HomeMy WebLinkAboutFAIRVIEW FIFTH - Filed OA-OTHER AGREEMENTS - 2003-10-20ME410RANDUM OF AGREEMENT
THIS AGRE71717T, made and entered into this
)f June
28th dazT
A.D. 19 62 , by and between THT CITY OF FGT
;P?LI1S, a municipal corporation, hereinafter designated as first par ys
.id W. E. Bartran & Wm. D. Bartran dba Bartran Homes
Hereinafter designated as second party, WITNESSETH:
WHEREAS, sec -)r_d hart y has heretofore submitted a subdivision
plat of the subdivision to be known as The Fifth Fairview Subdivision
For approval by the Municipal Planning and Zoning Board and
T;.11e City Council of the City of Fort Collins, and
W17,RrakS, said sujdivi_sion plat is acceptable to first party
and first partyts Plarn*ng and Zoning Board, sajject to construction of
utilities in the area to be subdivided,
NOW, THTRE'FCRE, 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.
2. In consideration of the approval of said plat by first
party, and first partyts Planning and Zoning Board, second party agrees
as follows:
(A) To submit to first party the following detailed
improvement plans, acce_ table 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 partyts existing water distribution system and s'icwing 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
existing sanitary sewer system.
(3) A plan of the proposed electrical distribvt i_^ Z
including connecting lines to the first partyts existing elect,rioal
distribution system and including all street liol.t-s ;
CD-
(1�.)
Plans
and
profiles
of
all
stre-A im-pro cements,
(�)
Plans
and
profiles
of
the
proposEc -3'1-reet drainage
system showing the connections to the first partyts storm system
and including a1:1 storm sewer inlets and manholes.
(6) Items A(1) to A(5) inclusive are to be financed by the
party of the second party excepting only Item (3) electrical distril-,utiu):
system. All material required for street lights are to be pale- for by
the party of the second part to the Light & Power Department of tiie Cicyo
In the event the City of Fort Collins shall require larger
watsr mains, sanitary sewer mains or storm sewer mains to be constructed
i tri.n the subdivision than would be required by standard engineer, ng
a-Ai3es to serve the subdivision, in order to properly extend these
---ices to other, areas, the City of Fort Collins will pay a portion of
t�. cost of such enlarged facility based on proration of the cost of -che
i ie- ;.ty actually constructed and the estimated cost of such faci lit-N as
o�n the subd.i-f d-e_-'s aodroved plan. Su,;h proration of cost;s t) tlNse_:
i.t,. is r cf Fort C(�jlir� .end the subdivider s:iall be- determined in ac.va_P,
r-f •,onstruction by the City Engineer and in the event of any dispute th.1-1-
a4.Ler shall be submitted to the City Council for final determination,
IN VVITYESS WHEREOF, first party has caused these presents to. .
be signed by its Mayor and its corporate seal to be hereto affixed attes'-
to by its City Clerk, pursuant to motion of the Council of the City of
Fort Collins dated the 7th
day of June
A.D., 19 62 , and second party has hereto set his hand and seal tfte day
and year first hereinabove written.
ATTEST:
City Clerrc
THE CITY OF FORT COLLINS.
A Municipal Corporation
Mayc
First Party
� 1,5"t
----•--•`�T�L)
DECiARATION OF PROTECTIVE COVENANTS
OF I HE
FIFTH FAIRVIEW SUBDIVISION
The undersigned, W. E. 3artran, William D. �artran, Ray Peterson,
and Nellie Peterson, being the owners of all the land in the Fifth Fairview
Subdivision as shown on the within plat and described in the statement thereon,
do hereby make this declaration of Protective Covenants applicable to all of
the lots in the Fifth Fairview Subdivision.
