HomeMy WebLinkAboutCOTTONWOOD PUD - Filed OA-OTHER AGREEMENTS - 2003-07-311982 MAR 2 5 Al 11 : 31
451720
COUNTY 05 LARIMER
LANDSCAPE COVENANTS
FOR
STATE OF COLORADO
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ram^,
'PRESIDENTIAL
Cottonwood P.U.D., Tract "A"
Situate, in the S.E. 1/4 Section 24, Township 7 N,
Range 69 W. of the City of Fort Co ins, ounty of Larimer
6th P.M. State of Colorado -
Thomas D. Murphy, III, and
T. D. Murphy Construction Co.,
A Colorado Corporation , fee owner of Cottonwood PUD, Tract "A"
P.U.D. T—ocated in the City o Fort Collins, County of Larimer, tate o
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the said tract may be put, and hereby
specifies 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 and
limitations on all future owners of all or part of said tract, this declar-
ation being signed for the purpose of guaranteeing that said tract will be
landscaped initially and kept in desirable condition in the future as
herein specified.
The landscape improvements as described in the landscape plan sub-
mitted 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. With the exception
of lands necessary for construction, the owner shall cause the property
within said P.U.D. to be developed according to the landscape plan sub-
mitted to and approved by the City of Fort Collins. It is further under-
stood and agreed that the owner of said property, or its assigns or suc-
cessors 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 P.U.D. 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 regards 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 com-
mence within twenty (20) days to rectify such default and continue there-
after to use due diligence to rectify such default until it is fully
rectified or cured, then the City of Fort Collins shall have the right to
enter upon said property and perform the work necessary to replace said
improvements or maintain the same and the owner shall pay or cause to be
paid to the City of Fort Collins such reasonable sums necessary to reim-
burse 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. If said billing is not paid, then:;
the City of Fort Collins pursuant to the authority granted by these cove-
nants, shall have a lien on the above described property and improvements
thereto. Said lien to be exercisable by filing a notice of said lien
line, or nearer than 15 feet to any side street line.
(2) No building shall be located nearer than 5
feet to an interior lot line, except that no side yard shall be
required for a garage or other permitted accessory building located
60 feet or more from the minimum building setback line. No dwelling
shall be located on any interior lot nearer than 15 feet to the
rear lot line.
(3) For purposes of this covenant, eaves, steps
and open porches shall not be considered as a part of a building,
provided, however, that this shall not be construed to permit any
portion of a building on a lot to encroach upon another lot.
e. Lot Area and Width. No dwelling shall be erected or
placed on any lot having a width of less than 50 feet at the minimum
building setback lines, nor shall any dwelling be erected or placed
on any lot having an area of less than 6,000 square feet.
f. Easements. Easements for installation and maintenance
of utilities and drainage facilities are reserved as shown on the
recorded plat, and over the rear six feet of each lot. Within these
easements no structure, planting or other material shall be placed
or permitted to remain which might damage or interfere with the
installation and maintenance of utilities, or which might change
the direction of flow drainage channels in the easements, or which
might obstruct or retard the flow of water through drainage channels
in the easements. The easement area of each lot and all improvements
in it shall be maintained by the owner of the lot except for those
improvements for which a public authority or utility company is re-
sponsible.
g. Nuisances. No noxious or offensive activity shall be
carried on upon any lot, nor shall anything be done thereon which
may become an annoyance or nuisance to the neighborhood.
h. Temporary Structures. No structures of a temporary
character, trailer, basement, tent, shack, garage, barn, or other
outbuilding shall be used on any lot at any time as a residence,
either temporarily or permanently.
i. Signs. No signs of any kind shall be displayed to
the public view on any lot except one professional sign of not more
than one square foot, one sign of not more than five square feet
advertising the property for sale or rent, or signs used by a builder
to advertise the property during the construction and sales period.
j. Oil and Mining Operations. No oil drilling, oil de-
velopment operations, oil refining, quarrying or mining operations
of any kind shall be permitted upon or in any lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any lot. No derrick or structure designed for use in
boring for oil or natural gas shall be erected, maintained or per-
mitted upon any lot.
k. Livestock and Poultry. No animals, livestock, or
poultry of any kind shall be raised, bred or kept on any lot, ex-
cept that dogs, cats or other household pets may be kept, provided
that they are not kept, bred or maintained for any commerical purpose.
