HomeMy WebLinkAboutCLARENDON HILLS FOURTH - Filed OA-OTHER AGREEMENTS - 2003-07-07AGREEMENT AND ESTABLISHMENT OF
RESTRICTIVE COVENANT
THIS AGREEMENT, made and entered into this qf`' day of
A fAe,L , 1991, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation, hereinafter referred to as "the
City" and CLARENDON HILLS DEVELOPMENT CO., a Colorado general
partnership, hereinafter referred to as "the Developer."
W I T N E S S E T H:
WHEREAS, the Developer is the owner of certain property
situated in the County of Larimer, State of Colorado, and legally
described as follows, to wit:
Clarendon Hills Fourth Filing being a subdivision located
in the west half of Section 2, Township 6 North, Range 69
West of the 6th Principal Meridian, all in the City of
Fort Collins, County of Larimer, State of Colorado; and
Proposed Clarendon Hills Fifth Filing, the plat for which
has not yet been recorded but which was approved by the
City of Fort Collins Planning and Zoning Board on
February 4, 1991, said proposed subdivision located in
the west half of Section 2, Township 6 North, Range 69
West of the 6th Principal Meridian, all in the City of
Fort Collins, County of Larimer, State of Colorado; and
WHEREAS, the Developer desires to develop said property and
has submitted to the City subdivision plats and/or site plans and
landscape plans, copies of which are on file in the Office of the
Director of Engineering and made a part hereof by reference; and
WHEREAS, the Developer has further submitted to the City
utility plans for said lands, copies of which are on file in the
Office of the! Director of Engineering and made a part hereof by
reference; and
WHEREAS, the parties recognize and acknowledge the dedication,
by the Fourth Filing subdivision plat, of Tracts E and F, which are
located north of and adjacent to a natural water course known as
the Burns Tributary; and
WHEREAS, the Developer desires to develop the Clarendon Hills
Fourth Filing in accordance with the approved plans, and that the
City desires to protect and preserve in as natural a state as
possible Tracts E and F and the Burns Tributary.
III. Share of Utility Relocates and Traffic Is 1 0,000 NOW
Control
IV. Share of Professional Design and Is 1 501000 501000
Construction Services
V. Right -of —Gay 8 Easement Acquisition Is 1 15,000 15,000
SUB —TOTAL — TOTAL COSTS 276,920
Contingency at 5 Percent Is 1 14,846 14,846
Total Estimated Cost of Storm Drainage nit,766
Improvements Eligible for Credit or City
Repayment
Prepared by: Dennis L. Donovan, P.E.
Managing Partner
Land Development Services
309 V. Harmony Road
Fort Collins Colorado
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, it is agreed
as follows:
1. For the benefit of the City, the Developer does hereby
impose a restrictive covenant upon Lots 44, 45, 46, 47, 52 and 53
of the Clarendon Hills Fourth Filing in the City of Fort Collins,
Colorado, which covenant restricts and limits any fencing upon said
lots, which fencing is located within twenty-five (25) feet of the
boundary between said lots and Tracts E and F of said Clarendon
Hills Fourth Filing to wooden fencing only with no more than three
(3) horizontal cross -members between posts and specifically
prohibiting any solid fencing, commonly known as privacy fencing.
The City shall have the right to enforce this covenant by seeking
appropriate judicial relief.
2. On or before the issuance of a building permit for the
construction of a principal residence on the last undeveloped lot
of the lots identified in paragraph 1 hereof, or November 1, 1991,
whichever first occurs, the Developer shall plant grasses and small
shrubs acceptable to the City's Stormwater Utility in the area
shown on Attachment A incorporated herewith and by this reference
made a part hereof. Other areas of the Burns Tributary disturbed
by grading and installation of riprap shall be reseeded with
grasses approved by the Stormwater Utility of the City upon the
same schedule as aforesaid.
3. The City and the Developer agree to explore the
possibility of the City's purchase and development of a
neighborhood park on Tract C of the proposed Clarendon Hills Fifth
Filing and on Lot 59 of Clarendon Hills First Filing; and in
conjunction therewith, the parties shall also investigate the
possibility of the City's purchase of Lots 1 through 4 of the
proposed Clarendon Hills Fifth Filing for the purpose of acquiring
additional open space adjacent to the Burns Tributary.
4. The Developer does hereby grant to the City the option and
right to purchase Lot 59, Clarendon Hills First Filing, and Lots 1
through 4 and Tract C of the proposed Clarendon Hills Fifth Filing
for a total purchase price of One Hundred Fifty Thousand Dollars
($150,000), provided that the City and the Developer enter into a
Sale/Purchase Agreement specifying the terms of said purchase on or
before August 1, 1991, at which time said option shall terminate.
