HomeMy WebLinkAboutTHE MARK - FDP240013 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (3)RCPTN # 87033519 _0/87 14:04:51 # OF 1-n,iES - 2 FEE - $6.00MRODENBER3ER, RECORDER - LARIMER COUNTY, CO STATE DOC FEE $.00
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the P.U.D, fV•£. V41 of 5ECTim aa, 7WN r7 NAIR)
City of Fort Collins, County of Larimer, RRNbE 61 WEST of THE GT&9.M.
State of Colorado
KELLY-MOORE REVISION TO THE
The undersigned, fee owner of BANK CENTER SQUARE P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby
specifies that these declarations shall constitute covenants to run with
all of the Property and shall be binding on all parties and all persons
claiming under them, and for 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
fail in 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 Larimer County, Colorado, a mandatory injunction
requiring rectification of the default, or (2 ) to enter upon said property
and perform the work necessary td replace said improvements or maintain the
same and the owner shall pay or cause to be paid to the City of Fort
Collins such sums necessary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain 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
0
C n r^ ,.i T T
J
and enteredinto this `/ clay of Anri
l , 197r, by an(? h(,_twr:en qL
n . `7TLi:T'ISO: ? . and C:_T tGI:S D. iz 1ITT -TG, Wilkinson-
Box,lincr Partnership, he-
reinafter Cesignated as the "applicant" , and r-=?,)
on IF.ZI Ar1l1 ''1 C, t4, .Ty, a Colora(?
o :.utual irriclati on corporation, hi.r;?
inafter eesicnatec as "ditch corrany" . RO.TT,
C`." 17ons'.ruction
of a eetention ponC: in connection with the c'evelol):-:
ent of a warehouse buii(Iinn or other structure on or near T,ot ^
c i are P.7.1. , in the City of Fort Collins, Co.In
y of Tari'.:er. r'tate of Colora(?o. iT; .7.'-'
nr' +the Oitcl no,nanv is the oS.Tner of an irriraticn ii tch
an(: the riri:t-of-wa} therefor; anc' a nlicant Opsires 1-o ccnstr;lc
t a bvi lC'i nc- with its Fanpurtenances, an(--- in Cnnrecti orl S C'_
rc- rith, rnigt proviC",e .-',-"or the arFerly runo-`f an_c. Craina(Ye of s tor.
i:a crs ther•'._ror. ; and f' , attached
hereto as "y hihit t" is a nap showinc- he ):wi
l:'ing to Le constri ctec: anc'. its .goner location; ane, the ditch
conpany is willing 'to grantto a, , licant ri c)
l.t to ccnstroct the detention pond) su?-hstantially shoern on hibit "A"
upon the terr,s .anc. conditions hereinafter set forth. 10! 11
771'T!71'0777, in consic?eration of the nrerises anC2 the terns of the
wit-hin agreement, it is acTreeO. as follows- 1. Ditch coiinany
grants unto applicant the right to construct saic detention
pond and related facilities for orc'erly Cra.inaue into
the e,cisting ditch of the ditch company, and further rants unto applicant
the right of ingress anc? egress to a Fart of its citch as
shall be reasonable and recessary for the exercise of the rights
granted herein.
k
2. Applicant will construct a Oetention bond reasonably
of ective to ter.iporarily withhold a 100-;rear storm, as cor-T-only
c'efined, with an outlet pipe six (G") inches in O..iameter in the
eneral location shown in E):hibit ", and subject to final
inspection and approval by eit:ch co,.,. -)any or its engineers.
3. _n the event ditch company should reasonably require
chances in the exterior r:aterial of the (ietention pond bank or
a Yitional heinhth thereto, an.-)licant agrees to forthwith comply
with Citch company's request.
4, Applicant agrees to nay witch conpany a
r-
nernit fee in
thc a:.ount of 'two :?tin6rer, Fifty anc'. '70/100 02750.10) ''ol.la.rs for
the grant c?_f ; t'i ri C';?t an( ' shall ri?I"thF r rP_lr--)arse fti -ch cor.nany
fcr any legal or engineering e::»er_ses incurree '.-t• ;'he
cii Lei; co.:._ -)any in e_<<<!ni nine; the facility or in enforcirq tho torr.s
of this acree_ ent.
5. .'applicant nrther agrees to maintain sai 0 detention
pone anc' pine in er;-etuity and inelnCce this ololication as a
covenant running with the title to the _anc1, iinle_ss the runoff
iron this project eventually is carries by an a0enmate storm
s ,, e r .
