HomeMy WebLinkAboutELLIOTT MILLER SECOND - Filed OA-OTHER AGREEMENTS - 2003-07-31MgMa NMUM CP A(REWW
THIS AGREEMENT, made and entered into this 24th day
of October A. D. 19 63 _, by and bmtween THE CITY CF FCHT
COLLINS$ a municipal corporation, hereinafter designated as first party,
and Elliott Miller Construction Co. Inc,
Hereinafter designated as second party, WITNFSSETH:
WkiIItEAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Elliott Miller Subdivision, Second Filing
For approval by the Municipal Planning and Zoning Bcard and
the City Council of the City of Fort Collins, and
WHF,RBAS, said subdivision plat is acceptable to first party
and first partyls Planning and Zoning Board, subject to construction of
utilities in the area to be rnbdinided,
NCK, THEREFCHE, in consideration of the preud3es and the terms
of this agreement, it is mutually agreed as follows:
1. First party agrees that said subdivision plat shall be,
and the same is hereby approved.
2. In consideration of the approval of said plat by first
party, and first party's Planning and Zoning Board, second party agrees
as follows.:
(A) To submit to first party the following detailed
improvement plans, acceptable to the first party:
(1) A plan of the proposed water distribution system
including the connecting pipelirQ3 to +.he points of oonaection to the
first party's mcisting water distribution system and showing all vaults
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sever
system including all manholes and connections to the first partyls
e dwUng san-itary sewer system.
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party's a dating electrical
distribution system and including all street lights.
(4) Plans and profiles of all street improvements.
(5) Plans and profiles of the proposed street drainage
system shoeing the connections to the first party's storm sever system
and includl`ng all storm sewer inlets and manholes.
(6) Items A (1) to A (5) inclusive are to be financed by the
party of the second part, excepting only Item (3) electrical distribution
system. All material required for street lights are to be paid for by
the party of the second part to the Light & Power Department of the City.
In the event the City of Fort Collins shall require larger
water mains, sanitary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
practices to serve the subdivision, in order to properly extend these
services to other areas, the City of Fort Collins will pay a portion of
the cost of such enlarged facility based on proration of the cost of the
facility actually constructed and the estimated cost of such facility as
shown on the snbdivider's approved plan. Such proration of costs between
the City of Fort Collins and the subdivider shall be determined in advance
of construction by the City Engineer and in the event of any dispute this
matter shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be hereto Qtf' attest
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the
24th
day of October
A. D., 19§(� and second party has hereto set his hand and seal the day
and year first hereinabove written.
ATTEST:
City Clerk
THE CITY OF FORT COLLINS.
A Municipal Corporation
zr. ,
�_����� (SEAL)
econc Party
DECLARATION OF PROTECTIVE COVENANTS
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Elliott -
Miller Construction Co., Inc., being the owner in fee 81MPle of all lands in The
Elliott -Miller Subdivision. Second Filing, as shown on the within plat and des-
cribed in the statement thereon do hereby establish these Protective Covenants
for the benefit and protection of said Elliott -Miller Subdivision, Second Ftling,
and of the undersigned and of each and every person hereinafter acquiring owner-
ship of land herein.
1. L tND USE AND BUILDING TYPE. No lot shall be used except for
residential purposes. No building shall be erected. placed, altered or maintained
on any lot in this subdivision other than single family residences and such accessory
buildings as may be required for ordinary incidental use with such residences by
a single family.
2. ARCHITECTURAL CONTROL. No building shall be erected. placed,
changed or altered on any lot until the construction plans and specifications and
a plan showing the location of the residence, all accessory buildings and all in-
cidental improvements have been approved by the Architectural Control Committee
as to quality of workmanship and materials required. harmony of height and external
design with existing and planned structures, and location of improvements with
respect to lot lines, topography and finish grade elevations.
3. DWELLING COST. QUALITY AND SIZE. No dwelling shalt be permitted
on any lot at a cost of Less than $11, 000 based upon cost levels prevailing on the
date these covenants are recorded, 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 data these
covenants are recorded at the minimum cost stated heroin for the minimum
permitted dwelling size. The first floor living area of each residence, Including
open porches, car ports and garages, shalt be not less than 900 square feet.
4. BUILDING LOCATION. No building shall be located on any lot nearer
than 30 feet to the front tot line or nearer than 15 feet to any side street line and no
building shall be Located nearer than 5 feet to an interior Lot line, except that no side
yard will be required for a garage or other permitted accessory building Located 45
feet or more from the minimum building setback line. No dweLling shall be located
on any interior lot nearer than 25 feet to the rear lot line. For the purpose hereof,
eaves, steps, uncovered porches or patios shalt not be considered a part of the
building, provided, however. that this shalt not be construed to permit any portion
of a building on a lot to encroach on another lot.
