurvivor forever, all the following described lot or parcel of land, situate, -
lying and being in the County of Larimer and State of Colorado, to wit:'
Lots 25, 27, 28, 30, 32, and 33 in Fahrenbruch7Leisure Village
Third Filing, including the replat of Lots 8, 9, 10, 11, 12,
13 and a Portion of Lot 4 of Fahrenbruch Leisure Village
Second Filing, situate in the NW; of Section 25, Township 7
North, Range 69 West of the 6th P.M., now in the City of Fort
Collins, Colorado,: including their proportionate rights and
obligations for the common areas as set forth in detail under
that certain Declaration dated March 19, 1968 and recorded
of even date -
(ACTUAL CONSIDERATION LESS THAN $100.00)
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or
equity, of, in end to the above bargained premises, with the heredi[am ents and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for-
ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and
agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns
of such survivor, that at the time of the cascading and delivery of these presents, it is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
has good right, full power end lawfrd authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and Chet the same are free and clear from all former and other grants, bargains, sales, liens, taxes, ss-
sessment and encumbrances of whatever kind or nature spaver.
and the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT
AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto eub-
scribed by its President and its corporate seal to be hereunto affixed, attested by its
I Secretary, the day and year first above written.
STANFO %TRIPLEX HOME OWNERS
......
�`iti`...... `�. ..41 ASSO. TS.O.N.,.....lyY� _..........._.._..
s
STATE OF COLORADO, r�fe.at
es.
........................�op�ty of...._Lar mer......I �
The foregoing instrument was acknowledged before me hie 19 th day of March -
19 68 , by Leslie R. Allison as President and
Clarissa F. Allison as Secretary ot.�;
Stanford Triplex Home Owners Association, Inc., •. eurporarddlf.'
My notarial commission expiresZv, r t
Witness my hand and official seal.
7.
xot.� via
No. 929. wA.RANTY DEED. —From CamavnD n In velar TenmW
Y—DrnJfmd P. With... V... 19341e 61eut tul . D—tv. C 1l da
LT
DECLARATION OF PROTECTIVE
COVENANTS AND RESTRICTIONS
This Declaration, made this l9" 'day of �JJ zE,arfi� ,
1968, by the undersigned.
WITNESSETH:
WHEREAS, the undersigned are all the owners and security
interest holders of the property described in Article II of this
declaration and desire to create thereon a residential community
with permanent parks, playgrounds, open spaces, and other common
facilities and services for the benefit of said community; and
WHEREAS, the undersigned desire to provide for the
preservation of the values and amenities in said community for
the maintenance of said parks, playgrounds, open space and other
common facilities and services, and, to this end desire to subject
the real property described in Article II together with such
additions as may hereafter be made thereto, as provided in
Article II, to the covenants, restrictions, easements, assessments
and liens, hereinafter set forth, each and all of which is and
are for the benefit of said property and each owner thereof;
NOW, THEREFORE, the undersigned declare that the real
property described. in Article II_, and such additions thereto as
may hereafter be made pursuant to Article II hereof, is and shall
be held, transferred, sold, conveyed, encumbered, and occupied
subject to the covenants, restrictions, easements, assessments,
charges and liens hereinafter set forth.
ARTICLE I. DEFINITIONS
Section 1.. "Association" shall mean and refer to STANFORD
TRIPLEX HOME OWNERS ASSOCIATION, INC., its successors and assigns.
Section 2,. "The Properties" shall mean and refer to all
such existing properties, and additions thereto, as are subject
to this declaration or any supplemental declaration under the
provisions of Article II hereof.
c.-d ir.cluC tg nl.l storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
ra_ty of the second part, excepting only Item (3) electrical distribution
sy;temo All material required for street lights are to be paid for by
pasty of t;.ie seoor_d part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
3'cr mai s, sonitary sewer maize; or st.,rm eew�r mains to be constructed
1.4Lhin th.e subdivision than would be required by standard engineering
to serve the subdivician, in order to properly extend these
„_-vices to other areas, the City of Fo-^t Collins will pay a portion of
t-.e cost of such enlarged facili*3r be.;ed on prnrat°nr. of the cost of the
=t lly eenstru:eted d 1 v e cos'. of ^u a facility as
'I,-- s,xbdivider°s apprc•r^d pl.zn, Sc^il p::-re.t_^:, c£ costs between
City cf port Collins and t'. c:bdivider s�all be determined in advance
c" c::^tra^t4on by the City Engineer and in the event of any dispute this
".il Le cubrutted to the City Council for final determination.
