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HomeMy WebLinkAboutTHE QUARRY BY WATERMARK - FDP210016 - SUBMITTAL DOCUMENTS - ROUND 3 - SUPPLEMENTAL INFORMATION (2)DECLARATION OF COVENANTS AND AGREEMENT REGARDING UTILITY SERVICE CONDITIONS This Declaration of Covenants and Agreement (“Covenant”) is made and entered into this ______day of ____________, by and between _______________________________________ (“Owner”), for the benefit of THE CITY OF FORT COLLINS, a Colorado municipal corporation (“City”). The undersigned Owner hereby certifies that it is the owner of that certain real property described as follows: Address FORT COLLINS, CO 80521 Parcel Number: LEGAL DESCRIPTION: (the “Property”). Owner has, pursuant to the Municipal Code of the City (“City Code”), requested[water] [wastewater] [water and wastewater] service to a [non-dwelling accessory structure] [carriage house structure] on the Property, using the service line to the existing structure on the Property. Owner acknowledges and agrees that said requested service is subject to specific limitations and requirements pursuant to applicable provisions of the City Code, including, but not limited to, a prohibition on the sale and separation of the newly served structure without addition of a separate service line. In order to alert future owners of the Property to the restrictions associated with the foregoing, Owner is required by City Code to execute and record this Covenant document in the real property records of the Larimer County Clerk and Recorder for the Property. Owner, on behalf of Owner and any successor owner or owners of the Property, hereby covenants and agrees that, as of the time of approval of the above-described service, the following are conditions of the requested utility service connection permit: Individual service lines for each building required. (Sec 26-94 & 26-256) a. Each property shall be served by its own service line, and no connection with the water or wastewater utility shall be made by extending the service line from one (1) property to another property. Each building shall be served by a separate service line; however, the Utilities Executive Director may require that a building be served by more than one (1) service line. For purposes of this Section, the term buildingmeans a structure standing alone, excluding fences and covered walkways. A separate accessory structure is a separate building. To qualify as one (1) building, all portions, additions or extensions must be connected by an attachment that is an enclosed part of the building and usable by the occupants. b.Notwithstanding the provisions of Subsection (a) of this Section, the Utilities Executive Director may, after review and approval of the related plans and specifications, authorize the service of more than one (1) building by a single service line, provided each of the following requirements is met:The combined water use of the buildings shall not exceed the capacity of the service line and meter, and the combined wastewater flow from the buildings shall not exceed the capacity of the service line (as applicable);If the buildings are served by one (1) service line, the buildings shall be under single ownership; and no subsequent division of ownership, or subdivision of the property upon which the buildings are located, shall be permitted until separate service lines have been installed to each building;If the service is for residential use, only one (1) of the buildings may be used as a residential dwelling unless the buildings are located on a single platted lot and one of the buildings is a carriage house. For purposes of this Section, the term carriage house shall have the same meaning as in the Land Use Code; Plant investment fees, raw water requirements, and any other applicable charges required in connection with the additional building to which service is to be provided, shall be remitted as provided in this article. For a carriage house, additional plant investment fees and raw water requirements, as applicable, as well as monthly meter rates and any other related charges, shall be determined based on the addition of a new dwelling unit on the property; andA written covenant or other document signed by the owner of the property to be served and incorporating these requirements and limitations as a condition of service to said property, in a form provided by the Executive Director, shall be submitted to the Executive Director as a condition of approval, and shall be duly recorded at the office of the County Clerk and Recorder. The Owner, on behalf of Owner and any successor owner or owners of the Property, hereby further covenants and agrees that utility services to the Property are subject to the foregoing conditions, together with such additional conditions and requirements as the City may, from time to time, establish and impose on its provision of utility services. This Covenant shall be a burden on the Property, shall run with the Property, and shall be binding upon any future owners and encumbrances of the Property, their successors, heirs or assigns and shall continue in effect unless and until either: 1) each structure on the Property is served by individual, separate utility service lines; or 2) this Covenant is terminated with the consent of the City, or by operation of law. Should Owner fail to comply with the limitations and requirements set forth or referenced herein, then the City shall have the right to discontinue the affected utility service to the Property until such time as said failure has been corrected and any related amounts due or other obligations have been fulfilled. This Covenant is not intended to, nor shall it be construed to, override or supersede or modify any additional or conflicting provisions of the City Code that may otherwise apply to the Property or utility service thereto. OWNER: By: Name: _____________________________ Address: _____________________________STATE OF COLORADO))ssCOUNTY OF LARIMER.)The foregoing instrument was acknowledged before me this____ day of __________________, ________, by _____________________________________ [name of person acknowledged].My Commission expires:Witness my hand and Official seal.______________________________Notary Public FORM ACCEPTED THIS ______ DAY of ______________________, __________. BY: ________________________________ _____________________________ [Name, Title], ON BEHALF OF THE CITY OF FORT COLLINS UTILITIES EXECUTIVE DIRECTOR REFERENCE: B19xxxxx