HomeMy WebLinkAboutAMENDMENT TO PONDEROSA PARK PUD - PRELIMINARY - 17-87 - CORRESPONDENCE - APPLICANT COMMUNICATIONl -77S-7
August 13, 1987
Ms. Debbie deBesche
C/O City of Fort Collins
Office of Development Services
Planning Department
RE: Final Documents for the Replat of
Ponderosa Park PUD, Phase 3 & 4
Dear Debbie:
I will agree to hold a Homeowners' Association meeting within one (1) year
or when 60% of,the lots are sold, whichever comes first.
Sincerely,
pio=artin
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the P.U.D.
City of fort Collins, County of Laric.ler,
State of Colorado
Phase 3 and 4
The undersigned, fee owner of Ponderosa ParK 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.M. 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
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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 in provements 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 -
Ponderosa Park Phase 3 & 4 P.1J.D, which real property shall include the
property subject to these Covenants.
DATED this /3_ day of
Owner
By
y
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
19_, by as
as Secretary of
My Commission expires:
Witness my hand and official seal.
Notary Public
day of
and
EASEMENT DEDICATION
KNOW ALL MEN BY THESE PRESENTS: That the undersigned being the owner of
the following described land to —wit:
Lots 3 thru 10, Ponderosa Park P.U.D „ City of Fort Collins, County
of Larimer, State of Colorado.
do hereby dedicate and convey to the City of Fort Collins, Colorado forever
hereafter a 20.00 foot wide.nonexclusive drainage easement in the City of Fort Collins
County of Larimer, State of Colorado more particuarly described as the East
20.00 feet of said Lots 3 thru 10.
It is understood by the undersigned that, by acceptance of this dedication,
the City of Fort Collins will not accept the duty of maintenance of such
easement.
Witness our hand and seal this day of .The
Mabel F. Baetz Trust and The Ponderosa Park Trust.
Mabel F. Baetz, Trustee (� Paul D. Ba t Trustee
State of Colorado)
)ss
County of Lari'mer)
The foregoing instrument was acknowledged before me this day of.
A. D. 198_7 by,
N wry Public
My notarial commission expires:
My business address is: f, z T -r � C—on
ATTORNEY'S CERTIFICATE
This is to certify that on the day of A.D. 19
I examined the title to the property hereon described and established that
the owners and proprietors of record of said property as construed in C.R.S.
1973, 31-23-111, are as shown hereon as of said date.
Address:
Registration No.
PROPOSAL FOR STORM DRAINAGE ACCESS TO SKYLINE MOBILE PARK II, INC.
FOR PONDEROSA PARK P.U.D. PHASES III AND IV
1) An easement for 165 lineal feet of 10 inch P.V.C. pipe running
from the Ponderosa P.U.D. Development to the existing pump basin in
Skyline Mobile Park II, Inc. will be provided by Skyline Mobile Park
II, Inc. This easement must be properly surveyed and recorded at.
the expense of Ponderosa Park P.U.D.
2) Ponderosa Park P.U.D. will pay a one time fee of $600.00 to
Skyline Mobile Park I.I, Inc. This fee will help defer the costs of
pump electricity and maintenance. The fee is expressly for the hook
up of Detention Ponds 41 and #2 and does not include the hook up of
Pond #3 or any additional load on the system. This fee is due
before the time of hook up.
3) All designs and installations must have the written approval of
Skyline Mobile Park II, Inc.
4) No work will be preformed on Skyline Mobile Park II, Inc.'s
property without obtaining proper insurance and contractor payment
guarantees so as to hold Skyline Mobile Park II, Inc. harmless of
any liabilities incurred during installation.
5) All inlets to the storm sewer system will include some type of
screening so as to preclude the passage of anything larger than 3/4
inch square.
6) All pipeline maintenance remains the responsibility of
Ponderosa Park P.U.D. and/or it's Homeowner's Association and must
be handled in a timely manner, so as not to hinder the drainage of
the South end of Skyline Mobile Park II, Inc. Ponderosa Park P.U.D.
and/or it's Homeowner's Association will assume liability for any
Page 1 of 2
damages incurred due to improper maintenance of the pipeline or the
inlet screens. Should it become necessary for Skyline Mobile Park
II, Inc. to preform any pipeline maintenance, Ponderosa Park P.U.D.
and/or it's Homeowner's Association will be responsible for all
costs incurred, including collection and attorneys fees.
7) Due to the postponment of approval of the Ponderosa Park P.U.D.
and the timing involved in the completion of landscaping as
scheduled at Skyline Mobile Park II, Inc., it will be necessary to
install the 10" pipeline in the Skyline Mobile Park II, Inc. easment
immediatly. If Ponderosa Park P.U.D. is unable to make arrangements
for installation of the line and the work scheduled now, Skyline
Mobile.Park II, Inc.' will install the pipe to the property line and
sell it to Ponderosa Park P.U.D. at the time of hook up.
THIS AGREEMENT ENTERED INTO THIS _day of AUGUST, 1937 by
SKYLINE MOBILE PARK II, INC. PONDEROSA PARK P.U.D.
CHARLES SPIKE HOFFMAN, PRES.
AND
G`JOHN D..MARTIN, DEVELOPER
SUBSCRIBED AND SWORN TO BEFORE ME THIS 13 DAY OF AUGUST 1987:
I ATTEST THAT Charles Spike Hoffman and John D. Martin appeared
before me this day of August 1987.
Notak Public
Page 2 of 2
My commission expires July 25. 1990