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Home My WebLink AboutMIRAMONT OFFICE PARK PUD - PRELIMINARY & FINAL - 54-87AN - CORRESPONDENCE - CITIZEN COMMUNICATION (2)� �• � / i..� t'. J r`, i�.�,f.;��,\ 11 �_ �,( _( �/ ._ �-(.1, � ( �_/ a -� �/ �.) _ � . : � � (�" `� `� - / , �,.�,��.� L . /��-�iv j. ��—! �- - // /� /` �+_ � � �� _' �• �i/ l.% �i '.�-C,-v � / �.-" � '- ",�l-,(. ; �L t � J :- ��. � `�Lf��', i_ .i � - -/- l_.%�� .� t! " � 1 � � .i� � /'��'_ ` :.t. �'4 �� i.�l .- _�...��. I �� i ', .-i.. ��'�C�L��' C�1= . i , ..� i . -- ,� � (..v t-�. r- (..� � / L �' �� -'- '� • . 1 L_/ s , �. _ ' �l.�C,�(�' Ga.- t i �. C �! <L. -� � `� �� `.. i.^ � � - � / /r y _�L�%',(✓i . � - , ' i V I �C � �i.` � . � -�� - ) i _-�: , � G /i. ' _ J--- - -C . � � �/�. // t ' _ / ` / ,J c--r � ti • L--/i L. v,-:�f-'— ' ./� -'i,-f.'„ f:'� (.�;f -- �.� -�� .s!-- � / ` l � : L.{—'``" -C, � f . -- � / 1'_ ./.i c �-{., � i ; c�r__ c� �,�^�Y:n� �� _ �:�-r'� i' � . . � � -1 i / �J ��-�l_, .� � �_- ' /' \ `. � C / r": , L C:X �y � r "'_ +' t - ( ). �_ . , . `�,`J- L Cy_ r'� � 'r c.-t' � J / •l •��__ ,/ . � . / � � G ` � � /�-' `-�`"`2-,`t'-, _ (v. �.L -- ��(1 N i_ (a . :. �; 1;- l,� �— '� � .; ; ._1... L, i � L % 1 i _ / • t,.�,. !I . I / f _ . ' / / , .( ' 'J : - , - �� t.��, ��-1 �� L-�_ / /1 i . .4 ' � ., (�. / �/j j ,�. 7 ✓ " � ' ' d ' v ,�� C� it E'l c-: �-�-t l. �.� _ ,� � 7 " ,'� 1 1�- {i-- _ ,, �' .� .l . ' 1 l . f � i/ f / � �� -- . , " � L -. ( `)-/ (/ (/ 1�-. _ � y �i'_/�� l� 6•.�.,1 /� � � � .--� - � - - G(` � // / / '"� : C.;' < : .L..,�'-•�.t', L�- `� � � /: / _ '. "�. _ . � � � .�'`i r� `�� `_ C' �1��') �.E. / ( / ' � J� '-% J . /l_ f' ' l_ � -t-) (iI i �.�r . / / / L_1 . � /` �C/� .�b.-y..l j `��7 y l..t'�r � CL �'__i.J' / l:i� �-C,)- �i(.5 l.%L�. ` / —� — - '�dtr�vN.o� L��G� '�Y�'��. • • � OAK FARM Amended and Restated � Declaration of Establishment of Protective Covenants This Amended and Restated Declaration of Protective Covenants (the "Declaration":) is made as of the day of January, 1991, by Oak Farm Inc., a Delaware corporation ("Oak Farm"), Front Range Baptist C�urch of Fort Collins, a Colorado non-profit corporation ("Front Range"), Fairway Estates Property Owners' Association, a Colorado non-profit corporation ("Fairway Estates"), and the City of Fort Collins, Colorado (the "City"). . RECITALS Pursuant to that certain Declaration of Establishment of Protective Covenants dated May 9, 1990 and recorded May 23, 1990 in the records of Larimer County, Colorado as Reception No. 90021956 (the "Original Declaration"), Oak Farm established certain protective covenants with respect to the two certain parcels of land in Larimer County, Colorado which were described as Parcel 1 and Parcel 2 in the Original Declaration and on Exhibit A attached thereto and which are also more particularly described as Parcel 1 and Parcel 2 on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Oak Farm owns additional real property in the vicinity of the Property. In connection with the approval of the Oak Farm Master Plan, as amended April 24, 1989, Oak Farm agreed to burden Parcel 1 and Parcel 2 of the Property with certain covenants regarding the use of the Property. In satisfaction of such agreement, Oak Farin has agreed to burden the Property with the restrictions set forth in this instrument. Front Range has acquired certain of the property subject to the Original Declaration and has an option to acquire additional property subject to the Original Declaration. Front Range holds an option (the "Option") to purchase that certain portion of Parcel I described as Parcel C(the "Option Parcel") in that certain Short Form Option to Purchase Real Estate recorded May 23, 1990 in the real property records of Larimer County, Colorado as Reception No. 90021961 (the "Short Form Option"). Front Range