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HomeMy WebLinkAboutFAHRENBRUCH LEISURE VILLAGE - Filed OA-OTHER AGREEMENTS - 2003-10-21IvMORANDUM OF AGREEMENT THIS AGFE;"77, made and entered into this 24th day of October____ __A > D. 19 _�L__3 by and bewtween THE CITY CF FORT COT,LINS, a mu:_:cipal co_grr.ticn, hereinafter designated as first party, and Jack Fahrenbruch Hercir.^.f' ccsig r`.ed as second party, WITNESSETH: WIiE3^!,28, -,nd party has heretofore submitted a subdivision plat of the su 3ic-hion to be known as Fahrenbruch IAisure VillaEt First F ling Fo= appr„-,Tal b , ^.e PI°uui:;ipal Planning and Zoning Board and the City GOU=il of the City of Fort Collins, and 2_ceptable to First party and first party°s Planning c_d Zoning Bca.rd, subject to construction of utilities `n arcs to be __)divided, Nall THER FORE3 i� consideration of the premises and the terms of this agr^emer:t. it is mu`..;.olly agreed as follows: 1, First p^.rt.y agree,, that said subdivision plat shall be, and the same is herc` y ap rosad> 2� I i cc' " . _at : 7 of the approval of said plat by first party, and f r;t par{, P'_-n_iing and Zoning Board, second party agrees as £o7_lcv (A.) To s ebrait to first party the following detailed improvement pl^ns, e t.o the first party: (-.1.) A r: a cf the proposed water distribution system including t".e conr,c':,`.^ r-'.;:'.'nos to the points of connection to the first partyts e:i.:t'_ icter d:istribu.!,icn system and showing all valves and fire hy-_".,`-, (^.) Plan^ end profiles of the proposed sanitary sewer system i.ne'_,.'. r all ma.n': lee and connections to the first partyts PETITION To the Honorable Mayor and City Council of the City of Fort Collins,, Colorado Comes now Leisure Village, Inc., Ted Kellums and Leslie Allison and petitions the Council of the City of Fort Collins to vacate the following described easements in Fahrenbruch Leisure Village, Inc,., 2nd filing, to wit: Easement No. 1: A 12.00 footeasement between Lots 8 and 9, Fahrenbruch Leisure Village, Second Filing, Fort Collins, Colorado, whose centerline is more particularly described as follows: Begin at the NW corner of Lot 9 of Fahrenbruch Leisure Village, Second Filing and run thence N. 89045' E. 145.00 feet; thence South 94.06 feet; Easement No. 2: The South 6.00 feet of Lots 4 and 12, Fahrenbruch Leisure Village, Second Filing, Fort Collins, Colorado. Petitioner states that said easement has never been opened, or used by the public, nor has the City of Fort Collins ever expended any money upon said easement, and that rights of way for utilities have been provided and there will be no adverse effect on any utility service due to the vacation of such easement and that said easement will serve no useful purpose. Respectfully submitted, ALLEN, MITCHELL AND ROGERS /i By Attorney for Petit er MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 13th day of February A. D. 19 68 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Fahrenbruch Liesure Village, Inc. Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Fahrenbruch Liesure Village Third Filing 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 partyts Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, NOV. THEREFORE, 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, 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 I irst partyts 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 partyts existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first partyts 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 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 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 subdividerls 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 affiitod attest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the 4th day of n„a A. D., 19 68 , and second party has hereto set his hand and seal the day and year first hereinabove written. ATTEST: i cityC erc l APPROVED/ ty Engineer THE CITY OF FORT COLLINS. A Municipal Corporation Mayor First Party Fahrenbruch Liesure Village Inc. (SE�L}�.' i J econd Party 330Ki,JU1 PACE e ARTICLES OF INCORPORATION OF STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC. The undersigned person(s) acting as incorporator(s) of a corporation under the Colorado Nonprofit