.-:,cam .mrn^^ fire p.^-'-y has taus �d these presents to
I?d ii.Ci�eto t,.._�_��^�, i
sif,nr:i by -'_t, Mcyor and its ccapsrate seal to be here' ttest
to by i' , Citz ; _.:k, p^r c^.at to motion of the Coun^il of the City of
t Col,_; ., c' ,aed the nth day of
October
A. D., 1.9 66 ., :and second party h-.c hereto set his h=:n.d and seal the day
i ye^r «-st :'aercinabove r-ritten.
THE CITY GI FORT COLLINS.
A Mun;_cir.-al Corporation
Ey'
I"1 y cG
Fie Party
I..TL'ST.
0
Section 3. "Common Properties" shall mean and refer to
those areas, together with all improvements located thereon, shown
on any recorded subdivision plat of The Properties and intended to
be devoted to the common use and enjoyment of the owners of the
properties, and their tenants.
Section 4. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision plat of The Properties with
the exception of Common Properties as heretofore defined.
Section 5. "Living Unit" shall mean and refer to any
portion of a building situated. upon The Properties designed and
intended for use and occupancyasa residence by a single family.
Section 6. "Multi -family Structure" shall mean and refer
to any building containing two or more Living Units under one roof
except when each such living unit is situated upon its own
individual lot.
Section 7. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any Lot or Living Unit situated upon The Properties but,
notwithstanding any applicable theory of the mortgage, shall not
mean or refer to the mortgagee unless and until such mortgagee has
acquired title pursuant to foreclosure or any proceeding in lieu
of foreclosure.
Section 8. "Member" shall mean and refer to all those
owners who are members of the Association as provided in Article III,
Section 1, herecf.
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS
THERETO.
Section 1. Existing Property. The real property which
is, and shall be, held, transferred, sold, conveyed, encumbered,
and occupied subject to this Declaration is described as follows:
- 2 -
Lots 24 through 35, the streets, easements and common
area adjacent thereto designated as Tract C in Fahren-
bruch Leisure Village Third Filing, including the
replat of Lots 8, 9, 10, 11, 12,-13 and a portion of
Lot 4 of Fahrenbruch Leisure Village Second Filing,
situate in the NWT of Section 25, Township 7 North,
Range 69 West of the 6th P.M., now in the City of Fort
Collins, County of Larimer, Colorado.
all of which real property shall hereinafter be referred to as
"Existing Property."
Section 2. Additions to Existing Property. Additional
lands may become subject to this Declaration in the following
manner:
a. Additions in accordance with a General Plan
of Development. Stanford Triplex Home Owners Association, Inc.,
its successors and assigns, shall have the right to bring within
the scheme of this Declaration additional properties in future
stages of the development.
The additions authorized under this and the
succeeding subsection, shall be made by filing of record a
Supplementary Declaration of Protective Covenants and Restrictions
with respect to the additional property which shall extend the
scheme of the covenants and restrictions of this Declaration to
such property.
Such Supplementary Declaration may contain such
complementary additions and modifications of the covenants and
restrictions contained in this Declaration as may be necessary to
reflect the different character, if any, of the added properties
and as are not inconsistent with the scheme of this Declaration.
In no event, however, shall such Supplementary Declaration revoke,
modify or add to the covenants established by this Declaration
within the Existing Property. _
b. Other Additions. Upon approval in writing
of the Association pursuant to a vote of its members as provided
in its Articles of Incorporation, the owner of any property who
- 3 -
desires to add it to the jurisdiction of the Association, may file
of record a Supplementary Declaration of Covenants and Restrictions,
as described in Subsection a. hereof; provided, however, that the
Owner of property listed among the excepted properties or lots in
Article II, Section 1, if any, may add such property to the
jurisdiction of the Association and subject it to this Declaration
simply by ratifying this Declaration in the manner provided by law.
C. Mergers. Upon a merger or consolidation of
the Association with another association as provided in its
Articles of Incorporation, its properties, rights and obligations
may, by operation of law, be transferred to another surviving or
consolidated association or, alternatively, the properties, rights
and obligations of another association may, by operation of law,
be added to the properties, rights and obligations of the Associa-
tion as a surviving corporation pursuant to a merger. The surviving
or consolidated association may administer the covenants and
restrictions established by this Declaration within the Existing
Property together with the covenants and restrictions established
upon any other properties as one scheme. No such merger or
consolidation, however, shall effect any revocation, change or
addition to the covenants established by this Declaration within
the Existing Property except as.hereinafter provided.
ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE CLUB
Section 1, Member. Each person or entity who is a record
owner of a fee, or undivided fee, interest in any Lot or Living
Unit which is subject by covenants of record to assessment by the
Association shall be a member of the Association, provided that
any such person or entity who holds such interest merely as
security for the performance of an obligation shall not be a member.
Section 2,. Voting Rights. Members shall be all those
owners as defined in Section 1 and shall be entitled to one (1)
vote for each Lot or Living Unit in which they hold the interest
- 4 -
required for membership by Section 1. When more than one person
or entity holds such interest or interests in any Lot or Living
Unit all such persons shall be members and the vote for such Lot
or Living Unit shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with
respect to any such Lot or Living Unit and when Living Units are
counted the lots upon which said Living Units are situated shall
not be counted.
ARTICLE IV. PROPERTY RIGHTS IN THE COMMON PROPERTIES
Section 1. Members' Easements of Enjoyment. Subject to
the provisions of Section 2, every Member shall have a right and
easement of enjoyment in and to the common Properties and such
easement shall be appurtenant to and shall pass with the title to
every Lot or Living Unit.
Section 2. Extent of Members' Easements. The rights and
easement of enjoyment created hereby shall be subject to the
following:
a. The right of Stanford Triplex Home owners
Association, Inc., and of the Association, in accordance with its
Articles and By -Laws, to become indebted for the purpose of im-
proving the Common Properties and in aid thereof to mortgage said
properties. In the event of a default upon any such mortgage the
lender shall have a right, after taking possession of such
properties, to charge reasonable admission and other fees as a
condition to continued enjoyment by the members and, if necessary,
to open the enjoyment of such properties to a wider public until
the mortgage debt is satisfied whereupon the possession of such
properties shall be returned to the Association and all rights of
the Members hereunder shall be fully restored; and
b. The right of the Association to take such
steps as are reasonably necessary to protect the above -described
properties against foreclosure; and _
- 5 -
C. The right of the Association, as provided in
its Articles and By -Laws, to suspend the enjoyment rights of any
Member for any period during which any assessment remains unpaid,
and for any period not to exceed thirty (30) days for any infrac-
tion of its published rules and regulations; and
d.. The right of the Association to charge
reasonable admission and other fees for the use of the Common
Properties; and
e. The right of the Association to dedicate or
transfer all of any part of the Common Properties to any public
agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Members, provided that
no such dedication or transfer, determination as to the purposes
or as to the conditions thereof, shall be effective unless an
instrument signed. by Members entitled to cast two-thirds (2/3)
of the votes has been recorded, agreeing to such dedication,
transfer, purpose or condition, and unless written notice of the
proposed agreement and action thereunder is sent to every Member
at least Ninety (90) days in advance of any action.
ARTICLE V. COVENANT FOR ASSESSMENTS
Section 1.. Creation of the Lien and Personal Obligation
of Assessments. Each of the undersigned, for each Lot or Living
Unit owned by it or him within The Properties hereby covenants,
and each other Owner of any Lot or Living Unit by acceptance of
a deed therefor, whether or not it shall be so expressed in any
such deed or other conveyance, shall be deemed to covenant and
agree to pay to the Club; (1) monthly assessments or charges;
(2) special assessments for capital improvements; such assessments
to be fixed, established, and collected from time to time as
hereinafter provided. The monthly and special assessments,
together with such interest thereon and costs of collection thereof
as hereinafter provided, shall be a charge on the land and shall
be a continuing lien upon the property against which each such
- 6 -
assessment is made. Each such assessment, together with such
interest thereon and cost of collection thereof as hereinafter
provided, shall also be the personal obligation of the person who
was the Owner of such property at the time when the assessment
fell due.
Section 2. Purpose of Assessments. The assessments levied
by the Associationshall be used exclusively for the purpose of
Promoting the recreation, health, safety, and welfare of the
residents in The Properties and in particular for the purchase,
improvements, and maintenance of properties, services, and
facilities devoted to this purpose and related to the use and
enjoyment of the Common Properties and of the homes situated upon
The Properties, including, but not limited to, the payment of taxes
and insurance thereon and repair, replacement, and additions
thereto, and for the cost of labor, equipment, materials, manage-
ment, and supervision thereof.
