HomeMy WebLinkAbout613 S MELDRUM ST CARRIAGE HOUSE - FDP200028 - SUBMITTAL DOCUMENTS - ROUND 3 - SUPPORTING DOCUMENTATION1
DECLARATION OF COVENANTS AND AGREEMENT
REGARDING UTILITY SERVICE CONDITIONS
This Declaration of Covenants and Agreement (“Covenant”) is made and entered into this
______day of ____________, by and between _______________________________________
(“Owner”), for the benefit of THE CITY OF FORT COLLINS, a Colorado municipal corporation
(“City”).
1. The undersigned Owner hereby certifies that it is the owner of that certain real property
described as follows:
FORT COLLINS, CO
Parcel Number:
LEGAL DESCRIPTION:
(the “Property”).
2.Owner has, pursuant to the Municipal Code of the City (“City Code”), requested service
to a service to a
on the Property, using the service line to the existing structure on the Property.
3.Owner acknowledges and agrees that said requested service is subject to specific
limitations and requirements pursuant to applicable provisions of the City Code,
including, but not limited to, a prohibition on the sale and separation of the newly
served structure without addition of a separate service line.
4.In order to alert future owners of the Property to the restrictions associated with the
foregoing, Owner is required by City Code to execute and record this Covenant
document in the real property records of the Larimer County Clerk and Recorder for the
Property.
5.Owner, on behalf of Owner and any successor owner or owners of the Property, hereby
covenants and agrees that, as of the time of approval of the above-described service,
the following are conditions of the requested utility service connection permit:
Individual service lines for each building required. (Sec 26-94 & 26-256)
a.Each property shall be served by its own service line, and no connection with the
water or wastewater utility shall be made by extending the service line from one (1)
property to another property. Each building shall be served by a separate service
line; however, the Utilities Executive Director may require that a building be served
by more than one (1) service line. For purposes of this Section, the term building
2
means a structure standing alone, excluding fences and covered walkways. A
separate accessory structure is a separate building. To qualify as one (1) building, all
portions, additions or extensions must be connected by an attachment that is an
enclosed part of the building and usable by the occupants.
b. Notwithstanding the provisions of Subsection (a) of this Section, the Utilities
Executive Director may, after review and approval of the related plans and
specifications, authorize the service of more than one (1) building by a single service
line, provided each of the following requirements is met:
i. The combined water use of the buildings shall not exceed the capacity of the
service line and meter, and the combined wastewater flow from the buildings
shall not exceed the capacity of the service line (as applicable);
ii. If the buildings are served by one (1) service line, the buildings shall be under
single ownership; and no subsequent division of ownership, or subdivision of the
property upon which the buildings are located, shall be permitted until separate
service lines have been installed to each building;
iii. If the service is for residential use, only one (1) of the buildings may be used as a
residential dwelling unless the buildings are located on a single platted lot and
one of the buildings is a carriage house. For purposes of this Section, the term
carriage house shall have the same meaning as in the Land Use Code;
iv. Plant investment fees, raw water requirements, and any other applicable
charges required in connection with the additional building to which service is to
be provided, shall be remitted as provided in this article. For a carriage house,
additional plant investment fees and raw water requirements, as applicable, as
well as monthly meter rates and any other related charges, shall be determined
based on the addition of a new dwelling unit on the property; and
v. A written covenant or other document signed by the owner of the property to be
served and incorporating these requirements and limitations as a condition of
service to said property, in a form provided by the Executive Director, shall be
submitted to the Executive Director as a condition of approval, and shall be duly
recorded at the office of the County Clerk and Recorder.
6. The Owner, on behalf of Owner and any successor owner or owners of the Property,
hereby further covenants and agrees that utility services to the Property are subject to
the foregoing conditions, together with such additional conditions and requirements as
the City may, from time to time, establish and impose on its provision of utility services.
7. This Covenant shall be a burden on the Property, shall run with the Property, and shall
be binding upon any future owners and encumbrances of the Property, their successors,
3
heirs or assigns and shall continue in effect unless and until either: 1) each structure on
the Property is served by individual, separate utility service lines; or 2) this Covenant is
terminated with the consent of the City, or by operation of law.
8. Should Owner fail to comply with the limitations and requirements set forth or
referenced herein, then the City shall have the right to discontinue the affected utility
service to the Property until such time as said failure has been corrected and any related
amounts due or other obligations have been fulfilled.
9. This Covenant is not intended to, nor shall it be construed to, override or supersede or
modify any additional or conflicting provisions of the City Code that may otherwise
apply to the Property or utility service thereto.
OWNER:
By:
Name: _____________________________
Address: _____________________________
STATE OF COLORADO )
)ss
COUNTY OF LARIMER. )
The foregoing instrument was acknowledged before me this____ day of __________________,
________, by _____________________________________ [name of person acknowledged].
My Commission expires:
Witness my hand and Official seal.
______________________________
Notary Public
FORM ACCEPTED THIS ______ DAY of ______________________, __________.
BY: ________________________________ _____________________________ [Name, Title],
ON BEHALF OF THE CITY OF FORT COLLINS UTILITIES EXECUTIVE DIRECTOR
REFERENCE:
**************** Internal Use********************