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HomeMy WebLinkAboutINDIAN HILLS VILLAGE PUD PHASE 2 PRELIM AND FINAL - 81-93B - CORRESPONDENCE -APR-19-95 WED 12:47 . J I a P. 06 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withdrawn from the project ano shall not be bound by the provisions of the Declaration, provided; however, that the Declarant reserves the right to annex the remainder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 Prior to annexation of the area withdrawn from the project, Declarant shall have complete right to replat any portion of such area. Declarant shall further have the right to divide the withdrawn area into two or more phases and to annex such area in phases. 3.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 -4- 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. -3- 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! P.03 } Imo, V . r- �- ""� V 9 a P ;'4843a56'00'E: 4EN580 U v J 4 S _ STUART STREET 0. M . ...... } ..... • uuny ...w •ti • y I- n p O pOp N O O O P S V o a ai o o N M N D q M M N 4 9 • m .t •b P I - am aViC. wl uu....a'.. fw .•. � f i`'-0 ,S� t.�� ' M1 M1•1 Q � � �wei•lw IaV �. O .�r. 1 �ya I V E �� � a v ..n. .r.�r. by. it i. �• � ! � C SITUATE IN THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 7 NORTH RANGE E9 WEST OF THE SIXTH P. M �•- U of LARIMER COUNTY, COLORADO T (?CA7` II G .i.T.F W 01n 0• 8.a. 50'l'07.3C'-R t25216' fQ r) I1'_% ; �: , c - 1' .,. b .. ��. • J a -I� ~1 V u., .. y13 \.! O iii �F O •. a= Y •yp a' `o. _. +� i -3•s� � s� q .+•�� N .. rl 't19 't ,J, .i - ti 1.1 .._ I ..- l' d'R'?:: `y � I• i s \., .. O . L l�•r�J . .. �- V V . .N.lw- � s . Tt WAY ,�• ,. ROCTAW fO/OfJ?.M'IY :L-^ _. - L• � ry � 0.f,-�. •!'RsMa4: �'� 6'aJy !r_v TRACT "A" ta.1956 aea6s) N 00-07' 30 c . 102430, 't •'• • ' i !'• ,' r- _ tel: t A a� Y RAD-US I DELTA ARC BECRIKG CHORD CL:RUt RADIUS j DELTA ARC BEARING CHORD CURVE I RCCI45 J£_TA ARC BEAM i Ci+ORO 30.00' 19109-is. 10.03- S22'34.38'2 9.49• 24 $0.00' 05':.'.'46" 5.51' S5b'S1-45';r 5.5:'• 47 :54.90' 2:'00-W" 66.4E' S•$'00.00•_ _'0.00• 18'09'D9" 15.64' x23.04-40"Y 15.77• 25 5.00• 53'5`-36J 5.24- 530'07-16"a $.00' t0 S.M. S--5.2-30" 0.37' S41'56-16"C T..:]• 10,001 60100-00• 10.47- UO2'09.1591 40.00. 26 60.00- 21'56•49" 22.90- 579'04-07"W 22.84' 49 30.00' 90000'00" 47.12- 551'00.00-y :2.43' 50.00• 27'43.15- 24.19• 1213'59.08-E 23.96- 27 S.00' 90100-00. 7.55• N+4'52'30--d 7.D7- 50 53.49- 30-04-00" 28.07• 514'S6.01-. j _.. •5' S.00- 92004'33• 8.04• N371S7.45•N 7.20, 26 20.00• 90100.00" 31.42- 11144'52.30"'4 28.28- 51 20.00• 90'DO'00• 31.42• s"'D 4.60"e 28.20- 30.00• 107'29-27• Sb.28' d61'i9•16"S 49.30' 29 $.00- 90'00•00" 7.85' N45'07•30•8 7.07• 52 20.D0' 90'00-w 37.42• 844'56-00'E 20.28• 10.00• 80'24.23-. 34.03', S72'21.26•S 12.91! 30 10.00- 9DIN 'Go" 15.73i. S45'07.30"Y 14,14- 53 81.491 30'04.W 1 43.76' 11114'58.00•1c f 42r270 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