Section 3. Basis and Payment of Annual Assessments.
a: The annual assessments with respect to each Lot
of Living Unit shall be estimated by the Board of Directors prior
to the conveyance of the first Lot and shall be payable in equal
monthly installments.
b. The Board of Directors of the Association shall
determine as of March 1st in each year whether or not a deficiency
exists with respect to the annual assessments and shall bill all
Owners for Lots and for Living Units such deficiency with the
April 1st monthly bill.. Should the Board deem a surplus to exist,
pro rata credit shall be given to each Owner on a uniform basis to
be credited first against the April 1st payment and any excess
credit to be given on the payments due each succeeding month.
c. At the time the Board of Directors of the
Association makes the determinations set forth in Paragraph b.
above, it shall determine the assessment rate for the next ensuing
year and shall apply the new annual assessment rate for monthly
installments effective as of April 1st of each year.
d. Monthly assessments shall be payable on or
before the tenth (loth) day of each month, but shall be and become
a lien as of the date of the annual assessment as hereinafter
provided. Written notice of the annual assessment shall be sent
to every Owner immediately following the assessment date,as pro-
vided in Paragraph c, above. The Association shall upon demand
at any time furnish a certificate in writing signed by an officer
of the Association setting forth whether the assessments on a
specified lot have been paid. A reasonable charge may be made by
the Board for the :Lssuance of these certificates. Such certifi-
cates shall be conclusive evidence of payment of any assessment
therein stated to have been paid.
Section 4. Special Assessments for Capital Improvements.
In addition to the monthly assessments authorized by Section 3
hereof, the Association may levy a special assessment, applicable
to succeeding 12 months only, for the purpose of defraying, in
whole or in part, the cost of the purchase of any rights or the
cost of any construction or reconstruction, unexpected repair or
replacement of a described capital improvement upon the Common
Properties, including the necessary fixtures and personal property
related thereto, provided that any such assessment shall have
the assent of two-thirds (2/3) of the votes of the Members who
vote in person or by proxy at a meeting duly called for this
purpose, written notice of shich shall be sent to all Members at
least thirty (30) clays in advance and shall set forth the purpose
of the meeting.
Section 5. Effect of Non -Payment of Assessment; The
Personal Obligation of the owner; The Lien; Remedies of Club.
If the assessments are not paid on the date when due, then such
assessment shall become delinquent and shall, together with such
interest thereon and cost of collection thereof as hereinafter
provided, thereupon become a continuing: lien on the property which
- 8 -
shall bind such property in the hands of the then owner, his heirs,
devisees, personal representatives and assigns. The personal
obligation of the then Owner to pay such assessment, however, shall
remain his personal obligation for the statutory period and shall
not pass to his successors in title unless expressly assumed by
them.
If the assessment is not paid within thirty (30) days
after the delinquency date, the assessment shall bear interest
from the date of delinquency at the rate of 88 per annum, and the
Association may bring an action at law against the owner personally
obligated to pay the same or to foreclose the lien against the
property, and there shall be added to the amount of such assess-
ment the costs of preparing and filing the complaint in such
action, and in the event a judgment is obtained, such judgment
shall include interest on the assessment as above provided and a
reasonable attorney's fee to be fixed by the court, together with
the costs of the action.
Section 45. Subordination of the Lien to Mortgages. The
lien for the assessments provided for herein shall be subordinate
to the lien of any mortgage or mortgages now or hereafter placed
upon the properties subject to assessment; provided, however, that
shuch subordination shall apply only to the assessments which
have become due and payable prior to a sale or transfer of such
property pursuant to a decree of foreclosure, or any other
proceeding in lieu of foreclosure. Such sale or transfer shall
not relieve such property from liability for any assessments
thereafter becoming due, nor from the lien of any such subsequent
assessment.
Section 7. Exempt Property. The following property
subject to this Declaration shall be exempted from the assessments,
charge and lien created herein: (a) all properties to the extent
of any easement or other interest therein dedicated and accepted -
by the local public authority and devoted to public use; (b) all
- 9 -
Common Properties as defined in Article I, Section 2 hereof;
(c) all properties exempted from taxation by the laws of the
State of Colorado.
Notwithstanding any provisions herein, no land or im-
provements devoted to dwelling use shall be exempt from said
assessments, charges or liens.
ARTICLE VI. ARCHITECTURAL CONTROL AND RESTRICTION
Section 1. No building, fence, wall or other structure
shall be commenced, erected or maintained upon the Properties,
nor shall any exterior addition to or change or alteration therein
be made until the plans and specifications showing the nature,
kind, shape, height, materials, and location of the same shall
have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding
structures and topography by the Board of Directors of the
Association, or by an architectural committee composed of three
or more representatives appointed by the Board. In the event
said Board, or its designated committee, fails to approve or
disapprove such design and location within thirty (30) days after
said plans and specifications have been submitted to it, approval
will not be required and this Article will be deemed to have been
fully complied with.