1. Garbage and Refuse Disposal. No lot shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other
waste shall not be kept except in sanitary containers. All equipment
for the storage or disposal of such materials shall be kept in a
clean and sanitary condition.
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M. Sight Distance at Intersection, No fence, wall,
hedge or shrub planting, which obstructs sight lines at elevations
between 2 and 6 feet above the roadways shall be placed or permitted
to remain on any corner lot within the triangular area formed by the
street property lines and a line connecting them at points 25 feet
from the intersection of the street line, or, in the case of a rounded
property corner from the intersection of the street property lines
extended. The same sight line limitations shall apply on any lot
within 10 feet from the intersection of a street property line with
the edge of a driveway or alley pavement. No tree shall be permitted
to remain within such distances of such intersections unless the
foliage line is maintained at sufficient height to prevent obstruction
of such sight lines.
n. Land Near Parks and Water Courses. No building shall be
placed, nor shall any material or refuse be placed or stored on any
lot within 20 feet of the property line of any park or edge of any
open water course, except that clean fill may be placed nearer, pro-
vided that the natural water course is not altered or blocked by such
fill.
o. Each purchaser of a lot shall be allocated or provided
with the sum of ONE HUNDRED DOLLARS ($100.00) to be used entirely to
install trees and shrubs on his lot; such trees or shrubs shall be
purchased through a reputable nursery approved by owner and have a
two (2) year guarantee (or owner or purchaser shall replace at his
cost such trees or shrubs not "living and growing" two (2) years
after planting); at least one (1) 1 1/2" caliper tree shall be
planted in the "front yard"; and purchaser shall appropriately water
and maintain such trees or shrubs planted pursuant hereto.
p. Storage of Boats, Campers, Trailers, etc.. No vehicles,
boats, campers, trailers or other such contraptions or devices shall
be stored or permitted to remain for more than five (5) continuous
days on any lot, except within enclosed garages or in completely en-
closed, 100%-secured-from-vision areas, in the rear yard of the
residence structure situate thereon.
3. ARCHITECTURAL CONTROL COMMITTEE.
a. Membership. The Architectural Control Committee is
composed of Maurice L. Deines, Gordon Murdoff and Keith M. Wear.
A majority off the committee may designate a representative to act
for it. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to de-
signate a successor. Neither the member of the committee, nor its
designated representatives, shall be entitled to any compensation
for services performed pursuant to this covenant. At any time,
the then record owners of a majority of the lots shall have the
power through. a duly recorded written instrument to change the
membership of the committee, or to withdraw from the committee,
or restore to it any of its powers and duties.
b. Procedure. The committee's approval or disapproval,
as required or if its designated representatives fail to approve
or disapprove within 30 days after plans and specifications have
been submitted to it, or in any event, if no suit to enjoin the
construction has been commenced prior to the completion thereof,
approval will not be required, and the related covenants shall
be deemed to have been fully complied with.
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-
4. GENERAL PROVISIONS. '
a. Terms. These covenants are to run with the land,
and shall be binding on all parties and all persons claiming under
them for a period of 30 years from the date these covenants are
recorded, after which time said covenants shall be automatically
extended for successive periods of 10 years, unless an instrument
signed by a majority of the then owners of the lots has been re-
corded, agreeing to change said covenants in whole or in part.
b. Enforcement. Enforcement shall be by proceedings
at law or in equity against any person or persons violating or
attempting to violate any covenant, either to restrain violation
or to recover damages.
c. Invalidation of any one of these covenants by judgment
or court order shall in no wise effect any of the other provisions
which shall remain in full force and effect.
Dated at Fort Collins, Colorado, this day of ,
1976.
ATTEST:
✓Gerry apha, ecretary
STATE OF COLORADO
1 ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this /:s day o s,L,
1976, by Joseph Murray, President of EIGHT, INC., and attested by
Gerry P. Japha, Secretary of EIGHT, INC.
Witness my hand and official seal.
My commission expires: Notary Public
-4-
DEINES HOMES, INC.
B� C� �-� J �-
M urice L. Deines, President
ATTEST:
l �
Herschel N. Downing
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Subscribed and sworn to before me this ,-`fday of;',
1976, by Maurice L. Deines, President of DEINES HOMES, INC., and
attested by Herschel N. Downing, Secretary of DEINES HOMES, INC.
Witness my hand and official seal.
