HomeMy WebLinkAboutHARMONY PUD - Filed OA-OTHER AGREEMENTS - 2004-08-10.0 L .� 6 8 1 U 1 , r J ri I964 r.i L.: ,. ! i.r i J
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the P.U.D.
City of Fort Collins , ounty of Larrimer,
State of Colorado
Z' Zg 8Q
The undersigned, fee owner of 1,0 (i W
Property) located in the City of Fort Co D(The
Tins, County of Larimer,Stateof
Colorado, does hereby make the following declarations as limitations,
restrictions; and uses to which the Property may be put, and hereby speci-
fies that these declarations shall constitute covenants to run with all of
the Property and shall be binding on all parties and all persons claiming
under them, and for the benefit of and limitations on all future owners of
all or part of the Property, this declaration being signed for the purpose
of guaranteeing that the Property will be developed and landscaped ini-
tially and %ept in desirable condition in the future as herein specified.
"Owner" shall include the signator to this document and all successors or
assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or con-
servation amenities, as described in the site and landscape plans submitted
to the ns and
installed �in the manner tY of Fort oas�described ninesaid planseunlesshamended pudrsuant
to the approval of the City of Fort Collins. With the exception of lands
necessary for construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and ap-
proved by the City of Fort Collins. It is further understood and agreed
that the owner of the Property, or its assigns or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped areas and other amenities within said P.U.D. together with
all parking, sidewalks and open space areas and all areas otherwise uti-
lized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agreement, the
City of Fort Collins upon notifying said owner in writing of the matters in
regard to which default is asserted and should the owner fail either to
cure said default within thirty (30) days after receipt of such notice or
to commence within twenty (20) days to rectify such default until it is
fully rectified or cured, then the City of Fort Collins shall have the
right (1) to obtain, in the District Court of Larimer County, Colorado, a
mandatory injunction requiring rectification of the default, or (2) to
enter upon said property and perform the work necessary to replace said
improvements or maintain the same and the owner shall pay or cause to be
paid to the City of Fort Collins such sums necessary to reimburse said City
of Fort Collins for the labor and material expended to complete or maintain
said improvements which payment shall be made within ten (10) days after
receipt of billing. The sum due and unpaid shall accrue interest at the
statutory rate for judgements from the date that such sum is due. If said
82268 P1, 9
i b2mo1
billing is riot paid, then the City of Fort Collins pursuant to the author-
ity granted by these covenants, shall have a lien on the above described
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; pro-
vided, however, that the City of Fort Collins shall not have a lien against
any single-family lots and improvements thereto within the Property, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to Colorado law for en-
forcement of liens against real property and may also, at its discretion,
without waiving any other rights it may have pursuant to law, proceed
directly with legal action against the owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protggctive Covenants for the real property platted as "The
s je�wawlP.U.D." which real property shall include the property
hese Covenants.
DATED this 22 day of IS& , 19-8
Owner
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER ) -
The foregol . ngiflstrumerA was ackno ledged before me his oc 7 7 ay of
19& byas .
{- as and
My Commission expires: 1-1- 301?6
Witness my hand and official seal.
Notar P b fc
-2-
AGREEMENT
AGREEMENT made this 27th day of Februar 1984.
BY AND BETWEEN fieMAR MEADOWS, INC. , a Colorado,%/,yV,'/,,`«
corporation, and ALMA H. WEST (Near) f'1'y�
AND RONALD N. GISELMAN (Giselman).
STATEMENT OF BACKGROUND INFORMATION
A.-N.&Rar-"owns property to the north and east of property
being developed by Giselman. The legal description of the
property owned by Nomar is described on Exhibit A attached hereto
and made a part hereof. The property which Giselman has an
option to purchase and which Giselman is developing is described
on Exhibit B attached hereto and made a part hereof.
B. There is an irrigation ditch across the Nemar property
and this ditch also is across the property being developed by
Giselman. The ditch will be located under the street of
Kensington Drive'n the rogerty being developed by Giselman.
C. bWmpar iS concd`rned about the maintenance of said
irrigation ditch so that the flow of water through the ditch on
the property being developed by Giselman does not affect the use
ti c:yr�<'.ye•�1�%'� k'
of the ditch for irrigation purposes by-Homar.
Therefore, the parties agree as follows:
STATEMENT OF AGREEMENT
1. Giselman agree to pa the costs that otherwise would
be incurred by 43emar for any )epair, replacement, maintenance and
cleaning of the irrigation structures under the proposed
6'�',CM.Q.E' •vl�d Z . y�// � �
Kensington Drive. This agreement to pay the costs of -tdemar onl
applies to the portion of the costs applicable to the development
known as the Superior Datsun P.U.D. The repair costs relate to
costs incident to demolition of street pavement or replacement or
repair of the irrigation structure under the pavement. The
rights and obligations of this Agreement are deemed to touch and
concern the :land described in Exhibit A and burden the land
described in Exhibit B
2. *".:mat agrees to sign the original copy of the Utility
Plan for the Superior Datsun P.U.D. and permit the Utility Plan
to be filed with the appropriate authorities.