Section 2. No tent, trailer, shack, garage, barn or
other out -building erected on any lot covered by these covenants
shall at any time be used for human habitation, temporarily or
permanently nor shall any structure of a temporary character be
used for human Habitation.
Section 3. No lot shall be resubdivided into smaller
building sites, nor conveyed or encumbered in any less than the
full original dimensions as originally conveyed by STANFOU
TRIPLEX HOME OWNERS ASSOCIATION, INC. without written approval
of the Board of Directors of the Architectural Committee.
10 -
Nothing herein contained shall prevent the dedication or con-
veyance of portions of lots for additional easements for public
utilities.
Section 4. No retail, wholesale, manufacturing, repair,
businesses, professional offices, or home occupations of any
kind, shall be permitted on any lot or in any Living Unit or
appurtenant structure. No activity which may be or become an
annoyance or nuisance to the neighborhood shall be carried on
upon any lot or in any single-family Living Unit or appurtenant
structure. No signs, advertisements, bill boards or advertising
structures, of any kind may be erected or maintained upon any
of the building sites. No tanks for the storage of gas, fuel
oil, or any other matter shall be erected,.placed or permitted
above the surface upon any lot.
Section 5. All clothes line equipment, service yards,
woodpiles or storage piles shall be screened so as to conceal
them from the view of neighboring lots or streets.
Section 6. No trash burning shall be permitted on any
lot. All rubbish and trash shall be promptly removed from the
lots and shall not be burned in the Subdivision, except in a
facility approved by the Architectural Control Committee.
Section 7. Each Living"Unit shall have an approved
garbage disposal unit connected to the plumbing. Such unit shall
be in operating condition whenever the dwelling is occupied and
shall be used for garbage disposal.
Section 8. Each owner of a lot shall be responsible
for keeping shrubs, trees and other plantings on such lot in
an attractive condition and compatible with adjacent common
areas. In the event of failure to do so, the Association shall
be empowered to take necessary steps to care for such plantings
at the expense of the lot owner.
RATIFICATION OF PLAT
WHEREAS, Jack Fahrenbruch, by deed recorded February 23, 1966,
in Book 1320 at Page 526 of the Larimer County records, conveyed a portion
of the NW' of Section 25, Township 7 North, Range 69 West of the 6th P. M.
to the City of Fort Collins for a right of way for public road and for public
easements, and
WHEREAS, the property described in said conveyance has been platted
and dedicated as a public street in the Plat of Fahrenbruch Leisure Village,
First Filing, filed in the office of the County Clerk and Recorder of Larimer
County, Colorado, on October 26, 1966; and
WHEREAS, said plat has been approved by the Planning and Zoning Board
and the Council of the City of Fort Collins and the intent of said deed recorded
in Book 1320 at Page 526 above described was to insure the location of a road
as now provided in said Plat;
NOW THEREFORE, the City of Fort Collins ratifies said plat and further
agrees that the deed to the City of Fort Collins recorded in Book 1320 at Page 526
was for the purpose of providing a public road over the described property and
the City makes no further claim thereon than as provided on said Plat,
CITY OF:F'ORT,, COLLI s
B / L
City nage
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _ day of
August, 1967, by , City Manager of the City of
Fort Collins,
Witness my hand and official seal.
My commission expires:
Notary Public
Section 9. In the event an owner of any Lot in the
Properties shall fail to maintain the premises and the improvements
situated thereon in a manner satisfactory to the Board of Directors,
the Association, after approval by two-thirds (2/3rds) decision of
the Board of Directors, shall have the right, through its agents
and employees, to enter upon said parcel and to repair, maintain,
and restore the Lot and the exterior of the buildings and any other
improvements erected thereon. The cost of such exterior maintenance
shall be added to and become part of the annual assessment to which
such Lot is subject.
ARTICLE VII. USE RESTRICTIONS
Section 1. The use of the Common Area shall be subject
to the restrictions set forth in Article IV, Section 1, and to those
restrictions hereinafter set forth.
Section 2. No use shall be made of the Common Area which
will in any manner violate the statutes, rules or regulations of
any governmental authority having jurisdiction over the Common Area.
Section 3. No Owner shall place any structure whatsoever
upon the Common Area, nor shall any Owner engage in any activity
which will temporarily or permanently deny free access to any part
of the Common Area to all members.
