HomeMy WebLinkAboutFOSSIL LAKE P.U.D. - PRELIMINARY - 33-01D1 - LEGAL DOCS - LEGAL NOTICE5. Except as provided in paragraph (4)(b) above, the statutory vested rights
granted to the Developer shall not preclude:
(a) application of County regulations general in nature applicable to
all property which do not preclude, alter, impair, prevent or diminish the land
uses, density and general layout shown on the preliminary plat;
(b) application of County regulations under the circumstances
described in Section 24-68-105, C.R.S. 1973, as amended.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
10`h day of November, 1998.
DEVELOPER:
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STATE OF COLORADO
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COUNTY OF LARIMER
The foregoing instrument
November, 1998 by David Everitt
Everline, LLC.
EVERLINE, LLC, a Colorado
limited liability company
By: DOUBLE E&G, INC., a
Colorado corpor yionj r
By:
David Everitt, President
LARIMER COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Name
Chair to the Board
was acknowledged before me this 10 h day of
as President of Double E&G, Inc., Manager of
My Commission expires: July 28, 2001
Notary Public
4NE
NOTARY
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PUBLIC
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RCxPJTN # 99002037 01/`°'/99 15:10:00 S PAGES 2 FEE - $.00
M RODENBERGER 'CORDS' LARIMER COUNTY CC STATF DC FEE - $.00
AGREEMENT TO EXTEND VESTED -"GHTS
Fossil Lake PUD
THIS AGREEMENT is made this 1 Oth day of November, 1998, by and between the
Board of County Commissioners of Larimer County, Colorado ("County") and Everline, LLC, a
Colorado limited liability company, 3000 South College Avenue, Fort Collins, CO 80525
("Developer").
WHEREAS, the County has approved the master plan and preliminary plat of Fossil Lake
Planned Unit Development ("Fossil Lake") by Findings and Resolution dated June 23, 1998,
which date is deemed to be the date of approval of the master plan and preliminary plat for
purposes of this Agreement. As a condition of such approval, the County also approved an
extended effective period for such master plan and an extended statutory vesting period for the
preliminary plat; and
- WHEREAS, the Developer has submitted the final subdivision plat for Fossil Lake, and
prior to approval of the same, the County needs to legislatively adopt this Agreement regarding
such extended time periods.
NOW THEREFORE, in consideration of the premises, the mutual covenants herein
contained and the approval, execution and acceptance of the plat for recordation by the County, it
is agreed as follows:
1. Approval of the preliminary plat and recordation of the required notice establishes
a statutory vested right in that plat for three years pursuant to C.R.S. Section 24-68-103. The
County hereby confirms its earlier agreement to extend the effective period of the master plan
and to extend the statutory vested rights period for Fossil Lake as set forth below.
2. The master plan shall remain in effect for 10 years from the date of approval,
provided that an application for at least one final plat is filed within 18 months of preliminary
plat approval. If one final plat is not filed within 18 months of preliminary plat approval, the
master plan shall expire and be of no further force and effect.
3. The Developer shall have a vested right in the preliminary plat for 10 years from
the date of preliminary plat approval, provided that at least one final plat is filed within 18
months of preliminary plat approval. If one final plat is not filed within 18 months of
preliminary plat approval, all statutory vested rights in the preliminary plat shall expire.
4. The statutory vested rights granted to the Developer (or its successors or assigns)
shall preclude:
(a) application of County regulations which would preclude, alter, impair,
prevent or diminish the land uses, density and general layout shown on the preliminary
plat for the 10-year term of the vested rights; and
(b) application of County engineering standards for roads, sewer and water
improvements adopted subsequent to the preliminary plat approval for a three-year period
following preliminary plat approval, unless such standards, if not applied, would pose a
serious threat to public health and safety. /