My commission expires:
lzf / , - s
Notary Public
-5-
hGRI ,11 tI :N1'
TffIS AGREf,NENT is made and entered into this aOth day of &mlem6er,
A.D. 197(0, by and bcafween TIIE CITY OF FORT COLLINS, COII�RR U, a municipal
corporation, hereinafter sometimes clrsignated as the,"C:ity", and Deines
Homes, Inc. hereinafter designated as the "Developer.",
WITNESSETI I :
mlt'mms, Developer is the owner of:
Cottonwood Subdivision, situate in the southeast 1/4 of Section 24,
T7N, R69w of the 6th P.M., Fort Collins, Coldrado, being_ a replat
of College Green,
more particularly desci:JkX'd on the subdivision plat on file in the City Pngineer's
Office and by this reference made a part hereof; and
VJEREJV:, Developer desires to develop said projert.y as a residential
subdivision and has sulvCted to the City a utility plan for said lands, a copy
Of which is on file in the City Fligineer's Office and by this reference made a
part hereof; and
WIIER1T15, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to
serve such area and will further require the installation of certain improverrents
prinurily of knefit to the lands to be developed and not icy the City of Fort
Collins as a whole; and
Nab, TI1L'RPJOIT?, in consideration of the premises and the terms and conditions
herein stated and For (Cher. valuable consideration, the adefluacy of which is
acknowledged by the parties hereto, it is agreed as follows:
1. Except as otherwise herein specifically agreel, the Developer agrees
to install and pay for all utility lines, storm drainage facilities, streets
and other municipal facilities necessary to serve the r�lllds described on the
subdivision plat.
2. Water Lines.
a. Developer agrees to install all water lines as shown on the utility
plans in accordance with the requirements and as shOWD on said plans, whether
such lines are actually on the property, bordering the property or on other
lands conuecting the subject property to the existing City water distribution
system.
b, Such water lines shall be installed'i.n full compliance with the
hstandard specifications of te City on file in the office of the City Engineer
relating to the iris tallaLi.on of such lines.
C. Developer agrees to complete the installation of said lines no later
than within five years of the day and year first herein above written.
d. Developer understands and agrees that no buiiding pernut for any
structure in the sulxllvision shall be issued by the City until the fire hydrant
serving such structure is installed and accepted by the City.
e. All of said lines shall be installed at the sole expense of the
Developer.
f. The installation of said lines shall be inspected by the Digineering
Services Departrnent of the City and shall be subject to such departmeint's
approval. ixvelopzr agrcaes to correct any deficiencies in such installation in
order_ to irx,et the redui.remcnts of the plans and the spxcificatioils applicable
to such installation. In the event such instal.latj_on is not conpleted and
approved within the tinle set
forth above,
the City shall have
the right
to
cause such additional work to
be done as
it deems necessary to
coiq?lete
the
arm
installation in a satisfactory manner and the tklvelolrr shall be liable for the
costs of such additional work.
3. Sanitary Sewer Collection Lines.
a. 171e Devcloper agrees to install all sanitary sewer collection lines
shown on the utility plans whether the sarrc be on or 'off the subject property-
b. Such sanitary sewer lines shall be installed in full corrg)li'llice
with the standard specifications of the City on file in the office of the
City Engineer relating to the installation of such lines.
c: Develolxr agrees to complete the insta]lation of said lines no later
than within five years of the day and year first herein above written.
d. Developer understands and agrees that no building permit shall
be issued by the City far any structure in the subdivision until the sanitary
sewer line serving such structure is installed and accepted by the City.
e. All of said lines shall be installed at the sole exlxnse of the
Developer.
f. The installation of said lines shall be inspected by the Engineering
Services Departm nt of the City and subject to such department's approval.
Dcvelol-�r a(jmes
to correct
any
deficiencies
in such installation in order
to nxeL the requi.renx-uts
of
the
plans and the
specifications applicable to
such installation. In the event such installation is not conq)let xl and approved
within the tine set- forth above, the City shall_ have the right to cause such
additional wUrk to lxa done as it deems necessary to coirplete the. installation
in a satisfactory manner and the Developer shall be liable for the costs of
such additional work.
=9
4. Electric Lines and Facilities.
a. The City Light and Power Department shall install all electric
distribution lines and facilities required for the subject property and the
Developer shall pay for such work in accordance with the established charges
of the Light and Power Department
lights required for the development.