consents to the covenants and restrictions contained herein. To effect all of the foregoing, the parties have agreed to amend and restate the Original Declaration in its entirety, and to replace the Original Declaration with this instrument. In consideration of the foregoing recitals, which are incorporated into the body of this instrument, the covenants and restrictions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: • � That certain Oak Farm Declaration of Establishment of Protective Covenants dated May 9, 1990 and recorded May 23, 1990, in the real property records of Larimer County, Colorado as Reception No. 90021956 (the "Original:Declaration") is amended and restated in its entirety by this.instrument. The Original Declaration shall be of no further force or effect and shall no longer burden the Property described therein. Instead, the Property described on Exhibit A attached hereto and incorporated herein by this reference shall be subject to the covenants and restrictions hereinafter set�forth in this instrument: 1. Except as otherwise provided in this paragraph 1, the uses within Parcel 1 shall be limited to those set forth on Exhibit B attached hereto and incorporated herein by this reference. Notwithstanding the foregoing, uses within that.portion of Parcel 1 south of the Option Parcel shall be limited to single- family residential and related uses and facilities. In addition, if the Option held by Front Range to acquire the Option Parcel is not exercised and terminates or expires as provided in the Short Form Option, uses within the Option Parcel shall also be limited to single-family residential and related uses and facilities. 2. The uses within Parcel 2 shall be limited to those set forth on Exhibit C attached hereto and incorporated herein by this reference. 3. The parties intend that the provisions of this instrument shall be covenants running with the land and binding upon the successors in title to Parcel 1 with respect to �he covenants and restrictions set forth in paragraph 1 and on Exhibit B, and upon the successors in title to Parcel 2 with respect to the covenants and restrictions set forth in paragraph 2 and on Exhibit C: 4. In the event the legal description of the Option Parcel is modified, the description of Parcel 1 in Exhibit A shall be similarly modified without further action by the parties to the Declaration. 5. The covenants and restrictions set forth in this instrument may be amended or terminated as to Parcel 1 with the consent of the owners of Parcel 1, or the portion thereof as to which such amendment or termination is to be effective, and the consent of the Board of Dirctors of Fairway Estates. The covenants and restrictions set forth in this instrument may be amended or terminated as to Parcel 2 with the consent of the owners of Parcel 2, or the portion thereof as to which such amendment or termination is to be effective, and the consent of the Board of Directors of Fairway Estates. Any party seeking to terminate or amend any of the covenants or restrictions in this instrument shall give written notice of the proposed amendment or termination to the Board of Directors of Fairway Estates. The Board of Directors of Fairway � 2 • • Estates shall notify the requesting party of its consent or refusal to consent to the proposed amendment or termination within thirty (30) days a-fter the proposed amendment or termination is submitted to the Board of Directors of Fairway Estates. If the Board of Directors of Fairway Estates :fails to give notice of such consent or refusal to consent within such thirty (30) day period, it shall conclusively be deemed to have approved the proposed amendment or termination. The requesting party shall be entitled to record an approved amendment or termination to this instrument setting forth the approved