HomeMy WebLinkAboutEDORA ACRES PARTIAL REPLAT - Filed OA-OTHER AGREEMENTS - 2003-07-31MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 14th day
of FEBRUARY� A. D. 1974 by and between THE CITY OF FORT
COLLINS, a municipal corporation, hereinafter designated as first party,
and MARTIN J. GOBLE
Hereinafter designated as second party, WITNESSETH:
WHEREA.S,.second
party
has heretofore submitted a
subdivision
plat of the subdivision
to be
known as JENNAWAY PLACE ��
P
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first party's Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NOW, THEREFORE, in consideration of the premises and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. In consideration of the approval of said plat by first
party, and first party's Planning and Zoning Board, second party agrees
as follows;
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
Cl) A plan of the proposed water distribution system
including the connecting pipelines to the points of connection to the
first party's existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first party's
existing sanitary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party's existing electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage system
showing the connections to the first party's storm sewer system and
including all storm sewer inlets and manholes. If a storm sewer outfall
line is not available, second party agrees to join into a special.improvement
district for the installation of such outfall line upon request therefore by
first party and to sign any petition and perform any other act necessary
to form such district.
(6) Items A (1) to A (S) inclusive are to be financed by the
party of the :second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by the
party of the :second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger water
mains, sanitary sewer mains or storm sewer mains to be constructed within
the subdivision than would be required by standard engineering practices
to serve the subdivision, in order to properly extend these services to
other areas, the City of Fort Collins will pay a portion of the cost of such
enlarged facility based on proration of the cost of the facility actually
constructed and the estimated cost of such facility as shown on the sub -
divider's approved plan. Such proration of costs between the City of Fort
Collins and the subdivider shall be determined in advance of construction
by the City Engineer and in the event of any dispute this matter shall be
submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to be
signed by its Mayor and its corporate seal to be hereto affixed attest to
by its City Clerk, pursuant
to motion of the Council of the City of Fort
Collins dated the /c( "i` day of A.D.,
19 71i , and second party has hereto set his hand and seal the day and
year first hereinabove written.
ATTEST:
7 j
-- .1, _7
ity C erk '
THE CITY OF FORT COLLINS
A Municipal Corporation
By `�C
Mayor
First Party
nd
(SEAL)
arty
MAINTENANCE COVENANTS
FOR
EDORA ACRES, P.U.D.
WHEREAS, F.C.L.A. INVESTMENTS, a Colorado Partnership,
(hereinafter referred to as "the Declarant") is the owner of that
certain parcel of real property located in the County of Larimer,
State of Colorado, legally described on Exhibit "A" attached
hereto and incorporated herein by reference, and hereinafter
referred to as "the Property"; and
WHEREAS, the Declarant desires to provide for the main-
tenance of the landscaping, parking areas, and common driveways
of the Property as described and designated in the Final Plat and
Development Plan for Edora Acres P.U.D. as approved by the City
Council of the City of Fort Collins, Colorado (hereinafter
referred to as "the Development Plan"). To this end, the Declarant
desires to subject the Property to the covenants, conditions,
restrictions, charges, and liens hereinafter set forth.
NOW, THEREFORE, the Declarant hereby declares that the
Property shall be held, sold, conveyed, transferred, leased,
subleased, and occupied subject to the following covenants,
conditions, and restrictions which shall run with the Property
and which are for the purpose of protecting the value and desir-
ability of the Property and every portion thereof and shall be
binding upon all parties having any right, title, or interest in
the Property or any portion thereof, their heirs, administrators,
successors, and assigns and shall inure to the benefit of the
owners thereof.
1. As used herein, the term "Owner" shall mean and refer to
the record owner, whether one or more persons or entities, of any
portion of the Property but excluding those having such interest
merely as security for an obligation. "Owner" shall include the
Declarant to the extent that the Declarant owns any portion of
the Property. The Declarant, or any subsequent Owner shall make
and install all landscape improvements and shall construct all
parking areas and common driveways in accordance with the
Development Plan for that portion of the Property owned. Land-
scaping, parking areas, and common driveways shall be completed
as designated in the Development Plan in the area adjacent to
each dwelling house, building, or other structure to be constructed
upon the Property within a reasonable time after the completion
of the construction of such structure. The Declarant and all
subsequent Owners shall be responsible for the continuous main-
tenance and care, in a good and husband -like manner (including
necessary replacement of dead trees and shrubs), of all such
landscaping within that portion of the Property owned in accord-
ance with the Development Plan and shall be responsible for the
continuous maintenance and repair of parking areas and common
driveways located within that portion of the Property owned.
