HomeMy WebLinkAboutFAIRVIEW WEST - Filed OA-OTHER AGREEMENTS - 2003-10-20DSCLARATIom or PRor=IvB cOVZNAWs
FAIRVIZW 'VM" SUBDIVISION
The undersigned, Bartraa Mean, Inc., being the owaer of all the land in the
Fairview "West" Subdivision as shown oa the within plat and described in the
stateaent.thereoa, does hereby us" this declaration of Protective Covenants
applicable to all of the lots is the Fairview "West" Subdivision.
?dam A. pe• dential Area CoTOMets
♦-1. Land Use and Building Type. 10 lot shall be used except for residential
purposes. So building shall be erected, altored, placed, or permitted to remain
oa sq lot other than one detached siagle-family dwelling not to excood two and
one-half Stowiss in height and a private garage few net more than two cars,
A-2. Architectural Ceatrol. me building shall be Sweated, placed, or altered
on any lot until the eenstructies plans amd apecifiestiosc and a plan showing
the loaatiea of the structure have boom approved by the Lrahiteatural Control
Cewm ittee as to quality of werbmanship Said materials, harms+ of external design
wi:h ozisting st: acturos, and ss to location with respect to telegraphy and
fink grads Slor:tioa. so fSaaa or well shall be erected, placed or altered
on soy lot Rater to amp► street than the minimum building setback line unless
sililarly aWevul. Approval shall be ea provided in Tart Z.
A-3. Swelling Cc ]to Qmality and Sine. 19 dwelling shall be lernitted om say
le: at a "at of ."a than =9,000.00 based upon Boat levels prevailing an the
dare these eeveastts are reesrded, it being the intention and purpose of the
co-ronast to "our k that all dwellings shall be of a quality of workmamahip and
materials substas ially thg sane or better than that wkiah San be produced on
the data these cogsmants are recorded at the miaisne nest stated herein for the
miaimwa permitted dwelling rise- The ground floor area of the main structure,
exclusive of one-story open porch" and garages, shall be net less than 900
equrrs feet for a one-story dulling, nor lass than 300 square feet for a
dwelling of more than ems story.
A-4. fulldiag Location. 1c building shall be located oa any lot mearer to
the frost lot line or nearer to the side street line than the sizimr• building
setback lines shswm on the recorded plat. In any &vest so building shall be
located on aay lot Bearer them 30 feet to the freat lot lime, or nearer than S
feet to as istorioc lot lime, excopt that so side yard shall be required for
a garage or other permitted accessory building located 35 feet or more from
the misimus building setback line. He dulling shall be located on any interior
lot nearer then 25 feet to the roar lot line- For the purpose of this covenant,
eavea, ate", and open porches shall sat be coaaidured 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-
♦-S. Lot Area and Width, 10 dwelling shall be erected or placed on any lot
having a width of loss than 65 feet at the mdsimise building setbask lime maw
shall amp dwelling be srocted or placed on any lot having an area of less than
6,500 square feet.
♦-6. Casements for 0tilities. Zasenents for the installation and maintenance
of utilities and irrigation facilities are reserved as shove on the within plat.
No buildings or other structures shall be erected or placed upon any of the said
easements, except fences, which may be constructed along lot lines or property
lines.
A-7. Nuisances. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
A-8. Temporary Structures. 140 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.
A-9. 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 con-
struction and sales period.
A-10. Oil, Gas and Mineral Rights. An nmdivided one-half interest in and
to all the oil, gas, and other minerals and mineral rights in, upon or under
said land are excepted and reserved unto the Federal Land Bank of Wichita,
its successors and assigns, together with the full and free right to enter
upon said premises and use so much of the surface thereof as may be reasonably
necessary for operating, drilling, and marketing the production thereof and
for the purposes of the reservation.
A-11. Livestock and Poultry. No animals, livestock, or poultry of any kind
shall be raised, bred or kept on any lot, except that dogs, cats, or other
household pets may be kept provided that they are not kept, bred, or maintained
for any commercial purpose.
A-12. Sight Distance at Intersections. No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between 2 and 6 feet above the road-
ways 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 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
inter s-etions unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
PART B. Architectural Control Committee
B-1. Membership. The Architectural Control Committee is composed of W. S.
Bartran of 1104 Lynnwood Drive, Fort Collins, Colorado, William D. Bartran
of 1233 Southridge Drive, Fort Collins, Colorado, and Nancy J. Bartran of
1233 Southridge Drive, Fort Collins, Colorado. A majority of the committee
may designate a representative to act for it. In th- event of death or resig-
nation of any member of the committee, the remaining members shall have full
authority to designate a successor. Neither the members of the committee
nor its designated representative 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-2. Procedure. The Committees approval or disapproval as required in these
cove,;ants shall be in writing. In the event the comnittee, or its designated
representative, fails 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.
-2-
PART C. General Provisions.
C-1. Term. 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 twenty-
five years from the date these covenants are recorded, after which time said
covenants shill 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 recorded, agreeing to change said covenants in whole or in part.
C-2. 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-3. Severability. Invalidation of any one of these covenants by judgment
or Court order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals this a f� day of A. D. 1964.
BARTRAN HOE S , I NC .
BY —.A
President
ATTEST: /
S-c,,tar
ii.kn. of COLoaAw )
ss.
;OUN:Y OF LARIIIRR )
The foregoing instrument was acknowledged before me this �- day
'f . A. D. 1964, by William D. Bartran as President and A. E.
`�rcc, li•, As Secretary of Bartran Homes, Inc., a Colorado corporation.
mitness my hand and official seal.
". commission expires :September 30, 1965
Notary Public
-3-
MEMORANDUM OF AGREEMENT
THIS AGREE14ENT, made and entered into this 28th day
of AWust_ A. D. 19 64 , by and bewtween THE CITY OF FONT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Bartran Homes, Inc,
Hereinafter designated as second party, WITNESSETH:
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known as Fairview '"West" Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHEREAS, said subdivision plat is acceptable to first party
and first party's Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
NOW, THEREFCRE, in consideration of the premises 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.
2e In consideration of the approval of said plat by first
party, arl 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 pipelines to the points of connection to the
first party's existing water distribution system and showing all valves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
system including all manholes and connections to the first party's
and includ�'.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
syst_m. 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 maim, sanitary sewer mains or storm sewer mains to be constructed
within the subdivision than would be required by standard engineering
p::actices 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
ehown cn the subdivideris 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
m.tte_ shall be submitted to the City Council for final determination.
IN WITNESS WHEREOF, first party has caused these presents to
be si_g^.ed by its Mayor and its corporate seal to be heret- :f: ttest
to by it.:; City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the 27th day of August
A. D., 19 64 , and second party has hereto set his hand and seal the day
and year first hereinabove written.
THE CITY OF FORT COLLINS.
A Municipal Corporation
yor
. #st Party
ATTEST: