HomeMy WebLinkAboutINDIAN HILLS VILLAGE PUD PHASE 2 PRELIM AND FINAL - 81-93B - CORRESPONDENCE -APR-19-95 WED 12:47
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2. The first phase of the project shall be that tart of the
project shown and depicted in the Plat of Indian dills hest P.U.U.
phrase One. This shall include lots 1 through 17 inclusive, lots
toy and 110, lots 20 through 24 inclusive, lots 27 through 30
inclusive, lots 32 through 45 inclusive, lot 111, lots 4.7 through
50 inclusive and the common area pertaining thereto. The lands
within such Phase One are more particularly described on Exhibit
"A" attached hereto. The remainder of the property in the
Subdivision is.withdrawn from the project ano shall not be bound
by the provisions of the Declaration, provided; however, that the
Declarant reserves the right to annex the remainder of the
Subdivision (except lot 108 Indian Hills West P.U.D.) or any
portion. thereof to the project and. to subject the same to the
provisions of this Declaration. The election of the Declarant to
annex such remaining property or any portion thereof to the
project and to subject the same to the provisions of the
Declaration shall be set forth in a writing signed by Declarant
and shall be recorded with the Larimer County Clerk and Recorder.
Such election shall be effective upon recording. Any property not
annexed to the project and subjected to the provisions of the
Declaration within five years from the date hereof shall not
thereafter be so annexed. Prior to annexation of the area
withdrawn from the project, Declarant shall have complete right to
replat any portion of such area. Declarant shall further have the
right to divide the withdrawn area into two or more phases and to
annex such area in phases.
3. Except as herein amended the Declaration, including the
First and Second Amendments thereto is hereby ratified and
confirmed.
IN WITNESS WHEREOF, Declarant has caused this Third Amendment
to the Declaration of Covenants, Conditions and Restrictions
Indian Hills West V.U.D. to be executed on the day and year first
hereinabove set forth.
. ATTES'' i
C`L. l'o
Secre aryl,
THE A,RE CORPV1tATI0t�j�
Be'rrnard L -Cai-h-, -Jr
President
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P.05
APR-19-95 WED 12_47
L0 1- UESCHINTION OWNER
Lot 41 Indian Hills A.E. hatch# Jr., and
West P.U.D. Claire March
Lot 44 Indian
Fills west P.U.D.
Lot 47 Indian
Hills west P.U.D.
and Lot 111 replat
of Lot 46 and a
portion of Tract
A Indian Hills West
P.U.D.
Lot 109 Replat
of Lots 18 and
19 and a Portion
of Tract A Indian
Hills West P.U.D.
Kirk E, Jungbluth and
Connie C. Jungbluth
William C. Stover and
Frances K. Stover
William E. Hughes and
Helen M. Hughes
Lot 110 Replat, Donald W. Hill and
of Lots 18 and 19 Marjorie C. Hill
and a portion Of
Tract A Indian Hills
West P.U.D.
Lot 108 Indian
Hills West P.U.D.
Lot 45 Indian
Hills West P.,U.D.
C.L. Flint'
George W. Betz and
Bernard L. Cain, Jr.
lst MORTGAGE;
N(�LUER
None
United Bank of .
Ft. Collins
National
Association.
None
Rocky Mountain
Sank and Trust
Company
Rocky Mountain
Bank and Trust
Company.
Northern Bank
and Trust
United Bank of
Fort Collins
National
Association.
The lots owned by Declarant are subject to a first mortgage to
United Bank of Fort Collins, National Association.
TI1e rieclaration is hereby further amended in the following
particulars:
1. Lot 108 Indian Hills West P.U.D. is withdrawn from the
development. The owner of that lot shall have no rights to any
Association property and the Association shall have no obligations
in connection with that lot. The owner of that lot shall have no
responsibility to pay any assessments in the ASSOCiation and shall
not be a member of the Association.
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Declaration ana as useu in the ueclaratlon snail mean aii property
,encompassed within ln% in hills west p.u.D•. a ept individual
townhouse lots as plat._d after the three replat__ and except the
aeuicated right-of-way for Stuart Street as shown on the plat.
APR-19-95 WED 12:46
P.04
ThIRC i:KENUMENT TO DECLARATION OF
COVE14AN'Pa, CONDMONS AND RESTRICTIUNS
IND1Ah HILLS WEST P.U.D.
This is 'a Third Amendment to the Declaration of Covenants,
Conditions and Restrictions, Indian hills West P.U.D. and is made
and executed by The Poudre Corporation (herein referred to as
Declarant) on this day of r�1Pf� (.� _ 1983. .
WITNESSETH:
The Declarant previously executed and recorded in Book 1994
at Page 388- a Declaration of Covenants, Conditions and
Restrictions Indian Hills West P.U.D. (the Declaration). Such
Declaration was made and recorded in connection with the
development of Indian Hills west P.U.A., a subdivision in the City
of Port Collins, Colorado according to plat recorded in Book 1964
at Page 613 of the Larimer County records. Thereafter, three
replats have been made, executed and recorded as follows:
(i) REPLAT OF LOTS 18 and 19 and a PORTION OF TRACT A,
114DIAN HILLS WEST P.U.D. recorded in Book 2026 at Page 905 of
the Larimer County records.
(ii)_REPLAT OF LOT 46 and a PORTION OF TRACT A, INDIAN HILLS
WEST P.U.D. recorded in Book 2049 at Page 459 of the Larimer
County records, and
(iii) PLAT OF INDIAN HILLS WEST P.U.D. PHASE ONE recorded in
Book 2216 at Page 686 of the Larimer County records.
There have also been previous amendments to the Declaration which
have been executed and recorded an follows:
(i) Amendment recorded in ,Book 2024 at Page 481 of the
Larimer County records, and
(ii) second Amendment recorded in Book 2088 at Page 947 of
the Larimer County records.
Wherever herein the "Subdivision" is referred to, such
reference shall mean and include Indian Hills West P.U.D.
Subdivision as amended and changed by the three replats identified
above. The word "Declaration" shall mean the original
Declaration, the First 'and Second Amendments thereto and this
Third Amendment to the Declaration. All references in the
Declaration or any other document to the Subdivision, the plat,
the open spaces or any other matter which is effected by any of
the replats identified above are and shall be amended and shall
refer to the Subdivision as amended and changed by said replats.
The common area as defined in Section 6 of the original
Declaration and as used in the Declaration shall mean all property
encompassed within Indian Hills west P.U.D.. except individual
townhouse lots as platted after the three replats and except the
dedicated right-of-way for Stuart Street as shown on the plat.
APR-19-95 WED 12:46
' ile No. LE-130i6
V ` J
EXHIBIT
Lot 10a, INDIAN HILLS WEST P.U.D., City of Fort Collins, County of
Larimer, State of Colorado, and a part of Tract "A", INDIAN HILLS
WEST P.U.D., being more particularly described as follows:
Beginning at the southwest corner of said Lot 108;
thence S 00'07130" W on the extension of the west property line
5.50 feet;
thence N 89*52130" E a distance of 101.54 feet to the east line of
said subdivision.;
thence along said east line N 00*07130" E a distance of 74.79 feet
to the northeast corner of Tract "A";
thence along the north line of Tract "A" .9 89'56100" W a distance
of 101.54 feet;
thence S 00007'30" W a distance of 24.95 feet to the northwest
corner of said Lot 108;
thence along the lot limes of Ldt 108 the following five Courses%
S 89652130" E a distance of 42.30 feet;
S ooa07'3O" W a distance of 20.00 feet;
S 89*52130" E a distance of 27.70 feet;
S 00'07'3o" W a distance of 24.00 feed
N 89'52130" W a distance of 70.00 feet to the southwest corner of
said Lot 109
and the true point of beginning.
THIS MlIBIT "A" IS ATTACHED TO AND MADE A PART OF THAT CERTAIN INSTRUMENT
DATED AUGUST 1BY AND
BETWEEN ROGIE
DFORMERLY AS
ROSIE SANDIFERALFORD,AS GRANTOR PROUTYASGRANTEE.
INITIALED FOR IDENTIFICATION PURPOSES!
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APR-19-95 WED 12:44
__AGUNITAS COMPANY
P . 01
3307 S. Cdlege Ave. Sulte 200, Fort Collins, CO 80525
303 226 5000 • FAX 226 5125
FAX
Pages Including Cover Sheet:
TO: Steve Olt
FROM: Jon Prouty
DATE: April 19, 1995
RE: Indian Hills Village Phase Two
My company has sold this project to Wonderland Hill Development Company
(Jim Leach) which is playing the primary role in development and house
construction, however, I have continued involvement in the project In the
form of a) substantial notes payable to me by Wonderland which are
secured by deeds of trust on this property,. b) substantial equity
involvement in the form of my participation in project profits, c) a seat
on the Indian Hills Village architectural review committee for as long as I
have a deed of trust on the property, and d) Wonderland has continuing
obligations to me relating to executing project planning, architecture,
development and marketing.
I hope this clarifies for you the nature of my continuing involvement in
the project notwithstanding the fact that I do not currently hold legal
title, nor am 1 the actual on -site developer doing development work.
You may freely share this information with anybody who inquires.
Best regards.
dk