Such installationi shall include all street
5. Storm Sewer Lines and Facilities.
a. The Developer shall install all storm sewer lines and facilities
shown on the utility plans.
b. Such storm sewer lines and facilities shall be installed in full
compliance with the standard specifications of the City on file in the office
of the City Engineer relating to the installation of such lines.
c. Developer understands and agrees that before building permits
are issued on more than a maximum of forty-two lots within said subdivision
the storm runoff detention system shall be constructed according to the utility
plans and accepted by the City Engineer.
d. Developer further agrees to control runoff during the process of
development so as to assure that the health, safety, welfare, and property of
the City and citizens is safeguarded and protected through the proper drainage
of storm waters.
e. All storm sewer lines and drainage facilities shown on the utility
plans shall be constructed at the sole expense of the Developer. At such time
as a drainage fee is established in accordance with ordinance No. 61, 1976, for
the drainage basin in which said subdivision is located, the cost of the
facilities installed by Developer shall be a credit against such fee for the
property in the subdivision. If such cost exceeds the total fees for the
subdivision, the Developer shall be reimbursed such excess amount when funds
are available in the storm drainage fund for that purpose. If the cost of
installing said drainage facilities is less than the fee to be collected, the
excess fee shall be assessed against the property.
f. The -installation of all of such lines and facilities shall be
inspected by the Engineering Services Department of the City and shall be subject
to such department's approval. Developer agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and the
specifications applicable to such installation. In the event such installation
is not completed and approved within the time set forth above, the City shall
have the right to cause such additional work to be done as it deems necessary to
complete the installation in a satisfactory manner and the Developer shall be
liable for the cost of such additional work.
6. Streets.
a. The Developer agrees to install all streets shown on the utility
plan, complete with asphalt paving, curb, gutter and sidewalks.
b. Such streets shall be installed in full compliance with the standard
specifications of the City on file in the office of the City Engineer relating to
the installation of such lines.
c. Developer agrees to complete the installation of street improvements
within the following minimum titre periods of the date first herein above written.
Drake Road from Stover_ Street to the easterly property line
shall be completed within one year. City agrees that this may
be done thru an improvement district to he formed in 1977.
Columbia Road from Stover Street to the easterly property line
shall be completed within two years.
ZUI other street improvements shall be completed within four
years.
d. No building permit for the construction of any structure in the sub-
division shall be issued by the City until the street providing access to the
structures is improved with at least the gravel base required.
e. The installation of all streets shall be inspected by the Engineering
Services Departrrent of the City and subject to such department's approval.
Developer agrees to correct any deficiencies in such installation in order to
-5-
meet the requireamnts of the plans and the specifications applicable to such
installation. In the event the improvements are not completed and approved
within the time set forth above, the City shall have the right to cause such
additional work to be done as it deems necessary to complete the installation
in a satisfactory manner and the Developer shall be liable for the cost of such
additional work, including all normal charges made by the City for financing,
engineering, publication, legal and miscellaneous on City Special Street
Improvement Districts.
£. Street Improvements shall not be installed until all utility lines
to be placed in the street have been completely installed and all services to
individual lots have been installed from main utility lines to the property line.
g. All street improvements shall be constructed at the sole expense
of the Developer, except that the City shall pay that added expense of improving
Drake Road as an arterial and Columbia Road as a collector rather than as
residential streets.
7. Other Requirements. The Developer is aware of the existing street
improvement agreement on that property with frontage on Stover Street and hereby
agrees to pay the total amount due under this agreement prior to conTreicing any
development.
This agreement shall be binding upon the parties hereto, their heirs,
personal representatives and assigns.
IN WITNESS MIERMF, the parties hereto have caused this agreement to be
signed the day and year first hereinabove written.
THE CITY OF FORT COLLINS, COLORADO
FYPPGSP: '�
y_
r y rler_k- City Manager
APPFY,TD: ��
i
Developer
Title
-6-
B2160 PO 0
against said property and improvements thereto; provided, however, that the
City of Fort Collins shall not have a lien against any sinqf�a%, by
lots and improvements thereto within the Cottonwood P.U.D. age City
of Fort Collins shall be entitled to a rig is o oreclosure 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 Landscape Covenants, by including the provisions contained
herein within the Protective Coy,pnts for the real property platted as
"The Cottonwood P.U.D."TWJh r'al property shall include the property
subject to these Landscape Covenants.