amendment or termination, which shall be effective and binding for all purposes. The consent of the Owners of Parcel 1 or Parcel 2, as the case may be, shall be evidenced by one or more written instruments executed by such Owners and recorded with respect to Parcel 1 or Parcel 2, as appropriate. Any consent may be executed in counterpart. If not sooner terminated, the covenants and restrict.ions. set forth in this instrument shall expire on May 1, 2025. Nothing herein shall be deemed to authorize or permit the recording of any notice or instrument by or on behalf of Fairway Estates against the Property. 6. The parties hereto acknowledge that this instrument fully satisfies the obligations of Oak Farm to place use restrictions on any portion of the Property subject to the Oak Farm Master Plan, as amended April 24, 1989. 7. This instrument shall be governed by the laws of the state of Colorado. Any unauthorized party. recording any document or instrument with respect to the Property shall be liable for all damages, including consequential damages, court costs and attorneys' fees, sustained by the Owner or any other party having an interest in the affected property as a result of the recording of such unauthorized document or instrument. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. OAK FARM INC. AT'TF.S,T : '-%� J C� � `L _ �� / ��z�� By ,� � � L.. 2.. P.o erta Mar� Michael S. Byrn , President ATTEST: Reverend FRONT RANGE BAPTIST CHURCH OF FORT COLLINS � Steven M. Roberts, Chairman of the Board 3 . ATTEST: � � �.-- � �� ATTEST: �� t� (�lerk � FAIRWAY ESTATES PROPERTY OWNERS' ASSOCIATION By /�yGLLrC � %�,.i'�D�.'-�� CITY OF FORT COLLINS, COLORADO By C c � T- y ti.� �,�� A�;sror� s Te Foi�m STATE OF COLORADO ) G�r�-� SS: COUNTY LARIMER ) QGr.Ui�f �ii� ��:��r��W -. 1�. The foregoing instrument was acknowledged before me this L�= day of �), .�,,, ,,�; , 1990 by Michael S. Byrne as President of Oak Farm In�. -� Witness {SEAL} my hand and official seal. � • � I �_ .i�..��t�� ~�w 1y, �Notary Pub1iG My Commission Expires:�_�i�,�. „�� s� i��/ � STATE OF COLORADO COUNTY OF LARIMER ) SS: ) The foregoing instrument was acknowledged before me this day of , 1990 by Steven M. Roberts as Chairman of the Board and Reverend as of Front Range Baptist Church of Fort Collins. Witness my hand and official seal. {SEAL} My Commission Expires: Notary Public � 4 • • STATE OF COLORADO COUNTY OF LARIMER ) SS: ) The foregoing instrument was acknowledged before me this /.5f� day of . J:t��,c�zr�i . 199i�' bY �2�6/�� . 4Sk�cPl as , i'��s� ��,T ,_/ and by L-: C:-ccn��,�✓ K��it>.' as _-.�.. ,, of Fairway Estates Property Owners' Associ tion. � Witness my hand and official seal. {SEAL} My Cominission Expires : STATE OF COLORADO COUNTY OF LARIMER ) SS: ) Notary Public The foregoing instrument was acknowledged before me tha.s J�t�' day of �Glv�u.a►'� , 1991 by � -�ve�� C- u k�t1 -as �'I t�� v� c�o ��r and by r c. l, -v. , t.��_ as �t' �P of the City of Fort Collins, Colorado. Witness my hand and official se�. � � , i �,��- {SEAL} otary Pu ic My Commission Expires : %G�� r��' �C%� � • • EXHIBIT A Leqal Description of Parcels 1 and 2: Parcel 1• A tract of land located in the Northeast Quarter of Section 1, Township 6 North, Range 69 West of the�6th Principal Meridian, Larimer County, Colorado being more particularly described as follows: Considering the North line of the Northeast Quarter of said Section 1 as bearing North 89`58'54" East and.with all bearings contained herein relative thereto: Commencing at the North Quarter Corner of said Section 1; thence along the East line of Fairway Estates, Third Filing, recorded in Larimer County records, South 00°11'05" West, 618.25 feet to the POINT OF BEGINNING; thence along the South line of a tract of land described in Book 2052, Page 507, recorded in Larimer