PART A. Residential Area Covenants
A-1. Land Use and Building Type No lot shall be used except for residential
purpose. No building shall be erected, altered, placed or permitted to remain
on any lot other than one detached single family awelling not to exceed two
and one-half stories in height and a private garage for not more than 2 cars
A-2. Architectural Control No building shall be erected, placed, or
altered on any lot until the construction plans and specifications and a
plan showing the location of the structure have been approved by the
Architectural Control Committee as to quality of workmanship and materials,
harmony of external design with existing structures, and as to location with
respect to LOJ,,graphy and finish grade elevation. No fence of wall sha11
be erected, placed or altered on any lot nearer to any street than the
minimum busding setback line unless similarly approved, Approval shall
be as provided in Part 8,
A-3 Dwelling Cost, Quality and Size, No dwelling shall be permitted on
any lot at a cost of less than $9,000.00 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 work-
manship and materials substantially the same or better than that which can
be produced on the date these covenants are recorded at the minftun cost
stated herein for the minimum permitted dwelling size. The ground floor
area of the mein structure, exclusive of one-story open porches and garages,
shall be not :Less than 900 square feet for a one-story dwelling, nor less
than 800 square feet for a dwelling of more than ore story,
A-4 Building Location. No building shall be located on any lot neater
to the front :lot line or neacet to the side street line than the minimum
building setback lines shown on the recorded plat. In any event no building
shall be located on any lot nearer than 30 feet to the front lot line, or
nearer than l`i feet to any side street line :;o building shall he located
nearer than 5 feet to an interior lot line, except that no side yard shall
be gequired for a garage or other permittea accessory building located 35
feet or more from the minimum building -etback line No dwelling shall b,
')cated on anv interior lot nearer than 25 feet to the rear lot line. For
the 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 -if a ouilding on a lct to encroach upon
another lot.
A-5. Lot Area and Width No dwelling shall be erected or placed on any
Lot having a width of less than 65 feet at the minimum building setback
line nor shall any dwelling be erected or placed on any lot having an area
of less than 6,500 square feet, except that a awelling may be erected or
placed on lots. numbered (none) as sho-.rn on the recorded plat,,
A-6. Easements for Utilities. Easements for the instaltat{on and main-
tenance of utilities and irrigation facilities are reserved as shown 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 con-
structed alone 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. 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,
A-9a Signs. No sign 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 as advertise the property during
the construction and sales period
A-10. Oil, Gas and Mineral Rights, An individual one-half interest in and
to all the oil, gas, and other minerals andmnineral rights in, upon or under
said land are exafpted 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 he reasonably
necessary for operating, drilling, and marketing the production thereof and
for the purposes of the reservation,,
A-11. Livestock and Poultry. No dnimals, livestock, or poultry of any kind
shall be raised, bred or kept on anv Lot, except that dogs, cats or other
household pets may be kept provided that they are not kept, bred or main-
tained for any commercial purpose.
A-12. Sight Distance at Intersections No fences, 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 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 per-
mitted to remain within such distances of such intersections 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, E.
Bartran, William D. Bartran and Nancy J, Bartran. A majority of 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 designate a successor. Neither the
members of the! committee, nor its designated representative shall be en-
titled to any compensation for services performed pursuant to this coven-
ant. 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 committee's approval or disapproval as required in
these covenantb shall be in writing, In the event the committee, or its
designated representative, tails 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 com-
pletion 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 25 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
recorded, agreeing to change said covenants in whole or in part,
C Enforcement, Enforcement shall be by proceedings at law or in
equity against any person or persons violating or atteW tang tc 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 previsions which
shall remain in full force and effect,,
iN WITNESS WHEREOF, the undersigned, W E. H, -tran, William D.
Bartran, Ray Peterson, an"" Nellie Peterson have hereunto set their hands
and seals this /off day of ? L _i ,, , A, D. 1962,
0 4 OF, IMA I V, "0 1 //NOaMMW. E. Bartran
William D. Bartran
Ray Peter n
� I i_:1..� t� c�c- U ��� _tom--r✓
Nellie Peterson
STATE OF COLORADO )
ss„
COUNTY OF LARIMF-R )
The foreguing instrument was acknowledged before me this 4day
of , A. D 19629 by W, E, Bartran, William D, Bartran, Ray
Pete son,�and Nel:ie Peterson
'witness my hand and official seal
Hy commission expires: M, - ;+ 11*5
C7--
T "
Notary Public