G . it is un_ erstoo6 anc acreecl that the nrobler. of grater
csuality and res po.isihility and liability therefor is not eleterr,.ined
I.Dy this agree= tent .
7. ^ti.e >>roject shall!'he jgit11ont cost to the e-i tch cor-:ranv
ar,7 the applicantcant hereby inser7nifies anc'• -Forever holOs the Clutch
cci i-any harnless fro_n lial)ilitV -f-or c'a-,ac*es cat_sed by t7le project.
Pitch conpany shall have full Power to operate, maintain,
alter., enlarce or relocate its ditch as if this arreerent has? rot
been r.iade and any e::?senses caused thereby to the applicant shall
not he chargeable to the ditch cor::nany.
7A,GR:_ 'U:'I^ shall extend to and be binding upon the
successors and assigns of the respective Parties hereto.
I -I 17ITNESS < HEEPEOP, the parties hereby have caused this
tr
agreei.tent to be signed the c'_ay and year first hereinabove written.
2-
w
lz 1 (.-
illiara C. :'tc , =r, erI S'' '
OP Ss.
o
Tit or T aririf7 r ) T•
TTTIT'I''j 'n'?-r I'T'L ,1 /nATt';"TFR.FIp , LL
arl
Iiil. 2 nsor., Partner Charles
7: "i owling, Parapet,% T"
IF r',i_ ZT")nr) T R'-• 1rA`i Tn'l Cn'` AIlY I a
Colora0b rAztilal Irrigation corporation, Calvin
Tohnson, President he
al,ove anc. ^Grc.,going iP_s"rlL":'nt t•'`C st?hGcribcO.. ar-c myorn C
or e _11S /j' }C-_av_ o Ar r1 ] 197P tiv _..'t-TI?; n . ' .- - T Tr }•• ane. r -,
r nnT - -(' -! • / T-TT -. ..nn•---,.1.- T..,. r .ter,--r+rC: •'TT . i *-
r:ess r ti pane an(! ofl=— ; al Gnal ty
Co; i.:i ssion 7:,-nires : yt 44hlic
rl
ss.
onnty
of T,ar_i-.-czr ) The
alxwe Inc' fcr,.-ccinc- instrur.-nt v-us s::uscribe(2 arc sworn
to hcfCl-e 7-'Cl h-',' T1T,'T' C.'..1:'' :, as nreSirenfi, anc' 3`tnstr_C? to
Li lr lTi• C. ;7'_10V . - , c-iS 7ecretarv, Of a
Colori,.Co rmtval irricration CO'_ nOrci tl0?s. itr,
css r.,r pane arc official seal y
c u-c''-t i s c i on T?:p i rc- s., oars "..±-,
lic ' 3-
41
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 not have a lien against any
single-family lots and improvements thereto within the property, if
applicable. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to Colorado law for
enforcement of liens against real property and may also, at its discretion,
without waiving any other rights it may have pursuant to law, proceed
directly with legal action against the owner, its 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 Covenants for the real property platted as "The Kelly -Moor
Revision to the BANK CENTER SQUARE P.U.D." which real property shall include the
property subject to these Covenants.
DATED this day of PPk 4- 19 7
ATTEST:
ecretary
STATE OF COLORADO )
lcc
GENERAL ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN MATEO
OFROAL SM
JEAN 90YKE
SEMI MAiEO COLWry
Mp Comm, EA. Dro. N 1
Owner
7,,1=t-cy-'ilGlc7Kt Y.4 nJr t p,
By /d 2 Z,
T i t l e 1h,4A.,,+1£,c bra c — Pl
NO. 201
On this the 13thday of
SS.
Jean Boyke
May
the undersigned Notary Public, personally appeared
W. E. Berra
19
87
before me,
CXxp6sonally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose names isi) subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
7110 122
N a 's Signature
NATIONAL NOTARY ASSOCIATION 0 23012 Ventura Blvd. 9 P.O. Box 4625 • Woodland Hills, CA 91365-4625
ASSIGNMENT 1
qv
As security for the performance by Bankcenter,
Incorporated (the "Developer"), of its obligation to The City
of Fort Collins to complete development of the property
described on Exhibit A attached hereto in accordance with the
planned unit development for such property filed with and
approved by the City of Fort Collins, the Developer hereby
assigns and pledges Savings Account No. 8-068165-3 in its
name with World Savings and Loan Association, such account
being in the amount of Ten Thousand Two Hundred Twenty Five
Dollars and Twenty Three Cents ($10,225.23).