DATED this 23rd day of March , lg 82
C; '
aI A�tEST:
As s-t .Secret at
STATE OF COLORADO )
)ss
COUNTY OF LAR.IMER )
Owner T. D. MURPHY CON TRUCTION CO.,
A Colorado Corp,, ration
By
Title p sident
Owner Thomas D. Murphy, III
B y
The foregoing instrument was acknowledged before me this 23rd day of
March , 1982 , by T. D.. Murphy as President and
Par Haynes —a %§tSecretary Of T. D. Murphy Construction Co.
My Commission expires: February 18, 1984
Witness my hand and official seal.
WA
RCPTN # 85032473 '05/85 10:11:43 # OF . ?s - 2 FEE - $6.00
J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- $.00
SITE AND LANDSCAPE COVENANTS
FOR
P.U.D.
Situate in the lc�1'T-7 44J t 3
City of Fort Coll ins�ounty of Larimer,
State of Colorado
Tx4cf /'3
The undersigned, fee owner of 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 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 anti %apt in desirable condition in the future as herein specified.
"Oviner" 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 p'ursuant
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 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.U.O. together with
all parking, sidewalks and open space areas and all areas otherwise uti-
lized 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 to 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 author-
ity granted by these covenants, shall have a lien on the above described
property and `mprovements 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 leqal 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
�77�✓�.�lt,�— P.U.D." which real property shall include the property
suoject to these Covenants.
DATED this ? AP day of _
Owner
By
1 e
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARINER )
The foregoing instrument was acknowledged
by
-- as Secretary of
before me this ,�ftt—day of
as
my Commission expires:
witness .iv hand and�-official seal.
Notary Public /
i
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45172II M82W25 AN II:31
COUNTY OF LARIME1. STATE OF COLORAQO
B2 1 60 PO.4 09
Cottonwood P.U.D.
FORT COLLINS, COLORADO
OPEN SPACE MAINTENANCE COVENANT
A
COVENANT M
The undersigned, owners of Tract "B" Cottonwood P.U.D., Fort Collins,
Colorado, hereby covenants with the City of FortCollins, Colorado, that in
consideration of the approval of the plat of Tract "B" Cottonwood P.U.D.,
the undersigned agrees to maintain all landscaping, parking areas, Sider
walks and all other open spaces as shown on the plat of Tract "B" Cottonwdod
P.U.D. and to keep said open spaces clean and in good repair.
In the event of the failure of the undersigned, or its assigns,; to
keep said open space clean and in good repair, the City of Fort -Col Tins,
upon 24 hours notice to the undersigned or its assigns, may proceed to
clean, repair or maintain said open space, and any cost expended by the
City of Fort Collins for such work shall be an obligation of the under-
signed or its assigns. Upon failure to pay for such work, the City of Fort
Collins may file a lien against said property, obtain a judgment against
the undersigned or its assigns, and foreclose said lien.
This shall be a covenant running with the land, and shall be binding
upon the undersigned and its assigns.
Dated this 22 ndday of March , 1982 .
Developer
Keith-M. Wear
t _
;ordon A. Murdoff
By
itle
ATTEST:
Secretary
STATE OF COLORADO )
ss
COUNTY OF L.ARIMER )
4�L
The above instrument was acknowledged
19 6 by
as ecretary, o
11J.£iaes S my hand
and official seal.
A*',CoaPmission expires:
.r
before me this � "I---
y of
as and
MY Commission Exp m Fdroarit 4 ft
X)00 South CONGA FL Oddft 00 8015
i
Notary Public
i
c:
4=
` COW OY,;Oood l?u (7
PROTECTIVE COVENANTS - COTTONWOOD TRACTS A, B & C
Situate in the SE 1/4 of Section 24, Township
7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, County of Larimer
State of Colorado
EIGHT, INC., a Colorado corporation, fee owner, and DEINES HOMES, INC., a Colorado
corporation, purchaser, pursuant to contract for deed of the following described real
property located in the City of Fort Collins, County of Larimer, State of Colorado, the
same being real property previously platted as "College Greene, now being replatted as
"Cottonwood Tracts A. B and C", situate in the SE 1/4 of Section 24, Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado; 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 and limitations on all future owners of all or part of said tracts, this
declaration being signed for the purpose of guaranteeing that said tracts will be land-
scaped initially and kept in desirable condition in the future as herein specified.