Corporation Act, sign, and acknowledge the following Articles of Incorporation for such corporation. FIRST: The name of the corporation is STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC. SECOND: The period of its duration is perpetual. THIRD: The purpose or purposes for which the corporation is organized are to promote the health, safety and welfare of the residents within Lots 24 through 35, the streets, easements and common area adjacent thereto designated as Tract C in Fahrenbruch Leisure Village Third Filing, including the replat of Lots 8, 9, 10, 11, 12, 13 and a portion of Lot 4 of Fahrenbruch Leisure Village Second Filing, situate in the NW 1/2 of Section 25, Township 7 North, Range 69 West of the 6th P.M., now in the City of Fort Collins, County of Larimer, Colorado, and such additions thereto as may hereafter be properly brought within the jurisdiction of this corporation, here- inafter referred to as "the properties" and for this purpose to: A. own, acquire, build, operate, and maintain recreation parks, playgrounds, common areas, streets, footways, including buildings, structures, personal properties incident thereto, herein- after referred to as "the common properties and facilities"; B. To maintain unkempt lands or shrubberies; C. Supplement or provide utility services such as street lights and similar services; D. Fix assessments to be levied against the properties, BOCXlJ81 ?AGE I11 E. Enforce any and all covenants, restrictions and agree- ments applicable to the properties; F. Pay taxes, if any, on the common properties and facilities; G. Insofar as is permitted by law to do any other thing that, in the opinion of the hoard of. Directors of this Corporation, will promote the common benefit and enjoyment of the residents of the properties; H. Rent, purchase, acquire and use, and to encumber, mort- gage, pledge, sell and dispose of, real and personal property of any kind or sort; and borrow money upon such terms and conditions as its Board of Directors shall approve. Instruments of conveyance or encumbrance, evidence: of indebtedness, or other undertaking on the part of STANFORD TRIFLE: HOME OWNERS ASSOCIATION, INC. shall be adequate and effective if executed by either the President or Vice President of the Corporation and attested by the Secretary or Assist- ant Secretary, authorized thereunto by action of the Board of Directors. FOURTH: The address of the initial registered office of the Corporation is 917 Edwards Street, Fort Collins, Larimer County Colorado, 80521, and the name of its initial registered agent at such address is Leslie R. Allison.' , FIFTH: The address of the principal office is 917 Edwards Street, Fort Collins, Larimer County, Colorado, 80521. SIXTH: The number of directors constituting the initial Board of. Directors of the Corporation is three (3), and the names and addresses of the persons who are to serve as the initial direc- tors are: -2- B'Ce1q'j'b1 vnCE 71� NAME ADDRESS Leslie R. Allison 917 Edwards Street Fort Collins, Larimer County Colorado, 80521 Ted L. Helluins 1933 Sheeley Drive Fort Collins, Larimer County Colorado, 80521 Clarissa F. Allison 917 Edwards Street Fort Collins, Larimer County Colorado, 80521 I ncorporator(s) ) STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this f.62tr•,.)_'day of March, 1968, by Leslie R. Allison, Ted L. Y,e llums, "•.:and:Clarissa F. Allison. In witness whereof I have hereunto my hand and seal. My commission expires July 1, 1971. - Notary ublic -3- I PAEE728 Recorded b1AR 't- 19 a :.5..........o clack..�...M. _..._.................._.., U Reception No........ S J RECORDER'S STAMP THIS DEED, Made this day of March STATE DOCUMENTARY FEE in the year of our Lord one thousand nine hundred and SiXty eight between LEISURE VILLAGE, INC. MAR 13 1968 a corporation duly organized and existing under and by virtue of the laws Sw-�:_ rJ� of the State of Colorado, of the first part, and STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC., A Colorado Corporation Of the County of Larimer and State of Colorado, of the second part; WITNESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS ($10.001 and other valuable consideration --------- >ffammr, to the said party of the first part., in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said