County records, South 86°16'06" East, 300.58 feet; thence, South 00'll'05" West, 2003.17 feet to a point on the South line of said Northeast Quarter of Section 1; thence along said South line, North 89°56'50", 147.55 feet; thence, North 32°13'45�" West, 284.41 feet to a point on the West line of said Northeast Quarter of Section 1; thence along said West line, North 00°11'05" East, 1782.01 feet to the Point of Beginning. The above tract of land contains 13.442 acres. • • EXHIBIT A (Page 2) Parcel 2: • A tract of land located in the No�theast Quarter of Section 1, Township 6 North, Range 69 West of the 6th Principal Meridian, Larimer County, Colorado being more particularly described as follows: Considering the as bearing Nort herein relative North line of Northeast Quarter of said Section 1 h 89°58'54" East and with all bearings contained thereto: Commencing at the North Quarter Corner of said Section 1; thence along the East line of Fairway Estates, Third Filing, recorded in Larimer County records, South 00°11'05" West, 618.25 feet; thence along the South line of a tract of land described in Book 2052, Page 507, recori-led in Larimer County records, South 86 ° 16' 06" East, 300 . 58 feet to the POINT OF BEGINNING; thence South 86 ` 16' 06" East, 304.76 feet to a point on the West right-of-way line of Boardwalk Drive; thence along said West right-of-way, South 11°05'12" East, 78.73 feet to a point on a curve concave to the West having a central angle of 12°52'37", a radius of 576.00 feet and the chord of which bears South 04°38'S4" East, 129.18 feet; thence along the said West right-of-way line and the arc of said curve 129.45 feet thence along said West right-of-way line, South O1°47'25" West, 334.44 feet; thence, North 88°12'35" West, 321.20 feet; thence North 00°11'05" East, 550.09 feet to the Point of Beginning. The above described tract of land contains 4.053 acres. • • EXHIBIT B Use Restrictions for Parcel 1: Uses to be considered on Parcel 1 are limited to those allowed by right in the R-L Low Density Residential District, Sec. 29�-132.1 through Sec. 29-132.7 of the Code of the City of Fort Collins (the "Code") as of April 24, 1989. Those uses are: ; 1. Single-family dwellings. � 2. Public and private schools for elementary and high school education. 3. Public and nonprofit quasi-public recreational uses as a principal use. 4. Essential public utility and public service installations and facilities for the protection and welfare of the surrounding area, provided that business offices and repair and storage facilities are not included. 5. Churches. 6. Group Homes, subject to approval by special review. 7. Accessory buildings and uses. • • .• � . � EXHIBIT C Use Restrictions for Parcel 2; Uses to be considered on Parcel 2 are limited to: Uses allowed in the R-L-M Low 29-162.1 throu h Density Multifamil Coll�ns the ��g Sec. 2g-162,2 of the Cade Y District - Sec. i Code ) as of April 24 of the City of Fort ' 1989• Those uses are: 1• AnY use permitted in the subject to all R-L Low Density Residential District, District use requirements S , except planned unit develo PeCified for the R-L Sec. 2g-132,g of the Code ment unit development � Provided oweverses as provided in any uses listed i PrOcess may be used for the hdev lo Planned and for Sec. 29-132,1 through 29-132,7 pment of the development of uses as described °f the hereinbelow. Code in paragraph 2 2• Two-family dwellin s includin g and multifamily dwellin s g four-family units. g uP to and Child care centers or design, not small office buildin s to exceed 28' in height g� residential compatible to the neighborhood � With in considered �1•e• brick finish materials as future alternatives ' WOod or stucco amended master plan by the Cit ' Subject to a ) may be Boar�. y of Fort Collins Plan pproval of an g and Zoning