S. LOT AREA. No residence shall be on a lot or on parts of tots having
an area of less than 6500 square feet.
b. NUISANCES. No noxious or offensive activity shalt be carried on upon
any lot, nor shall anything be done thereon which may be or may become an annoy-
ance or nuisance to the neighborhood.
7. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control
Committee consists of three members. namely Alvin L. Miller. John R. Elliott and
Joyce B. Elliott, all of Fort Collins, Colorado. and the decision of any two members
of said Committee shall determine alt questions as to the conduct of said Committee.
In the event of the death or resignation of any member of the Committee, the re-
maining member shall have full authority to appoint a successor. No committee
member shalt be entitled to compensation for services rendered pursuant to these
covenants. The Committee's approval or disapproval of plans and specifications.
as required by these covenants shall be in writing. In the event that such
approval or disapproval be not made within 30 days after plans and specifications
have been submitted to the Committee, or in any event, If no suit to enjoin
construction has been commenced prior to the completion of the improvements,
approval will not be required and the related covenants shall be deemed to have
been fully compiled with.
S. TER M. These covenants are to run with the land and shall be binding
on all parties and all persms claiming under them for a period of 30 years after
these covenants have been recorded, after which time they shall be automatically
extended for successive periods of 10 years. unless an instrument in writing,
signed by a majority of the then record owners of the lots has been recorded,
agreeing to change said covenants in whole or In part.
9. ENFORCEMENT. Enforcement hereof maybe had by proceedings of
taw or In equity against any person or persons violating or attempting to violate
any covenants, to enjoin. restrain and abate the violation and to recover damages
10. SEVERABILITY. Invalidation of any of these covenants by judgmeat
or court order shall in no wise affect any of the other covenants which shall remain
In full force sad effect.
11. EASlEMENTS. Easements for the Installation and maintenance of utilities,
drainage facilities and irrigation water lines. together with rights of Ingress and
egress for maintenance are reserved and Indicated upon the within plat. -No building
or other structure shall be constructed. erected or placed upon any easement thus
reserved except (once* which shall in any event be subject to the rights of the lawful
users and owners of such easements. The area within the street right-of-way
between the property line and sidewalk line, the same being approximately 5 feet
in width, can the most northerly and/or easterly sides of all streets shall be left clear
of shrubs and trees and is hereby reserved for gas mains and other utilities and
drains to serve this subdivision.
12. FENCES. No fence or wall shall be erected. placed or altered on any lot
nearer to any street than the minimum building setback line.
13. TEMPORARY STRUCTURES. No structure 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.
14. SIGNS. No sign, of any kind shall be displayed to the public view on any
lot except one sign of not more than 5 square feet advertising the property for sale.
Signs advertising the subdivision and signs by contractors and builders of larger
dimensions than that last mentioned advertising for initial sale, properties they
have built, or upon which they propose to build may be allowed for reasonable
temporary periods of time suitable to the purpose to be served, in the discretion
of the Architectural Control Comcnitteo-
15. LIVELSTOCK AND POULTRY. No animals, livestock or poultry of any
kind shall be raised, kept or bred on any lot, except that dogs,, cats, or other
household pets may be kept provided they are not kept, bred or maintained for
any commercial purpose.
16. OIL AND MINING OPg.R.kTIONS. No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be
permitted upon or In any lot.
17. SIGHT DISTANCE AT INTERSECTIONS. 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 lines, or in the case of a
rounded property corner frorn the intersection of the street property lines extended.
The same sight line limitations shall apply on any lot within 10 feet from an inter-
section of the street property line with the edge of a driveway or alley pavement.
No tree shall be permitted to remain within such distance of such Intersections
unless the fotlag+e line is maintained at sufficient height to prevent obstruction of
such sight lines.
IN WITNESS WHEREOF, the said Elliott -Miller Construction Co., Inc.
hath caused [tat corporate name to be hereunto subscribed by its President and its
corporate seal to be herewith s1f1xe4, attested by its Secretary, this 26th day of
April, A. D. 1963.
.ATTEST:
Secretary
STATE OF COLOR .ADO )
) so.
COUNTY OF LAiRIMER )
ELLIOTT-MILLER CONSTRUCTION CO., INC.
Hy i/ 1 f f'Z?1
Alvin L. Miller, President
The foregoing instrument was acknowledged before me this-- day
of .� � :, . 963, by Alvin L. Miller, as President, and Enid P.
Miller, as Secretary, of the Eallott-Miller Construction Co., Inc., a corporation.
My comrr,ission expires
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Rotary Public