The conditions of this Assignment are that if the
Developer completes the development of such site in accord-
ance with the referenced planned unit development by the 2
day of , 19 $0, then this Assignment shall be
of no further effect and all interest of the City of Fort
Collins in such account shall terminate. In the event such
work is not completed by said date, the City of Fort Collins
shall have the right to complete such work and to recover the
cost of the same from the account pledged hereby.
Dated: a f,ZQ , 1980.
BANKCENTE T--1,CORPOORRATED
Y
e s id e n t
EXHIBIT A
A portion of the NE 1/4 of Section 23, Township 7 North,
Range 69 West of the 6th P.M., City of Fort Collins, County
of Larimer, State of Colorado, described as follows: Begin
at a point on the South line of said NE 1/4 which is N
90000100" W 744.77 feet from the East 1/4 corner of said
Section 23 (said point also lies in the South line of Lot 3,
Bankcenter Square First Filing, a subdivision in the City of
Fort Collins, Colorado) and runs thence N 90100100" W 185
feet to the SW corner of Lot 3, Bankcenter Square First
Filing; thence continuing N 90*00100" W 58.75 feet to the
westerly line of the Colorado and Southern Railway Company
right-of-way; thence along said right-of-way N 05147130" E
214.10 feet; thence S 90*00100" E 35.53 feet to the West line
of Lot 3, Bankcenter Square First Filing; thence continuing S
90000100" E 185 feet; thence S 00*26100" W 213.01 feet more
or less to the point of beginning.
t
d1 0a i
J U N 2 01978,
42CE'3rf92 .. Ja., itraai 8. i a osedl
ruiiU(iy
LOT 3, BANKCENTER SQUARE,
COMMERCIAL PLANNED UNIT
DEVELOPMENT, FORT COLLINS,
COLORADO.
The undersigned, being the owners of Lot 3, Bankcenter
Square Planned Unit Development, Fort Collins, Colorado, more
particularly described on Exhibit A, attached hereto and by
this reference made a part hereof, hereby covenant with the
City of Fort Collins, Colorado, that in consideration of the
approval of the final plat and plan for Lot 3, Bankcenter Square
Planned Unit Development, the undersigned agrees to maintain
all landscaping, parking areas, sidewalks, and all other open
spaces as shown on the site plan for said planned unit develop-
ment and to :keep said open spaces clean and in good repair. In
the event of the failure of the undersigned or its assigns to
keep said open space clean and in good repair, the City of Fort
Collins, Colorado, upon twenty-four (24) hours notice to the
undersigned or its assigns, may proceed to clean, repair or
maintain said open space and any cost expended by the City of
Fort Collins, Colorado, for such work shall be an obligation of
the undersigned or its assigns. Upon failure to pay for such
f
work, the City of Fort Collins may file a lien against said
property, obtain a judgement against the undersigned or its
assigns and foreclose said lien. This shall be a covenant
running with the land and shall be binding upon the undersigned
and its assigns.
DATED this 31st day of May A.D. 1978.
Charles Bowling, Owner
son, Oyrner
L'_ l•a wt..f
Ba center I corporated
10
9K 1 5 7
TATE OF COLORADO )
ss.
COUNT LARIMER )
Subscribed an worn to before me this
A.D. 19 by
My Commission expires:
Notary
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
c
day of
The foregoing instrument was acknowledged before me this
31st day of June, A.D. 1978, by Charles Bowling, Earl Wilkinson
and Robert H. Busch as President of Bankcenter, Incorporated.
Witness my hand and official seal.
My Commission expires: February 14, 1981.
i, Notary Public
7
2-
C tr v fU i} (J !3 )
EXHIBIT A
TOTAL PARCEL A AND B
Begin at the Northwest corner of Lot 3 of Bankcenter Square,
First Filing, and run thence West 8.75 feet to a point on
the east right-of-way of the C & S Railroad which is 50 feet
from the centerline of the tracks; thence along said east
right-of-way line, S 05047'30" W 461.13 feet; thence East
58.75 feet. to the Southwest corner of said Lot 3; thence
N 00026' W 458.79 feet to the point of beginning, containing
15481 square feet, more or less.
G
MEMORANDUM OF AGREEMENT
THIS IS A LICENSE TO USE ONLY
Mr. Earl Wilkinson and Mr. Chuck Bowling, who desire to
use a piece of ground owned by James Johnson & Son, Inc.,
which lies directly south of the Sherwood Irrigation Ditch,
agree to the following:
1. The ground will be used only for a required
detention pond.
2. The detention pond will be constructed as an
earth berma.
3. The area will be landscaped.
4. The landscape plan will be approved by Mr.
Melvin Johnson, President of James Johnson
and Son, Inc.
