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HomeMy WebLinkAboutBANKCENTER SQUARE - Filed OA-OTHER AGREEMENTS - 2003-07-31RCPTN # 87033519 _0/87 14:04:51 # OF 1-n,iES - 2 FEE - $6.00 M RODENBER3ER, 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 applicant cant 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 is i) 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 f U 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.