Section 4. That part of the plat of. Fahrenbruch Leisure
Village Third Filing designated as Tract C, providing access from
Stanford Road between Lots 25 and 26, and the other area of Tract C
running North and South abutting said access point, is hereby made
subject to an easement and right of way for ingress and egress to
the several lots adjoining said land, subject only to the rules and
regulations for such uses and purposes established by the Board of
Directors or the Architectural Committee, which rules and regulations
shall always allow reasonable access through said tract. -
12 _
Section 5. The use of the Common Area shall be subject
to such rules and regulations as may be adopted from time to time
by the Hoard of Directors of the Association.
ARTICLE VIII. GENERAL PROVISIONS
Section 1. Duration. The covenants and restrictions of
this Declaration shall run with and bind the land, and shall inure
to the benefit of and be enforceable by The Club, or the Owner of
the land subject to this declaration, their respective legal repre-
sentatives, heirs, successors, and assigns, for a term of twenty (20)
years from the date this Declaration is recorded, after which time
said covenants shall be automatically extended for successive periods
of twenty (20) years unless an instrument signed by the then Owners
of two-thirds (2/3rds) of the Lots or Living Units has been recorded,
agreeing to change :said covenants and restrictions in whole or in
part; provided, however, that no such agreement to change shall be
effective unless made and recorded one (1) year in advance of the
proposed agreement is sent to every Owner at least ninety (90) days
in advance of any action taken. Provided further, that no changes
in the covenants or restrictions made pursuant to this Section shall
restrict the rights of ingress and egress provided in Section 4 of
ARTICLE VII above.
Section 2. Notices. Any notice required to be sent to
any Member or Owner under the provisions of this Declaration shall
be deemed to have been properly sent when mailed, postpaid, to the
last known address of the person who appears as Member or Owner on
the records of the Association at the time of such mailing.
Section '3. Enforcement. Enforcement of these covenants
and restrictions shall be by any proceeding at law or in equity
against any person or persons violating or attempting to violate
any covenant or restriction, either to restrain violation or_ to
recover damages, and against the land to enforce any lien created
- 13 -
w
by these covenants; and failure by the Club or any owner to enforcdl
U
any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter. m
Section 4. Severability.' Invalidation of any one of
these covenants or restrictions by judgment or court order shall
i
in no wise affect any other provisions which shall remain in full Ci
force and effect.
U
IN WITNESO WHEREOF, and that this Declaration of Protec-
tive Covenants and Restrictions shall be binding upon the undersigned,
their heirs, successors in interest, assigns, personal representatives,
executors and administrators, the same has been signed and executed
the day and year first above written.
rA EST:
CUFF
SeAiO _ . /) OO )
Secretary
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
STANFORD TRIPLEX HOME OWNERS
ASSOCIATION, INC.
By-
C< �D
President
The foregoing instrument was acknowledged before me this
19th day of March, 1968, by Leslie R. Allison
as President and Clarissa F. Allison as Secretary of
STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC., a Corporation.
My notarial commission expires
Witness my hand and official seal.
i
Notary Pubiic
- 14 -
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L[ NT: First American 'title
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FLCSt NntionaL Tower
526 24th Street: -
Fort Collin,, Colorado
8052L Greeley, or �806 -
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EDNARD L. BERLIER, REGISTERED LAND SURVEYOR'10855-.
SCALc DATE DRA''Y
DRAWN BY BOOT( PAGE REVISEDFILE NL^(BER
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MEMC.RABIDUM OF AGR==
THIS AGREHPHIT, made and entered into this _ 4th day -
of February, A. D. 19 71 , by and bewtween THE CITY OF FORT _
COLLINS, a municipal corporation, hereinafter designated as first party,
and Don Real, - -
Hereinafter designated as second party, WITf1ESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Fahrenbruch Leisure Village 3rd Filing.
For approval by the Municipal Planning and Zoning.aoard and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable tofirstparty
and first partyts Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided, -
NOJ, THEREFCRE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First 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 partyts existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary serer
system including all manholes and connections to the first partyts
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) Flans anG profiles of the proposed street drairage
system shoi:2ng the connections to the first partyts 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 secor_d 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 seer mains to be constructed
within the subdivision than would be required by standard engineering
practices 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 ofsuchfacility 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 Tinal determination.
Di WITHESS ;!HEREOF, first party has caused these presents to
be signed by its Mayor and its corpurate seal to be hereto affii^,.d attest
to by its City Clerk, pursuant to motion of the Council of the City of
iort-Collins dated the 4th day of Fehruary
A. D., 19 71,'and second par%, has hereto set his hand and seal the day
and year first herein::bove written.
