HomeMy WebLinkAboutHARMONY CROSSING PUD - FINAL - 65 93B - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSDESCRIPTION OF HARMONY CROSSING P.U.D.
A tract . of land located in the Northeast of Section 6,
Township 6 North, Range 68 West of the 6th Principal Meridian,
City, of Fort Collins, County of Larimer, State of Colorado,
being more particularly described as follows:
Considering, the East line of the Northeast. Quarter of said
.Section .6 .os.-becring,-_South_-00'00'00"__West, from a found
Aluminum cap in a range box at the Northeast corner of said
Section 6 to a found 1 1/2 inch steel rod at the East Quarter
corner of said Section 6 and with all bearings contained herein
relative thereto:
Commencing at the Northeast corner of said Section 6; thence
along . the East line of the Northeast Quarter of said Section
6, South 00'00'00" West, 1276.79 feet, to the POINT OF
BEGINNING; thence continuing along said East line, South
00'00'00" West, 1323.99 feet to the South line of the
Northeast Quarter of said Section 6; thence along said South
line; North 89'44'38" West, 1740.83 feet to the Easterly
right—of—way of the Union Pocific Railroad; thence along said
right—of—way, North 14'54'59" East, 1123.14 feet; thence,
South 77'26'57" East, 337.62 feet; thence, South .89'36'53"
East, 321.65 feet; thence, North 77'30'48" East, 259.56 feet;
thence, South 89'36'53" East, 121.38 feet; thence, North
00'23'07" East, 238.47 feet; thence. South 89'36'53" East,
54.63 feet; thence, North 0(723'07" East, 15.54 feet; thence,
South 89'36'53" East, 369.38 feet, to the Point of Beginning.
The above described tract contains 41.014 acres more or less.
enforcement of liens _gainst real property and may also, at its discret
wtthion,
out waiving -_any__ other__rights_.it_may_have pursuant to Colorado law for
- - — -- —
,. ' enforcement of liensagainst real property_and.__may.__also,—at--its--discretion, -- ---
----- without waiving any.
other rights it may have pursuant "to law, proceed directly
-ith—lega-l—action—agains"h-e—owne-r, i s 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-Protective_Coven_ants--for -the real property . platted as real as "The
which real property shall include the property
subject to these Covenants.
DATED this 28th 'day of April 19 94.
Owner: .IMAGO ENTERPRISES, INC.
0
SEAL By. Title
A ST:
ecretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me -this 28th day
of April , 19 94, by Lester M. Kaplan as President
and Tame.; A. Martell as Secretary of Imago Enterprises, Inc.
My Commission expires: 10123' 9�
Witness my hand and official seal.
VVf" i/��f �1. &Lr) iPA ,
Notary Public
Sl.z AND LANDSCAPE COVENANTS
--------� -------FOR ------- -- --- ---= - - _ - -- -
attuate in the mr. a &tt an 'l (oH �gw 4,, %� M. )
City of Fort Collins, County of arimer,
State of Colorado
The undersigned; fee owner of the property known as Harmony Crossing P.U.D.
(The Property) located in the City of Fort Collins, County of Larimer, State of (see
.Colorado, does hereby make the following declarations as limitations, attached
restrictions -and -uses -to which the Property may be put, and hereby specifies legal,
that these declarations shall constitute covenants to run with all of the descrip-
Property and shall be binding on all .parties and all persons claiming under tion)
them, and fdr 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 initially and
kept 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 conservation
amenities, as described in the site and landscape plans submitted to the City of
Fort Collins and on record therewith shall be made and installed in the
manner as described in said. plans unless amended pursuant 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 approved 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 utilized for buffering energy conservation or other site amenity.
Should the owner '.failin 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 Lafimer 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 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 billing is not paid, then the City of
Fort Collins pursuant to the' authority 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; provided; however, that the City of Fort Collins shall
have a lien against any singe ami y lots and improvements thereto within
the property, if applicable. The City of Fort Collins shall be entitled to all
rights of foreclosure or oth-r remedies existing pursuant to Colorado law for