HomeMy WebLinkAboutSPRING CREEK PLAZA - Filed OA-OTHER AGREEMENTS - 2012-01-19PROTECTIVE COVENANTS - SPRTNG CREEK PLAZA
Situate in the NE 1/4 of Section 22, Township 7
North, —Range 69 West ot the Sixth Principal Meridian
City of Fort Collins, Count �of Larimer
State of Colorado
GENE-E. FISCHER, fee owner, and WINFRED KURTZ, Lessee -
Developer, pursuant to a net ground lease of the following
described real property located in the City of Fort Collins,
County of Larimer, State of Colorado; to -wit: Spring Creek
Plaza Subdivision, a planned unit development situate in
the NE 1/4 of Section 22, Township 7 North, Range 69 West
of the Sixth Principal Meridian and described as follows:
A tract of land situate in the Northeast 1/4 of
Section 22, Township 7 North, Range 69 West'of
the 6th P.M., Fort Collins, Larimer County,
Colorado, which considering the East line of the said
Northeast 1/4 as bearing S 00°10130" E and with all
bearings contained herein, relative thereto, is
contained within the boundary lines which begin
at the Northeast corner of the Southeast 1/4 of
the said Northeast 1/4 which bears S 00*10130" E
1323.35 feet from the Northeast corner of said
Section 22, and run thence N 89*36' W 256.00 feet
along the centerline of West Stuart Street; thence
S 00010130" E 403.82 feet; thence S 89*44' E 255.99
feet to a point on the East line of the said North-
east 1/4; thence N 00*10130" W 403.22 feet to the
point of beginning;
do hereby make the following declarations as limitations,
restrictions and uses to which the said tracts may be put,
and hereby specify that these declarations shall constitute
covenants to run with all of the above described land, provided
by law, and shall be binding on all parties and all persons
claiming under them, and for the benefit of the City of Fort
Collins and all future owners of all or part of said tracts,
and limitations on all future owners of all or part of said
tracts. This declaration is executed for the purpose of
guaranteeing that said tracts will be landscaped initially
and kept in desirable condition in the future as herein speci-
fied.
I. The landscape improvements as described in the land-
scape plot plans submitted to the City of Fort Collins and
on record therewith shall be made and installed in the manner
as described in said plan unless amended pursuant to the
approval of the City of Fort Collins.
2. Upon beginning construction of any building the developer
or owner shall cause the property contiguous to said build-
ing to be seeded and suitably planted with grass, trees and
decorative shrubs pursuant to the provisions of said landscape
Plot plans excepting, however, lands necessary for construction.
3. It is further understood and agreed that the developer
of said property, the owner, or their assigns or successors
in interest, shall be responsible for the maintenance and
care (including necessary replacement of dead trees or shrubs)
of all "planted and landscaped" areas within said property.
4. Should the developer and/or owner fail in any respect
to comply with the terms of this agreement, the City of Fort
Collins, upon notifying said developer and owner in writing
of the matters in regards to which default is asserted and
should the developer or 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
and continue thereafter to use due diligence to rectify such
default until it is fully rectified or cured, shall have
the right to enter upon said property and perform the work
necessary to replace said improvements or maintain same and
the developer or current owner shall pay or cause to be paid
to the City of Fort Collins such reasonable sums necessary
to reimburse said City of Port Collins for the labor and
material expended to complete or maintain said improvements,
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which payment shall be made within ten (10) days after receipt
of billing: If said billing is not paid, then the said City
of Fort Collins pursuant to the authority granted by these
covenants shall have a lien on the property and improvements
within the planned unit development on which said work was
performed, said lien to be exercisable by filing a notice
of said lien against said property and improvements.
S. The City of Fort Collins shall be entitled to all.
rights of foreclosure or other remedies existing pursuant
to Colorado law for enforement of liens against real prcperty
and may also at its discretion without waiving any other rights
it may have pursuant to law, proceed directly with legal
action against the developer or current owner, their assigns
or successors in interest to collect payment of the reason-
able amounts so expended pursuant to the terms hereof.
Dated at Fort Collins, Colorado, this day of June,
1977.
i
G G Fisc er - Owner
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
day of June, 1977, by Gene E. Fischer and Winfred Kurtz.
Witness my hand and official seal.
( S E A L )
�d-Z E2 -rV7t_iC/ '
Notary Public
My commission expires: 8/14/80
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