The Developer does hereby grant to the City the option and right to
purchase Tract C of the proposed Clarendon Hills Fifth Filing and
Lot 59 of the Clarendon Hills First Filing for a total purchase
price of One Hundred Thousand Dollars ($100,000), provided that the
City and the Developer enter into a Sale/Purchase Agreement
specifying the terms of said purchase on or before August 1, 1991,
at which time said option shall terminate. In the event that the
City and the Developer agree upon a purchase of Tract C of the
2
proposed Clarendon Hills Fifth Filing and Lot 59 of the Clarendon
Hills First Filing (with the possible addition of Lots 1 through 4
of the Clarendon Hills Fifth Filing), the Developer shall
establish, either by grant of easement to the City or by
recordation of a protective covenant naming the City as
beneficiary, a "conservation area" across the rear portions of Lots
44, 45, 46, 47, 52 and 53 of the Clarendon Hills Fourth Filing and
Lots 1 and 2 of the proposed Clarendon Hills Fifth Filing, which
"conservation area" is shown on Attachment B, incorporated herein
by this reference. Said conservation area shall include a
restriction on all fencing in the area to wooden fencing with no
greater than three (3) cross -members between posts and with no
construction of any type of solid or privacy fence and shall
include prohibitions against the erection of any structure, any
grading and any planting of bluegrass turf within said area as
shown on Attachment B. The purpose of said conservation area is to
extend the open space character of the tributary beyond the defined
drainage tract while preserving an acceptable lot area for
conventional residential improvements. If the City and the
Developer agree upon a purchase price for the purchase of the
property as described herein, and the purchase is accomplished, the
Developer shall be relieved of its obligation to install the
plantings and other improvements as described in paragraph 2
hereof.
5. If the City determines that the conservation area, as
described in paragraph 4, must extend beyond the area described on
Attachment B, the Developer agrees to sell any and all lots
affected by such extension of the conservation area to the City at
market value.
6. The Developer, being the owner of the property, is
possessed of a power coupled with an interest and does hereby agree
that this Agreement and Establishment of Restrictive Covenant shall
run with the applicable lots, tracts and lands as described herein.
7. This Agreement constitutes the entire understanding of the
parties with respect to the subject matter hereof and shall inure
to the benefit of the parties, their representatives, successors
and assigns.
97
IN WITNESS WHEREOF this Agreement has been executed the day
and year first above written.
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By: �-
City Manager
ATTEST:
City Clerk
APPRO AS TO FORM:
Deputy City Attorney
DEVELOPER:
Clarendon Hills Development Co.
A Colorado General Partnership
Ndnaging r
By:
ATTEST:
L rie Burgess, Secretary
(seal)
4
, Pres
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CLARENDON HILLS FOURTH FILING
FIRST AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT, made and entered into this di
1
day of , t6•va� , 199L, by and between the CITY OF FORT COLLINS,
COLORADO, a municipal corporation ("City"), and CLARENDON HILLS
ASSOCIATES, a Colorado limited partnership, ("Developer"), is an
amendment to that certain Development Agreement dated the 13th day
of March, 1991, by and between the City and the Developer,
("Development Agreement").
WHEREAS, the parties hereto previously executed the
Development Agreement; and
WHEREAS, the parties are presently desirous of modifying the
Development Agreement.
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
Page 11, EXHIBIT "B", of the Development Agreement shall be
modified entirely by adding the attached EXHIBIT "B".
Except as herein amended or modified, the Development
Agreement shall continue in full force and effect. This Agreement
and the Development Agreement constitute the entire understanding
of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands
the day and year first above written.
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By: C
AtevenC. Burkett
City Manager
ATTEST:
City Clerk
APPROV ',-ASA TO FORM:
�I�.0
Ci y Attorney
APPROVED AS TO CONTENT:
r..
q're for f Engineering
ATT
M
Developer:
CLARENDON HILLS ASSOCIATES,
a Colorado limited partnership
(corporate seal)
EXHIBIT "B"
The Development Agreement for Clarendon Hills Fourth Filing
COST ESTIMATE FOR MAJOR DRAINAGE IMPROVEMENTS
ITEM
DESCRIPTION
1. BURNS TRIBUTARY CROSSING OF SHIELDS STREET
A. Remove Existing Culvert and Replace
with New 664 RCP Culvert
B. Place Rip —rap for Erosion Control at
Downstream End of Culvert
C. Place Rip -rap, Erosion Control Mat,
and Revegetate Upstream, Entrance
D. Retaining Walls
SUBTOTAL — BURNS TRIBUTARY CROSSING
UNIT AMOUNT UNIT PRICE TOTAL COST
If
192
390
$74,880
c7
300
80
z41000
Is
1
31000
71000
cY
73
266
91880
cr
98
260
25,480
cT
6
260
11560
118,800
11. FOSSIL CREEK DRAINAGE CROSSING
A.
Remove Existing 60" Metal Culvert and
If
60
550
37,000
Replace with New 6' 6r 10' Concrete Box
Culvert
B.
Place Rip -rap for Erosion Control at
cr
30
50
1 15oo
Downstream End of Culvert
C.
Place Rip —rap, Erosion Control Mat,
Is
1
11100
11100
and Revegetate Upstream Entrance
D.
Retaining Walls
cr
61 —
260
15,860
cr
34
260
81840
ce
7
260
11820
SUBTOTAL — FOSSIL CREEK CROSS1116
77,120