The URL can be used to link to this page

Home My WebLink AboutSTUART HILL PUD - Filed OA-OTHER AGREEMENTS - 2012-01-04490278 COUNTY OF LARIVIER 1983 JAN 2 7 AM 1 I: 03 STATE OF COLORADO 82204 P0971 Stuart Hill P.U.D.. FORT LL N , LORADO OPEN SPACE MAINTENANCE COVENANT COMMERCIAL COVENANT FORM The undersigned, owners of Stuart Hill P.U.D., Fort Collins, Colorado, hereby covenants with the City of FoR Co - ins, Colorado, that in consideration of the approval of the plat of Stuart Hill P.U.D., the undersigned agrees to maintain all landscaping, parking areas, side- walks and all other open spaces as shown on the plat of Stuart Hill P.U.D. and to keep said open spaces clean and in good repair. In the event of the failure of the undersigned, or its assigns, to keep said open space clean and in good repair, the City of Fort Collins, upon 24 hours notice to the undersigned or its assigns, may y proceed to clean, repair or maintain said open space, and any cost expended by the City of Fort Collins for such work shall be an obligation of the under- signed or its assigns. Upon failure to pay for such work, the City of Fort Collins may file a lien against said property, obtain a judgment against the undersigned or its assigns, and foreclose said lien. This shall be a covenant running with the land, and shall be binding upon the undersigned and its assigns. Dated this _Lq day of lg ATTEST: Secretary STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The above instrument was ac 19., , byGe e13 as 7ecretary, i VeMoper By ,t e � ledged before me this l 9 day of gj=Z, as 6 /9Z and Witness my hand and official sea?'',''s_ My Commission expires: tary.• c t 364979 i9e0uu" f1 M+u-zu BK20g8 COUNTY%,,. -ARIMER STATE OF COLvadADO PC P�'OT'�CTII� COTa-,.TA�TmS - STU"?� H LL Si :D_ T �IOd �T Toca`�e n tie - ^�c�o*`-- T2�.1._ T`!._y_. �� t .. • o the 6th P. i`1.i1t� off.. _i _. fort Coll ns, CouLariner, ,State o� C nty ofolorado "UAD CIT`% CONSTRUCTION INC., A Colorado corporation, pu_rchasec, pursuant of contract for deed o' the followin7; described real property located in the City of Fort Collins, County of Larimer, State of Colorado, the sane being _real property previously platted as "904 r. Stuart", nota being replatted as "Stuart Hill ,Subdivision", situated in the ET the NET of section 24, Township 7 North) lit NET mot. o ^ ls� 1�1J. i Range 69 West of the Sixth Principal Meridian, City of ?Fort Collins, County of Lari:mer, State of Colorado; do hereby make the following declarations ac limitations, restrictions and uses to which the said tract may be put, and hereby specify that these declarations shall constitute covenants to run with all of the above described land, provided by lava, and shall be binding on all parties and all pe;nsons claiming under them, and for the benefit of and limitations on all future owners of all or part of said tracts, this declaration being signed for the purpose of guaranteeing that said tracts will be landscaped initially and kept in desirable condition in the future as herein specified. These landscape improvements as described in the landscape plot plans 3u7mitted to the City of Fort Collins and on record therewith shall be .lade and installed in the manner as described in said plan unless alended pursuant to the approval of the City of Fort Collins. Upon beZinnin_, construction of either building A or 3, the developer or owner shall cause the property contiguous to said bui ldinC to be seeded and suitably planted with grass, trees and decorative shrubs pursuant to the provisions of said landscape plot plans excepting, however lands necessary -'or construction. 0 BX?0y8 n0g99 In retards to Stuart rill subdivision, it is a;;reed that the open space area includint the water detention protion thereof shall be seeded and suitably planted with crass, trees and decorative shrubs as soon as -practical after initial development. It is further understood and a --reed that the developer of said property the O:'rner or thei assi; ^s or successors in interest shall be .rec pon- sib I e �'01' tie _.lai ntcna.nce and care (includin,- necessary -e placement of dead tree., or shrubs) of all "planted and landscaped't areas Within Stuart T,Ti 11 subdivi sion. Should the developer or owner fail in any respect to co"lply zrith the terms of this a.,reement, the City of sort Collins upon notifyint said developer Or owner in M-itin.- of the Matters in re^ards to which default is asserted and should the developer owner fail either to cure said default within thirty (70) days after receipt of such notice or to commence vritrin twenty (20) days to rectify such default and continue thereafter to use due dilitence to rectify such default until it is Fully rectified or cured, then the City of Fort Collir_s shall have the ri;ht to enter upon said property and perform the work neces'-: _ry to replace said i -lproverments or maintain same and the developer or current owner shall pay or cause to be paid to the City Of 70rt Collins such reasonable su,,ms necessary to rei.IIburse said City of Fort Collin for the labor and material extierded t0 co ilplete Or maintain said improve tents which payment shall be ~lade within ten (1 0) days after receipt of billint. If sai d billln,Z is rot paid, t_ien t,.e said Dity of Fort Collins vursua,: t to the aut ,o.ri ;,y-ranted b ; these covenants shall have a. Len or all peoperty and i.-lproverients thereto with the particular �, ., , - .v rT� �_ aCt O !and i;1 she � .,ua 11 developi;len ; on whit:: said �ror L wasperfor-ed, said lien to be ere:cis able by filint of a notice m E5 BK20g8 PG0 q 9 6 o said L;_e:i of ,st said property and improvements thereto; ar- t3'', "Ore'ver, that the City o ' fort Collins s'_1a11 not, have a 1e__ ..:. _ t _,.id si `;1e-'a _;1J lots and i;_1prove ,t _Ie ?T_11 developent. The City o_ fort Collin -_fled to all rights o= foreclosure or oti1q-. _'ei_le d1_2�s i to Colorado law o enrorce . ent of 1i07 -a__-zst _,e_�. _ -ope:-ty and i-my also at its discretion without iY?,�.'r .. 0' 110 rJ -hts it may have pursue,- to la'.�, _�'OCeeC�. a�_ ec 1e_.:1 coon , aJ1�3t � - action a t �e developer or current owner, t'Iei c{ i o-- successors in interest to collect payment of so expended pursuant to the te.rnis hereo- . Collins, Colorado this a 'T-Pd� of APRjt... 19_' �y 30. , U4D CITY COTTST )UCTIO',T ITTC. n Y P_ esident T: v Secretary 71 11�-1- �, -^� ,,gin) 1 n "fla.sc^ibed a:id sworn to be_'ore 1e this �ct_� day of 1" 0, JY ,.ENE CHRIsTENCOTT1m_�UC`:OT IP?C., r^ and pLn E3 W jCjbVjER Secretary o- _UaD CITY COT' 77�UC7 han.'. and c.+ rP y�}liufH� ru.. P S , t��tµNt of it/fir � �.�` S J u f i� .�•,,, .. Jr�rp 4 .®�� o