HomeMy WebLinkAboutSEVEN ELEVEN CONVENIENCE STORE AT CUNNINGHAM CORNER PUD - Filed OA-OTHER AGREEMENTS - 2012-01-05RCPTN # 86002164
J. ULVANG, RECORDER
M
01/13/86 11:43:33
- LARIMER COUNTY, CO.
OF PAGES — 2
DOC. FEE —
SITE AND LANDSCAPE COVEHAtITS
FOR
Parcel D at Cunningham Corner p.U.D.
Situate in the
City of Fort Coll ins; County of Larimer,
State of Colorado
FEE - $6.00
$.00
Parcel D at
The undersigned, fee owner of Cunningham Corner P.U.D. (The
Property) located in the City of Fort Collins, County o Larimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby speci-
fies 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 ini-
tially and k1pt 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 con-
servation 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 ap-
proved by the City of Fort Collins. It is further understood and agreed
that the a4ner of the Property, or its assigns or successors in interest,
�t 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 spate areas and all areas otherwise uti-
lized for buffering energy conservation ur 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 -toreplace 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
1
billing is not paid, then the City of Fort Collins pursuant to the author-
ity granted by these covenants, shall have a lien on the above described
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; pro-
vided, 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 en-
forcement 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
Parcel D at' P.U.D." which real property shall include the property
subject to these Covenants.
DATED this 13 day of November , 19 8b,
ZIP
�•�P1VTEST: Ronald L. Lustig
a�
,1e�retary
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— .006`• ��i,a i�
� `` o `STATE OF COLORADO )
':oc:nt
)ss
COUNTY OF LARIMER )
Owner Thomas R. Sibbald
By
e
The foregoing instrument was acknowledged before me this
19 F by—S�aara day of
Qve rn . and
as Secretaryof,`� as r �. ca4C��
y Commission expires:C
M
'witness +ly hand and official seal.
Notary Pub tc
RCPTN # 86002163 iL
J• ULVANG, RECORDERU 13 86 11:43:15 # OF PAGES
IMER COUNTY - 1 FEE - $3.00
CO. DOC. FEE- $.00
NOTICE
Please take notice that on November 25, 1985, the Planning and Zoning Board
of the City of Fort Collins, Colorado, approved the Final PUD Plan known as
7-Eleven Convenience Store at Cunningham Corner, Tract D PUD, which
development was submitted and processed in accordance with Section 118-83
of the Code of the City of Fort Collins. The Final Plan of the subject
property together with the development agreement dated November 22, 1985
between the City of Fort Collins and the developer, out of which documents
accrue certain rights and obligations of the developer and/or subsequent
owners of the subject property, are on file in the office of the Clerk of
the City of Fort Collins.
The subject property is more particularly described as follows:
A parcel of land located in the SW 1/4 of the SW 1/4 of Section 26,
T6N, R69W of the 6th P.M., being a replat of a portion of Block No. 5
of. Cunningham Corner, a PUD, City of Fort Collins, Larimer County,
,{ C;o;I eraao
_n
Se eta y, P anning and oning Board
�{ Ci y of Fort Collins
Dated: /14I i