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HomeMy WebLinkAboutEMERSON ACRES SUBDIVISION - MINOR SUB - 22-88 - SUBMITTAL DOCUMENTS - ROUND 1 - APPLICANT COMMUNICATIONMarch 14, 1988 Planning Department City of Fort Collins 300 Laporte Ave. Fort Collins, Co. 80521 We are hereby requesting the approval of a Minor Subdivision for property we own that is situated in the SW; of Section 18, T6N, R68, W of the6th P.M., Larimer County Colorado, being the "Emerson Acres Annexation" to the City of Fort Collins. The Minor Subdivision is to be named "EMERSON ACRES SUBDIVISION". We are enclosing the required information as set out in Ordinance #113, 1987 of the Council of the City of Fort Collins amending the Code of the City by the addition of a new Section 99-4(D) making provision for the expedited review and approval of Minor Subdivisions. We are extremely concerned that the City, in the process of construction and paving of the West J of South LeMay Avenue along the Provincetowne Development, removed portions of our fence, placed large outlet tiles (storm drainage tiles from the Provincetowne Development ) on our land and even started some backhoe work, without our permission. We had to stop the man with the backhoe who told us his instructions were to do the digging. Previously The South Fort Collins Sanitation District did some construction work on our property, again without our permission. They will not even respond to our concerns. We are not aware that Municipalities, Utility Companies, etc. or private persons can use other parties property as has been done to us without legal consequences. It is our understanding from several meetings we and our Realtor, Harold Einarsen, had with the staff in the City Planning and Engineering Departments that the City of Fort Collins will complete the following at no cost to us. 1. The City will reduce and restrict the potential quantity of flow of storm water from the Provincetowne Development thru our property to the "HISTORIC" flow thru a 12" the that has served the purpose of carrying the runoff from the west side of LeMay for many many years. Per Matt Baker. 2. The City will channelize at no cost to us the drainage channel from the Provincetowne Development thru our land to Stanton Creek and will attractively Riprap this channel to prevent erosion. Per Matt Baker. 3. The City will allow us to divide the subject parcel of land into these six (6) Lots without our having to design, construct., or pay for any street improvements. The City will allow the development of one home and supporting outbuildings per Lot , as per the Protective Covenants, without the Lot owner having to design, construct, or pay for any street improvements. Should the Lot owner redevelop said Lot, then that owner shall design and construct the street improvements as an obligation of the development process. In the future, should a Forced Special Improvement District be implemented, then each Lot owner bordering the street included in the Special Improvement District shall be required to participate in the street improvements as is customary under the rules and regulations of the City of Fort Collins. The obligation would be finalized with a development agreement between the redeveloping land owner and the City. 4. The Provincetowne Channel will need a 50 foot wide easement from the centerline of the channel and Stanton Creek will need a 65 foot easement for storm drainage. Per Ted Shephard letter of Dec. 15, 1987. The City will provide a driveway entran(e complete with a Tile and paving over the Tile to each of the two remaining Lois that do not presently have access to LeMay Avenue. These entrances shall be of the same type and quality of those presently in place. • In return for the above mentioned agreements, we will agree to dedicate to the City of Fort Collins the requested road easements on LeMay and Co. Rd. 32 as specifically spelled out on the Intermill Surveying Blueline Prints of the plat. We will also grant the 50 foot easement on the Provincetowne Channel and the 65 foot easement on Stanton Creek as previously mentioned. Owners of each lot shall retain the right to use any easement along the Provincvtowne Channel and along Stanton Creek for plantings, grassing, fencing and other purposes so long as the same do not reasonably interfere with the flow of water thru Stanton Creek. Each lot owner shall have access to the South Fort Collins Sanitation District. Sewer Line whic.•h runs along Stanton Creek, whether on his individiial lot or by easement across an adjacent lot. We are enclosing with this application a copy of our Proposed Protective Covenants which we trust are in compliance with the rules and regulations of the City of Fort Collins. We trust this application for a Minor Subdivision will be processed and approved as soon as possible. Sincerely, Robert A. Dickinson Karen Dickinson �"' • • DELARATION OF PROTECTIVE COVENANTS EMERSON ACRES SUBDIVISION 1. No tract shall be used for other than one single family residence with either attached or detached garage. One other building used as storage or a shop facility may be constructed only after approval of the Architectural Control Committee. No business of any nature shall be allowed that requires employment of people outside the household. No houses are to be moved in to any tract or lot. Any structure or improvements shall be completed within nine (9) months of the date of beginning. All structures shall be finished with a suitable wood, natural stone, brick or manufactured stone siding as approved by the Architectural Control Committee. 2. No structure of a temporary nature; Mobile Home, Basement, Trailer, Tent, Garage, Shed, Barn, or other outbuildings of any kind shall he used on any lot at any time as a residence either temporarily or permanently. 3. The ground floor exclusive of porches and garages shall not he Less than 1800 square feet for a one level dwelling and not less than 1000 square feet for a dwelling of more than one level. 4. Architectural Control: No buildings, including outbuildings, shall be erected, placed or altered on any tract or lot until the construction plans, specifications, and a plan showing the location of the said structures have been approved by the Architectural Control Committee. The Architectural. Control Committee shall take into consideration the quality of workmanship and materials, harmony of exterior design with surrounding existing structures and as to location with respect to topography. All plans shall be submitted at least ten (10) days prior to start of construction. S. No noxious or offensive activity shall be carried on upon any tract or lot, nor may anything be done that shall become a nusiance or annoyance to the neighborhood. No tract or lot shall be used for the dumping of trash, rubbish, or other waste, nor as a parking or storage area IOr materials or vehicles except for a reasonable period of time while a structure is under - construction. The Architectural Control Committee reserves the right to require a fence or planting to surround any open boat or recreational vehicle storage area or require it's removal from the premises. All property and premises shall be kept in an orderly, clean and sanitary condition at all times. There shall be no burning of trash or rubbish. 6. Livestock: No animals,poultry ,or any other livestock shall br- raised, bred, or kept on any tract or lot for commercial purposes as defined by the codes of the city of Fort Coll.ins and Larimer County. Itorses, cattle, and sheep, not to exceed eight (8) animals on any on(, tract or lot shall be allowed. 7. No sign of any kind shall be displayed to Lhe public views on any tract or lot except one professional sign of not more than two (2) square feet, one sign of not more than five square feet advertising the property for sale, or signs used by the builder to advertise the property during the construction and sales period. 8. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of ten (10) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of five (5) years unless a majority of the property owners of the recorded tracts or lots sign an instrument and have it recorded, agreeing to change said covenants in whole or in part. 9. Enforcement shall be by proceedings of the law or in equity against any persons violating or attempting to violate any covenant either to restrain or recover damages. 10. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 11. All setbacks for any structure on each lot shall be in accordance with the Building Codes of the City of Fort Collins. The Architectural Control Committee shal be made up of the following members. Robert A. Dickinson, Karen Dickinson, and Aaron J. Dickinson. J�l M � Q -A I --/- --z ROBERT A. DICKINSON to KAREN DICKINSON Date �r Date