THE CITY OF FORT COLLLTIS.
A Municipal Corporation
By.
Mayor
First Party
ATTEST:
City Clerk
(SEAL)
^ City � �—
COVENANTS FOR
J M R COMPANY, INC.
WHEREAS the undersigned, J R M Company, Inc., is the owner
of the following described property, to -wit:
A part of Lots 1 and 2 of the Replat of Lots 19, 20, 21,
22, Tract "B" and a Part of Lot -18 of Fahrenbruch Leisure
Village, Third Filing, Fort Collins, Colorado, which begins
at a point on the North line of said Lot 1 which bears
S 89045' W. 24.00 feet from the Northeast corner of said
Lot 1 and run thence S. 00008125" E. 280.00 feet; thence
S 89045' W. 222.62 feet to a point on the West line of
said Lot 2; thence North 265.07 feet; thence along the arc
of a 15.00 foot radius curve to the riaht a distance of
23.50 feet; the long chord of which bears N 44052130" E.
21.17 feet; thence N 89*45' E. 207.00 feet to the point of
beginning; containing 62,190 square feet and being subject
to a utility easement as shown on this plat; and
WHEREAS, the owner has platted said property to provide for
the erection of a triplex and two 4-plexes, containing a total of
11 units, designated as Units A, B, C, D, E, F, G, H, I, J and K; and
WHEREAS, in the construction of said improvements and platting
of the above -described property, there are provisions for green areas
to be planted in grass and shrubbery, parking areas, sidewalks and
access roads; and
WHEREAS, the owner desires to provide for the maintenance of
said common are ss ;
NOW THEREFORE, as covenants running with the above -described
land, the undersigned hereby forms the Fahrenbruch Home Owners'
Association, for the purpose of maintaining the common areas on the
above -described property. Each owner of a unit shall automatically,
by reason of said ownership, be a member of said Fahrenbruch Home
Owners' Association.
At least annually, the members shall elect an executive com-
mittee, who shall have the responsibility of determining the cost of
maintaining the above -described common areas for the ensuing year, and
assess each unit. one -eleventh (1/11th) of the toal cost of
such maintenance. Said assessment shall be a lien upon any unit
failing to pay within thirty (30) days after notification of the
amount of the assessment due; subject, however, to any first mort-
gage placed against any unit.
The executive committee shall have the authority to proceed
in any lawful manner to enforce the lien of the unpaid assessment.
The conveyance of all of the units or of any one or more
of said units shall be made subject to these covenants.
In the event of the failure of the Fahrenbruch Home Owners'
Association to provide for the maintenance, repair, and upkeep of
the common areas, the appropriate department of the City of Fort
Collins shall have full authority to take whatever steps are necessary
to provide for such maintenance, repair and upkeep, and charge
one -eleventh (1/11th) of such expense to each unit.
The owner of each unit shall be responsible for the upkeep,
maintenance and repair of any patio or garden area used solely by any
one unit.
These covenants shall remain in full force and effect so long as
the property above described is used for dwelling units, and has, as
a part thereof, the common areas above described.
These covenants shall run with the land, and shall be binding
upon the heirs, executors and assignes of the undersigned, and subse-
quent owners of any of the above -described units.
Dated this J7 %fl day of * , 1972.
J M R COMPANY INC.
v-
AT'iEST: Pres ent
GGLL��_- �lLir'L-cl�ics�
assess each unit one -eleventh (1/llth) of the toal cost of
such maintenance. Said assessment shall be a lien upon any unit
failing to pay within thirty (30) days after notification of the
amount of the assessment due; subject, however, to any first mort-
gage placed against any unit.
The executive committee shall have the authority to proceed
in any lawful manner to enforce the lien of the unpaid assessment.
The conveyance of all of the units or of any one or more
of said units shall be made subject to these covenants.
In the event of the failure of the Fahrenbruch Home Owners'
Association to provide for the maintenance, repair, and upkeep of
the common areas, the appropriate department of the City of Fort
Collins shall have full authority to take whatever steps are necessary
to provide for such maintenance, repair and upkeep, and charge
one -eleventh (1/11th) of such expense to each unit.
The owner of each unit shall be responsible for the upkeep,
maintenance and repair of any patio or garden area used solely by any
one unit.
These covenants shall remain in full force and effect so long as
the property above described is used for dwelling units, and has, as
a part thereof, the common areas above described.
These covenants shall run with the land, and shall be binding
upon the heirs, executors and assignes of the undersigned, and subse-
quent owners of any of the above -described units.
Dated this r9'7 %%{ day of { Ca,* c , 1972.
AT'.MT :
Corrn*nr-�r
J M R COMPANY INC.
By
President
0
's
AMENDMENT TO PLAT
WHEREAS, Jack Fahrenburch filed with the County Clerk and Recorder
of Larimer County, Colorado, a Plat for Fahrenbruch Leisure Village, First
Filing, on October 26, 1966, and reserved thereon perpetual easements for
the installation and maintenance for utilities and drainage and irrigation
facilities, and
WHEREAS, all right, title and interest of Jack Fahrenbruch has been
conveyed to the undersigned, and the undersigned is the owner of all the property
included within said Plat and desires to amend the same;
NOW THEREFORE, the following described easement as shown on said
Plat, to -wit:
Commencing at the SW corner of Lot 4 of Fahrenbruch Leisure
Village, :First Filing, according to Plat filed October 26, 1966,
now in the City of Fort Collins, Colorado, thence N. 00008125"
W. 6 feet; thence N. 89°45' E. 191. 59 feet; thence S. 12 feet;
thence S. 89045' W. 191. 59 feet; thence N. 00°08'25" W. 6 feet
to the point of beginning;
is hereby vacated and the following described property, to -wit:
Commencing at the SW corner of said Lot 4, thence N. 00° 08'25"
W. 4 feet; thence N. 89045' E. 191.59 feet; thence S. 12 feet;
thence S. 89°45' W. 191.59 feet; thence N. 00°08225" W. 8 feet;
is hereby reserved as perpetual easements for the installation and maintenance
of utilities and drainage and irrigation facilities.
In all other respects said Plat of Fahrenbruch Leisure Village, First
Filing, now in the City of Fort Collins, remains in full force and effect.
Signed and sealed this 1�7 9 day of August, 1967.
ATTEST:
Secretary
STATE OF COLORADO )
) s s,
COUNTY OF LARIMER )
The foregoing instrum
of S glut, 1967, by'
acknowledged before me this � day
President, and
cretary of JRM COMPANY.
Witness my hand and official seal.
My commission expires:
''7 Commu ca e;. !res Aly 9, 1970
Notary Public
APPROVED by the Planning and Zoning Board of Fort Collins this 54ay
of,1967,
PLANNING AND ZONING BOARD OF
BORT LLINS
y
APPROVED by the City Council of Fort Collins, Colorado, this day of
1967,
CITY COUNCIL OF FORT COLLINS,
COLORADO
By
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 24t� h r day
of October A, D. to 66 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Jack Fahrenbruch
Hereinafter designated as second party, WITNESSETH:
ArZiEREAS, se^ond party has heretofore submitted a subdivision
plat of the subdivision to be. known as Fahrenbruch Leisure Villiage, First Village
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
sa'_d 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
of this agreement, it is mutually agreed as follows:
1. Fi.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 partyls Planning and Zoning Board, second party agrees
:.s follows:
(A) To submit to first party the following detailed
improvement play^, acceptable to the first party-
(1) A plan of the proposed water distribution system
including the ccnnecting pipelines to the points of connection to the
first party's existing water distribution system and showing all valves
a.d fire hydra:.t
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first partyls
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party's existing electrical
di strib�7tion �r,tec, arc: including all street lights.
(Q Plans and profiles of all street improvements.
Pla:^.s and profiles of the proposed street drainage
system sharing the connections to the first party's storm sewer system
and includ. ig 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 Derartment 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
p— ctices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
t. cost of such enlarged facility based on proration of the cost of the
fa.ci=S_ty* actually constructed and the estimated cost of such facility as
:o,an on t',e 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 UITNESS WH&P.EOF, first party has caused these presents to
b-e signed by its Mayor and its corporate seal to be here-ttest
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the 6th day of October
A. D., 19 66, 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
Piy�
Fir t Party
i
ATTEST,
City C er c
APPRO'T' :�
Ci£�r :,ineer
,cINO'N
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 20th day
of March A. D. 19 67 , by and bewtween THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Jack Fahrenbruch & John W. Minsball
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Fahrenbruch Liesure Village, Second Fili*
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,
NCWJ THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First 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 party's 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
I
irst party's 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 party's 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 (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
practices 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 subdivideris 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 hereto affixed ^ttest
to by its City Clerk, pursuant to motion of the Council of the City of
--_-- _ _Fort Collins dated theg+,h day of March
A. D., 19_f,7_, 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
1
By Lt
M or
ir Pay
ATTEST:
1 Clerk
City
(SEAL)
APP B 4ec4onar'y
City ngineer