These landscape improvements as described in the landscape 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. Upon beginning construction of any building upon either Tracts A,
B or C, the developer or owner shall cause the property contiguous to said building 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 con-
struction. In regards to Tract A, it is agreed that the open space area including the
water detention portion thereof shall be seeded and suitably planted with grass, trees
and decorative shrubs as soon as practical after initial development. 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
r
within the said Tracts A, B and C. Should the developer or owner fail in any respect
f
to comply with the terms of this agreement, the City of Fort Collins upon notifying
said developer or owner in writing of the matters in regards to which default is
asserted and should the developer 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, then the City of Fort Collins 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 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. 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 all property and improvements thereto
with the particular tract of land in the Cottonwood development on which said work was
performed, said lien to be exercisable by filing of 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 improvements thereto within
the Cottonwood development. 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
developer or current owner, their assigns or successors in interest to collect pay-
ment of the reasonable amounts so expended pursuant to the terms hereof.
Dated at Fort Collins, Colorado, this day of f- /L-` , 1976.
EIGHT. INC.
BY <i
SecretaFy,"Eight, Inc,%
STATE OF COLORADO )
SS.
County of Larimer
I
Subscribed and sworn to before me this day of
1976, by President of EIGHT INC. and
Secretary of EIGHT INC.
Witness my hand and seal.
My Commission expires:
NOTARY PUBLIC
DEINES HOMES, INC.
i
resident, Deines Homes, Inc.
10 14 InL'e�
Secretary, Deines Homes, Inc.
STATE OF COLORADO )
SS.
COUNTY OF LARIMER )
Subscribed and sworn to before me this day
1976, by 1444x10 7- -;,✓f s , President of DEINES HOMES, INC. and
Secretary of DEINES HOMES, INC.
Witness my hand and seal.
My Commission expires:
NOTARY PUBLIC
Ca o� good �P, UZ
0
PROTECTIVE COVENANTS - COTTONWOOD LOTS 1 -163
Situated in the SE 1/4 of Section 24, Township
7 North, Range 69 West of the Sixth Principal
Meridian, Fort Collins, Colorado
The undersigned being the owner in fee simple of all lands
in COTTONWOOD Lots 1- 163, a subdivision located in the SE 1/4
of Section 24, Township 7 North, Range 69 West of the Sixth
Principal Meridian, Fort Collins, Colorado, does hereby establish
these Protective Covenants for the benefit and protection of
COTTONWOOD Lots 1 -163, the undersigned and each and every person
or entity hereafter acquiring ownership of land therein :
1. AREA OF APPLICATION. The residential area covenants
hereinafter set forth in their entirety shall apply to the entire
area of COTTONWOOD Lots 1-163.
2. RESIDENTIAL AREA COVENANTS.
a. Land Use and Building Type. No lot shall be used
except for residential purposes. No building shall be erected,
altered, placed or permitted to remain on any lot other than one
detached single-family dwelling not to exceed two stories in
height and a private garage for not more than three (3) cars.
b. Architectural Control. No building shall be erected,
placed or altered on any lot until the construction plans and
specifidations and a plan showing the location of the structure
have been approved by the Architectural Control Committee as to
the quality of workmanship and materials, harmony of external -
design with existing structures, and as to location with respect
to topography and finish grade elevation. No fence or wall shall
be erected, placed or altered on any lot nearer to any street than
the minimum building setback line, unless similarly approved. Ap-
proval shall be as provided in Part 3 hereof.
C. Dwelling Cost, Quality and Size. No dwelling shall
be permitted on any lot at a cost of less than ($20,000.00 based
upon cost levels prevailing on the date these covenants are record-
ed), it being the intention and purpose of the covenant to assure
that all dwellings shall be of a quality of workmanship and materials
substantially the same or better than that which can be produced on
the date there covenants are recorded at the minimum cost stated here-
in for the minimum permitted dwelling size. The ground floor areas
of the main structure, exclusive of one story open porches and garages,
shall not be less than 700 square feet for one story dwellings; and,
shall not be less than 500 feet for the first main floor of a two
story or bi-level structure, exclusive of porches and garages of
one story; and 700 square feet total for the two main levels of a
split-level structure, exclusive of one story open porches and
garages. y
d. Building Location.
(1) No building shall be located on any lot nearer -
to the front lot line or nearer to the side street line than the
minimum building setback lines, as provided herein. In any event,
no building shall be located on any lot nearer 20 feet to the front