Loading...
HomeMy WebLinkAboutEDORA ACRES SECOND - Filed OA-OTHER AGREEMENTS - 2003-07-31PROTECTIVE COVENANTS - EDORA ACRES SECOND FILING Situate in the NE 1/4 of Section 19, Township 7 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer State of Colorado MAURICE L. DEINES, fee owner, of the following described real property located in the City of Fort Collins, County of Larimer, State of Colorado, the same being real property described as: A tract of land in the NE 1/4 of Section 19, Township 7 North, Range 68 West of the 6th P. M., City of Fort Collins, County of Larimer, State of Colorado, which considering the North line of said Northeast 1/4 as bearing N. 88159'40" E. and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears N.88°59'40" E. 536.13 feet and again S. 01000120" E. 261.00 feet from the North 1/4 corner of said Section 19 and run thence N. 88*59140" E. 205.00 feet; thence along the arc of a 15.00 foot radius curve to the left a distance of 23.56 feet the long chord of which bears S. 46*00120" E. 21.21 feet; thence'N. 88*59140" E. 62.00 feet; thence S. 01000'20" E. 20.00 feet; thence N. 88059140" E. 157.91 feet; thence S. 00003'20" E. 204.98 feet; thence S. 74036140" W. 437.49 feet; thence N. 79°16'50" W. 13.00 feet; thence N. 01000120" W. 345.98 feet to the point of beginning, containing 2.8230 acres, more or less; does make the following declarations as limitations, restrictions and uses to which the said tract 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 tract, this declaration being signed for the purpose of guaranteeing that said tract will be landscaped initially and kept in desirable condi- tion 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 said tract, 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 i plans, excepting, however, lands necessary for construction. 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 tress or shrubs) of all "planted and landscaped" areas within the said tract. Should the developer or owner fail in any respect 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 tract of land on which said work was performed, said lien to be exercisable by filing of a notice of said lien against said property and improve- ments thereto; provided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within said 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 payment of the reasonable amounts so expended pursuant to the terms hereof. Dated at Fort Collins, Colorado, this ,2 5 T k day of _T; , 1977. MA, C L. DEINES