2. In the event the City of Fort Collins shall determine
that the Owner of any portion of the Property has failed to
maintain and care for the landscaping in a good and husband -like
manner in accordance with the Development Plan, or has failed to
maintain or repair the parking areas and common driveways located
within that portion of the Property owned, then it shall so
notify such Owner, in writing, who shall restore the landscaping,
parking areas, or common driveways in accordance with the
Development Plan. If said Owner shall fail either to'restore the
landscaping, parking areas, or common driveways in accordance
with the Development Plan within thirty (30) days after receipt
of such notice, or to commence such restoration within twenty
(20) days after receipt of such notice and continue thereafter to
use due diligence to complete such restoration, then the City of
Fort Collins shall have the right to enter upon that portion of
the Property in question and perform the work necessary to
restore the! landscaping, or repair the parking areas or common
driveways in accordance with the Development Plan, and the Owner
of that portion of the Property so restored or repaired shall pay
or cause to be paid to the City of Fort Collins such reasonable
sums as are! necessary to reimburse the City of Fort Collins for
the labor and material expended by the City in restoring the
landscaping, parking areas, or common driveways in accordance
with the Development Plan. Said payment shall be made to the City
of Fort Collins within thirty (30) days after receipt of a statement
for the labor and materials so expended by the City of Fort
Collins.
3. In the event it becomes necessary for the City of Fort
Collins to restore the landscaping or repair the parking areas or
common driveways of any portion of the Property as herein provided
and in the event the Owner of that portion of the Property so
restored or repaired fails to reimburse the City of Fort Collins
for the cost of labor and materials expended in completing such
restoration, or repair then the City of Fort Collins shall have a
lien on that portion of the Property upon which maintenance,
repairs or improvements were made and upon the recording of
notice thereof by the City of Fort Collins, such lien shall be
constituted upon such portion of the Property so improved. To
evidence such lien, the City of Fort Collins shall prepare a
written notice setting forth the amount due and owing to the City
of Fort Collins for repairs or improvements made to the Property
as herein provided, the name of the Owner, and a legal description
of that portion of the Property upon which such improvements or
repairs were made. Such notice shall be signed on behalf of the
City of Fort Collins and shall be recorded in the Office of the
Clerk and Recorder of the County of Larimer, State of Colorado.
Such lien shall attach from the date of recording in the Office
of the Clerk and Recorder and may be enforced by foreclosure by
the City of Fort Collins of that portion of the Property improved
in like manner as mortgages on real property.
4. Any assessment made by the City of Fort Collins pursuant
to these covenants against the Owner of any portion of the
Property for landscape improvements or repair of maintenance of
the parking areas or common driveways shall be the personal and
individual obligation of said Owner at the time the assessment is
made. Suit to recover money judgment for unpaid assessments
shall be maintainable by the City of Fort Collins without foreclosing
or waiving the lien securing the same.
IN WITNESS WHEREOF, F.C.L.A. Investments, a Colorado Partner-
ship, has ex c ed these Maintenance Covenants for Edora Acres,
P.U.D. the -day of August, 1978.
F.C.L.A. INVESTMENTS, a
Colora o Partnership
By! - - L�fi�c�-• By: I
DANI ALSON, general partner PHIL P R. ISCH, general partner
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing Maintenance CovenVts for Edora Acres P.U.D.
were acknowledged before me this day of August, 1978 by
Daniel P. Wilson, and Philip R. Risch as general partners in
F.C.L.A. Investments, a Colorado Partnership.
My Commission expires: �Q�1.�0�,� 20) 198�-
WITNESS my hand and official seal.
(�l
Notary Public
-2-
EXHIBIT "A"
EXHIBIT "A" ATTACHED TO AND MADE PART OF THE MAINTENANCE
COVENANTS FOR EDORA ACRES, P.U.D.
REAL PROPERTY DESCRIPTION
Lots 1, 2, 3, 4, 5, 6, 7 Partial Replat of EDORA
ACRES, FIRST FILING, a Replat of Tract C, Block 2,
Edora Acres First Filing, in the City of Fort Collins,
County of Larimer, State of Colorado.-