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HomeMy WebLinkAboutFAIRVIEW TENTH - Filed OA-OTHER AGREEMENTS - 2003-10-201 •.' ' i 1 • ,' �IBf Ili THIS AGREEMENT, made and entered into this 18th day of October A. D. 19 b5 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, I nd Bartran Homes, Inc, Hereinafter designated as second party, WITNESSETH: WHERFJLS, second party has heretofore submitted a subdivision plat of the subdivision to be known as The Tenth Fairview Subdivision For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and WH—,,RDLS, said subdivision plat is acceptable to first party and first pa.-:'tyts Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NCi, THEREFCRE, in consideration of the premises and the terms of this agreement, it is mutually agreed as followst 1, F rst 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, 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 valres 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 distribution system including connecting lines to the first party's existing electrical distribution system and including all street lights. (it) Plans and profiles of all street improvements. (5) Plans and profiles of the proposed street drainage system showing the connections to the first party's storm sewer system and including 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 pNactices 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 subdividerts 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 heret- li: .ttest to by its City Clerk, pursuant to motion of the Council of the City of -�- Fort Collins dated the 5th day of August A. D., 19 65 , 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 Zyor irtib Party J ATTEST: City . er APPROVF'D: ty Engineer (17 DECLARATION OF PROTECTIVE COVENANTS OF TENTH FAIRVIEW SUBDIVISION The undersigned, Bartran Homes, Inc., being the owner of all the land in the Tenth 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 Tenth Fairview Subdivision. PART A. Residential Area Qovenants A-l. band Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on ariv lot other than one detached single-family dwelling not to exceed 2� stories in height and a private garage for not more than two tars. A-2. Architectural Control. No building shall be erected, placed or altered on any lot until he construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Commit- tee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography 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 $93000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality of workmanship and materials substantailly the same or better than that which can be produced 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 one- story open porches and garages, shall be not less than 900 square feet for a one-story building, nor less than 800 feet for a dwelling of more than one story. A-4. Building location. No building shall be located on any iot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall oe Located on any lot nearer than 30 feet to the front lot line, or nearer than S feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 35 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 of this covenant, eaves. -,te};� and open porches shall not be considered as a part of a building, provided, nowe�er, that this shall not be construed to permit any portion of a building on a lot to encr �_h 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 iine nor shall any dwelling be erected or placed on any lot having an area or Less than 6500 square feet. A-6. Easements for Utilities. Easements for the installation and maintenance of utilities and dratage facilities are reserved as shown on the recorded plat of Tenth Fairview Subdivision. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. 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, base- ment, 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 5 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 from 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, walls, 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 coupecting 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 alloy pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is saintained at sufficient height to prevent obstruction of such sight lines. PART S. Architectural.Control Committee B-1. Membership. The Architectural Control Committee is composed of W. E. Bartran of 1104 Lynnwood Drive, Fort Collins, Colorado, William D. Bartran of 1233 South - ridge 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 the event of death or resignation of any member of the commit- tee, 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 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 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 doomed to have been fully complied with. 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-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 ,4j!_ day of ,Q�•a�� A.D�, 1965. BARTRAN HODS, INC. Y BY: Pres ent A 7 TTEST s ecretary STATE OF COLORADO ) )ss. COUN" Of LARINU ) The foregoing instrument vas acknowledged before me this / j z l day of • , A.D., 1965, by William D. Bartran as President and A. E. Mare , r., ass s�sicr�tary of Bartran Homes, Inc., a Colorado corporation. Wtteives or %wad and official seal. My c �i ee s am exp i rs s : — Notary Publi G, -3-