HomeMy WebLinkAboutFAIRVIEW EIGHTH - Filed OA-OTHER AGREEMENTS - 2003-10-20THIS AGREEMENT,, made and entered into this 8th day
of July
A. D. 19 63 , by and bewtween THE CITY CF FCRT
COLLINS, a municipal corporation, hereinafter designated as first party,
and Bartran Homes, Inc.
Hereinafter designated as second party, WITNESSETHs
WHEREAS, second party has heretofore submitted a subdivision
plat of the subdivision to be known. as The Eighth Fairview Subdivision
For approval by the Municipal Planning and Zoning Board and
the City Council of the City of Fort Collins, and
WHERFAS, said subdivision plat is acceptable to first party
and first pr- tyls Planning and Zoning Board, subject to construction of
utilities in the area to be subdivided,
X Jd,q THE1W, CRE, in consideration of the premises and the terns
of this agreement, it is mutually agreed as followat
1. First party agrees that said subdivision plat shall be,
and the sans is hereby approved.
2. In consideration of the approval of said plat by first
party, and first party=s Planning and Zoning Board, second partly agrees
as follows;
(A) To submit to first party the following detailed
improvement plans, acceptable to the first partyt
(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 vvZves
and fire hydrants.
(2) Plans and profiles of the proposed sanitary sewer
a
system including all manholes and connections to the first party ' s �
existing ran:ttary, surer system. -
(3) A plan of the proposed electrical distribution system
including connecting lines to the first party's existing 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 showing the connections to the first partyts storm sewer system
,..ij; all storm sewer inlets and nmnholes.
(6) Items A (1) to A. (5) inclusive are to be
party" of the second part, excepting on],y Item wed by the
(3) electrical distribution
g'r8 e,j. All material required for street lights are to be
g Paid for by
the party of tie 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
pi�ctices 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
ch-o-,m cn the subdivider's approved plan. Such proration of costs between
t:a City of Fort Collins and the subdivider shall be determined in advance
of conotruction by the City Engineer and in the event of arty' dispute this
mat;tol- sh-all be; submitted to the City Council for final determination.
L1 WITNESS WHEREOF, first party has caused these presents to
be signed by its Mayor and its corporate seal to be heretsc, ?,f!!M
attest
to by ;tZ CIty Clerk, pursuant to motion of the Council of the City of
Fort C clli ..3 dated the 6th day of June
A. D., 14 6j , and second party has hereto set his hand and seal the day
a::d year f' nst hereinabove written.
ATTEST:
THE CITY OF FORT COLLINS.
A Municipal Corporation
L �a
%' (SEAL)
ecori y
DECLARATION OF PROTECTIVE COVENANTS
OF THI
EIGRrd FAIRVIEW SUBDIVISION
The undersigned, Bartran Homes, Inc., being the owner of all the
land in The Eighth Fairview Subdivision as shown on the within plat and
described in the statement thereon, does hereby make this declaration of
Protective Covenants applicable to all of the lots in The Eighth Fairview
Subdivision,
PART A Residential Area Covenants
A-1. Land Use and Building Type. No lot shall be used except for residential
purposss. 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
and one-half stories in height and a private garage for not more than 2 cars.
A-2. Architectural Control, No building shill 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 too quality of workmanship and materials, harmony of external
design with existing structures, and as to location with respect to topigraphy
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. Approval shall be as provided in Part B.,
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 o: the
covenant to assure that all dwellings shall be of a quality of worLiw nsaip and
materials substantially the same or better than that which can be prod,cec' on
the date these covenants are recorded at the minimum cost stated herein for the
minimum permitted dwelling size, The ground floor area of the main structure,
exclusive of sne-story open porches and garages, shall be not less than 900
square feet for a one-story dwelling, nor less than Apo square feet for a
dwelling of moire than one story.
A-4. Building Location No building shall be located on any lot nearer to
the front lot line or nearer to the side street line than the mini-nLxi building
setback lines shown on the recorded plat„ In anv event no build4_ag shall be
located on any lot nearer than 30 feer to the front lot line, or nearer than
15 feet to any side street line. No buildin6 shall be located nearer t:ian 5
feet to an interior lot line, except that no side yard shall be regiired for a
garage or other permitted accessory building located 35 feet or more fr..)m 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 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 pornoa of a
building on a lot to encroach upon another lot.
A-5. Lot Area and Width, No dwelling shall be erected or placed on an.i lot
having a width of less than 65 feet at the minimum building setback lint nor
shall any dwelling be erected or placed on any lot having an area of less than
6,500 square feet, except that a dwelling may be erected or placed on lots
numbered (none) as shown on the recorded plat,
A-6, Easements for Utilities. Easements for the installation and maintenance
of utilities and irritation facil'_ties 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 anv be constructed along lot lines or propert%
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 neignborhood„
A-8, Temporary Structured, 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-9. 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 to 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 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 pramises and use so such 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 main-
tained for any commercial purpose,
A-12, Sight Distance at Intersections. No fences, wail, hedge or shrub
planting which obstructs sight lines at elevations between 2 asd 6 feet
above the roadways shall be placed or permitted to remain oa 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 remin within such distances of such intersections unless the
foliage linr is maintained at sufficient height to prevent obstruction of
such sight lines.
PART B. Architectural Go!atrol Cm"ittee
B-1. Membership. The architectural control co4ssittee is composed of W< B.
Bartran, William D. Bartran and Nancy J. Bartrau. 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 entitled to any compensation for
services performed pursuant to this cov*uant. At any time, the then record
owners of a majority of the lots shall hatie the power through a duly recorded
written instrument to change the membership of the committee or to withdraw
frou the consaittee or restore to it any of its powers and duties,
B-2. Procedure. The committee's approval or disapproval as required in
these covenants shall be in writing. In the event the committee, 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 ao 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 cwr lied with.
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PART C,, General Provisions
C-1, Term These covenants are to run with the land and shall be bind Lag 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 hall
be automarically extended for successive periods of 10 years unless an
instrument signed by a majority of the than owners of the lots has been
recorded, agreeing to change said covenants in whole or in part„
C-2. Enforcement, Enforcement shall be by proceelings at law or in equ. y
against any person or persons violating or attempting to violate any cov�:ant
either to restrain violation or to recover damages.
C-3. Severability. Invalidatiou of any one of these covenants by judgmwit
or court order shall in no wire affect any of the other provisions which shall
remain in full force and effect
IN WITNESS WHEREOF, the uadersigntd have hereunto set their harts and
seals this iI1i_ day of Juk A. D. 1963,
B"CRAN HOMS , iNC .
By. ✓y�r1
President
Secretary
STATE OF COLORADO )
ar.
COO?M Of IAR IMB R )
The foregoing instrument was acknowledged before me this A " da)
of Juif, A� D� 1963, by William D. Bartran as President and A. E. March, Jr.
as Secretary of Bartran Homes, Inc., a Colorado corporation.
Witness my hand and official seal„
Ay Comi s s ion expires : MY Commission expires April 13, 1965
Notary Public
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