3. If the ditch is abandoned then this agreement shall no
longer be binding or of any effect.
4. This Agreement is contingent upon Giselman's closing on
the purchase of the land described in Exhibit B.
5. This Agreement and all questions arising in connection
herewith shall be governed by and construed in accordance with
the laws of the state of Colorado and proper venue and jurisdic-
tion regarding any question related to the rights of the parties
hereunder shall be solely in Larimer County.
6. In the event any provision hereof is determined by a
court of proper jurisdiction to be invalid or unenforceable, such
provision may be severed or modified to the extent necessary to
make it valid and enforceable, and the other provisions hereof
shall remain fully effective and binding on the parties hereto.
7. This instrument embodies the entire agreement between
the parties, supersedes all prior agreements and understandings,
if any, relating to the subject matter hereof, and may be amended
only by an instrument in writing executed jointly by an author-
ized officer or agent of each party hereto, and supplemented only
by documents delivered or to be delivered in accordance with the
express terms hereof.
8. In the event of breach hereunder, the prevailing party
may recover, in addition to all other damages, the reasonable
attorneys' fees incurred in enforcing this Agreement or for
recovery of damages.
9. This Agreement shall be binding upon and inure to the
benefit of each of the parties hereto, and their respective
heirs, legal representatives, successors and assigns.
Signed in duplicate originals the date first above written.
-NOMAR MEADOWS, INC. and ALMA H.
WEST
c >
By ���/ 7 �y
Tart n W t
Ronald Giselm n
-2-
EXHIBIT A
Considering the South line of Section 36, Township 7 North,
Range 69 West of the 6th P.M. as bearing North 89153' East, and
with all bearings herein relative thereto; Beginning at a point
on the East line of the right of way of State Highway No. 1 (also
designated as U.S. Highway No. 87) which point bears North 89053'
East 40.00 feet, and again North 00004�' West 1,318.90 feet from
the Southwest corner of the said Section 36, being a point on the
North line of the Sh of the SW;, thence South 00004�' East 150.00
feet, thence North 89053' East 1,452.00 feet; thence North 00'
Nest 150.00 feet to the North line of the South one-half (S 1 2)
of the Southwest Quarter of said Section, thence South 89°53'
West 1,452.00 feet to the point of beginning, Larimer County,
Colorado.
� 66_cll:
A -ract of lane located In the SEI/a of Section 3% T_.nsnio ' North, Barge
69 West, Of the 6th P.m., Clty of Fort Collins, County of Lar:rer. State of
Colorado, being .,ore osrticul Yly described as follows:
Cansleering the Scutt lire of the SE I/a of said Section 35 as tearing
%di653000"If and with all :aarinss contelnad heroin relative rnorerol
C_•-encing at r-e SC4t`edST Corer of sale Se:tloo 35. thane* along the
>alc South II-s 'd9'i313C"W, 15:.2C feet to tna Point of 9*glnning of said
rraCT Of Iand.
''enca. '.Ei053'0C'e. 419.46 rest; tnenca N01'001CC"E, 30.00 'ear to the
sx-neast corner of a -Tact of land recorded with ra LarlTer County Clerk
and ;ecorcer In lope 1577, Fag* 712; thence •tong the east I no of said
tract of Iona 401.0C'OC'E. 531.03 'set to a potnt as tn* south Ilse of
FCssll Creak CY-e•cial �Iaia, a subdivision recur OeC vita eke :ar leer.
County Clark and ;ecxaar In ?ook 1905. Page 546; t»nca. S89'531130E.
232.27 feet to the southwest corner of a /roct of land recorded •its the.
Lorimar. County Clark and Recorder In flock 22", Page 14191 tn*nce
400.021000E, 50.00 feet;- tbanc* S89'331130E. 26S.04 feet; tnance 23.59 test
al onq the arc of a curve to rho Isft, shod ventral, angle, lr 90605 Ws.
real us of 15.00 fast, and who lost chord pears, Nl3.03'5a"1, 21.23 If
to the .*starlj right -of -.ay, of U. S. M4heay No. 287; tMnca slang se
Westerly right -of -ray, S00'019000e, 4/4.67 footl thence Sa5.'0a'30"l1. 161.
teerl thence S00.02100N, 31.40 feet.te the Point of e*glnning'.
The above described tract contains 6.202 acres, more or less. w.
wl,
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