5. Wilkinson -Bowling or future owners of the
Wilkinson -Bowling property will maintain the
landscaping at their sole expense.
6. The credit for landscaping and the land area
involved will relate to the planned unit de-
velopment requirments of the Johnson property
only. A description of the area is attached.
In return for the above James Johnson & Son, Inc. or future
owners agree to allow continuous use of the piece of ground
for a detention pond as long as required for the Wilkinson -
Bowling property by the City of Fort Collins. If the re-
quirement by the City is terminated or the Wilkinson -Bowling
property is redeveloped and there is a way the drainage
requirement can be otherwise satisfied, this agreement shall
terminate.
Accepted and agreed to this ,; day of April, 1978.
arl Wilkinson'—
Chuck Bowling
JAMES JOHNSON SON, N .
ATTEST: ( ' By: ,
J t in Johns President
Secretary
r
DEDICATION OF STREET
Bankcenter Incorporated, being the owner of the following described
property hereby dedicates the same to public use forever for street purposes:
A part of Lot 3, Bankcenter Square, First Filing, City of
Fort Collins, County of Larimer, State of Colorado, which
considering the East line of the Northeast 1/ 4 of Section 33,
Township 7 North, Range 69 West of the 6th P. M. , as bear-
ing N 00' 25' W and with all bearings contained herein relative
thereto is contained within the boundary lines which begin at
the Southwest corner of said Lot 3, which bears West 664. 55
feet from the East 1/4 corner of said Section 23, and run
thence N 00' 26' W 458. 79 feet; thence East 55. 00 feet;
thence S 00' 26' E 458.79 feet; thence West 55. 00 feet to
the point of beginning.
IN WITNESS WHEREOF, the President and Secretary of Bankcenter,
Incorporated have hereunto set their hands and seals this
f-
day of
A. D. 1971.
BANKCENTER, INCORPORATED
resident
SEAL
Attest:
r
Se, retary State
of Colorado ) s
s. County
of Larimer) day
of The
foregoing instrument was acknowledged before me this 8th Robert
H. Busch as A. E. A4ar , ter. as November
A. D. , 1971, by/the President and/ Secretary of Bankcenter,
Incorporated. My
notarial commission expires: Au€
lust 7. 1972 J Notary
Public APPROVAL:
By th Planning and Zoning Board of Fort Collins, Colorado, this I'
da of /' ' `z A. D. , 1971.
CITY OF FORT COLUi�.9
MCRODGNSERGLRyR�CORDER25LARIMER�COUNTY C�� �SPATE DOC1PE�EE $$.00
EASEMENT DEDICATION
KNOl4 ALL M[N QY THESE PRESENTS: That the undersigned, being the owners
and proprietors of Lot 17, 5pring Court Subdivision, City of Fort Col1ins,
County of Larimer, State of Colorado, do hereby dedicate and convey to and
for public use forever hereafter a non-exclusive storm vraCer detention easement
described as follovis:
A part_of Lot 17, Spring Court $ubdivision v�hich begins at the /
feethalongctlieetJest line oftsaidaLotrl7;�thenceNS 66°z0G'4'35��Eo V
1Q$.15 feet to a puint on the 5outh line of said Lot 17; thence
N 90° 00' 00" 4J 135,00 feeC to the poinC of beginning.
Grantor reserves the right to use of the above-described easement. This
dedication is subject to existing easements, covenants, and rights-of-way of
record.
�ames Johnson & Son, Inc.
, BY: Attest:
h1e in Johnso President 5ecretary
� STATE OF COLORADO)ss
CDUNTY OF LARIMEP,)
Th foregoing instrument was acknowledged before me this �� day of
�g�, by Melvin Jonnson, President, James �ohnson &
Sop,'"`,(ii',�,`
W;9'�`nas�!•timy.ha�id and official seal.
� �.�e•�, . N tary Public
, -� /-�,
''N�y�co�Mi�s�iorj �expires; ��y���//Y��
, /
_ ,�.:
����",,;;���1j11' pTTORNEY'S CERTIFICATE
� This is to certify thal; on the ��day of 1 ce_W�.e���� A.D. 19�,
T examined the title to the property hereon described and established that
the owners and proprietors of record of said property as construed in C.R.S.
1973, 31-23-111, are as shown hereon as of said date.
Sj , Address:
�c, _,��".�` �'Z S' 4�ed�"!�u'�e rvu_# I�
Registratio o. IZ�vB -
�-7^r�I'} Cul �hS C� OS.LJ
Legal description of easement was created by Richard A. Rutherford, P.[.
& L.S., P.O. 8ox 429, Fort Collins CO 80522
CITY�maY M���'^