part y of the second part, its heirs and assigns forever, all the following described lot or panel of land, situate, lying and being in the County of Larimer and State of Colorado, to -wit: A tract of land situate in the North West one -quarter of Section 25, Township 7 North, Range 69 West of the 6th P.M., in the City of Fort Collins, which considering the North line of said North West one -quarter as bearing N. 89045' E. and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point which bears N. 89045' E. 2154.10 feet, and again S. 00008'25" E. 1318.65 feet and again S. 89051'35" W. 60.00 feet from the Northwest / corner of said Section 25, and run thence S. 89051'35" W. 250.00 feet along the South line of the Northeast one -quarter of said North West one -quarter; thence N. 00008'25" W. 522.03 ' feet; thence N. 39051'35" E. 250.00 feet to a point on the Westerly right-of-way line of Stanford Road, thence S. 00008125" E. 521.63 feet along said Westerly right-of-way line to the point of beginning. Together with all and singular the hereditaments and appurtenances thereinto belonging, or in anywise apper• taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said party of the second part, its heirs and assigns forever. And the said party of the first part, for itself and its successors covenants and agrees to and with the said part y of the second part, its heirs and assigns, the above bargained premises in the quiet and peaceable possession of the said part y of the second part, its heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part, to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part ham caused His corporate name to is hereunto subscribed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Attest: „L 4 ,...../ .T�EISURI._V1_A.GEi_.OIN.C.+....... .............._......_............... d f PmWnt _ •'-:� J ,9TA�8�6F COLORADQ, ss. ......K Larimer >, ..1,:_,........_n.,.f.:. County of .....- .................. _ •�,.. ICI I of �(.. 1 ,/ 1: lJ, "The. Sotegmng Instrument wire acknowledged before me .... day of..._..:_,...t...<c6.A._..._...... _........... b rc ha sPresidenta......................... sedbv ._M..ar...tha..__.......___...y,.__-_t-._ 11, '?.'a} it ftl such as Secre ll 1 W14eNE$8, my hand and affl;ial meal. ,enmhdssion expires...._...1.......'.........._.._......_.._._..._.._.._........... O / �'• "Net.er Pubib. No. 16-13. SPECIAL WARRANTY RI!IP.R—Cereau[bn.—end2aed-Roblvon Printing Comomr. 1641e abut Strteq Denver. Colorado •I[ h, nat... I person n to an. hero Inwrt n mo or no--: It be ne.vo .sting In rnpmenYllea oe Ifi".1 ..on, or iu .�lnrnr Y-1n 1I '. then Inert n u ro( pecan n. eveeutoe anern.y-In-fact or other np.nRy or de.crrou`n: if m, oinaer of to,. n.�. „n. men In.e,t — or .,mh nfuaer - nrneen. - the p,nlaent or omm oflteen of .ugh _norybra. n. mg It.-9nl.rnn Recorded at.. I - Reception No..... `.!.2,,.� t. 1.•`_.X_�.. \ ......... THIS DEED, Made this 19th day of March , 1968 , between ISTANFORD TRIPLEX HOME: OWNERS ASSOCIATION, INC. a corporation duly organized end existing under and by virtue of the laws of the State of Colorado of the first part, and LESLIE R. ALLISON and CLARISSA F. ALLISON BOOK 1t381 PACE 811 FILING STAMP STATE 000UMEXIAAY HE MAR 19 1S68 of the Count, of Larimer f .11lfr— and State of Colorado, of the second. Dart: WITNESSETH: That the said party of the first part, for and in can. _ eideration of the sum of EN DOLLARS ($10.00) and other Valuable Consideration -------- VAXR4= to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Larimer and State of Colorado, to wit: Lots 24, 26, 29, 31, 34, and 35 in Fahrenbruch Leisure Village Third Filing, including the replat of Lots 8, 9, 10, 11, 12, 13 and a Portion of Lot 4 of Fahrenbruch Leisure Village Second Filing, situate in the NW; of Section 25, Township 7 North, Range 69 West of the 6th P.M., now in the City of Fort Collins, Colorado; including their proportionate rights and obligations for the common areas as set forth in detail under that certain Declaration dated March 19, 1968 and recorded of even date. (ACTUAL CONSIDERATION LESS THAN $100.00) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues end profits thereof; end all the estate, right, title, interest, claim and demand whatsoever of the said party pf the first part, either in law all equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for. ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said parties all the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time o:' the emealiog and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, as- sessment and encumbrances of whatever kind or nature seever. and the above bargained premises, in the Quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons Iaivfully claiming or to claim the whole or any part thereof, the said party of the fist part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto sub- scribed by its President and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. > I - STANFOR TRIPLEX HOME OWNERS .__�?c.!-^-- .c,<k._ _. �fi�c.�e.-�J AS.SOC T30N,../IN/�C��.._.. .............. T / l... 1 a ..�1� oa.i � STATE OF COLORADO, , Peu:aent it } ea. ........................ County of ....... La>; mgiF.........._...... The foregoing g 19th day of March g g instrument was acknowled ed before ma thin 1968 ,by Leslie R. Allison as President and ` Clarissa F. Allison a secretary of Stanford Triplex Home Owners Association, Inc., .a xM1tporaE;atv.: I' My notarial eommiasion expires 1970 (.• Witness my hand and official seal. .Il r No. 929. wwnrtwrvsv neep—y..,s c..v,,..n... ,. ,.i„t ies.m.. A pti' �7 I(iA 1 PhGE01 Recorded aG_i.. _(..._.....o'dack......M., .__..........._............... ...�1.._............._J. Reception N.-_... ...1.............. ......4.................. _............. THIS DEED, Made thia 19th day of March , is 68. betrveen STANFORD TRIPLEX HOME OWNERS ASSOCIATION, II4C a corporation duly organized and existing under and by virtue of the laws of the State of Colorado of the first part, and TED L. KELLUMS and ESTHER XELLUMS FILING STAMP STATE ROERWENFARY FEE MAR 19 1968 of the County of Larimer I 5,,.7„e mt't- and State of Colorado, of the second ;part: IVITNESSETH: That the said party of the first part, for and in con- sideration of the cum of EN DOLLARS ($10.00) and other valuable consideration -------- &HXIt= to it in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second an, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such eurvivor forever, all the following described lot or parcel of land, situate, - lying and being in the County of Larimer and State of Colorado, to wit:' Lots 25, 27, 28, 30, 32, and 33 in Fahrenbruch7Leisure Village Third Filing, including the replat of Lots 8, 9, 10, 11, 12, 13 and a Portion of Lot 4 of Fahrenbruch Leisure Village Second Filing, situate in the NW; of Section 25, Township 7 North, Range 69 West of the 6th P.M., now in the City of Fort Collins, Colorado,: including their proportionate rights and obligations for the common areas as set forth in detail under that certain Declaration dated March 19, 1968 and recorded of even date - (ACTUAL CONSIDERATION LESS THAN $100.00) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in end to the above bargained premises, with the heredi[am ents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said party of the first part, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the cascading and delivery of these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power end lawfrd authority to grant, bargain, sell and convey the same in manner and form aforesaid, and Chet the same are free and clear from all former and other grants, bargains, sales, liens, taxes, ss- sessment and encumbrances of whatever kind or nature spaver. and the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its corporate name to be hereunto eub- scribed by its President and its corporate seal to be hereunto affixed, attested by its I Secretary, the day and year first above written. STANFO %TRIPLEX HOME OWNERS ...... �`iti`...... `�. ..41 ASSO. TS.O.N.,.....lyY� _..........._.._.. s STATE OF COLORADO, r�fe.at es. ........................�op�ty of...._Lar mer......I � The foregoing instrument was acknowledged before me hie 19 th day of March - 19 68 , by Leslie R. Allison as President and Clarissa F. Allison as Secretary ot.�; Stanford Triplex Home Owners Association, Inc., •. eurporarddlf.' My notarial commission expiresZv, r t Witness my hand and official seal. 7. xot.� via No. 929. wA.RANTY DEED. —From CamavnD n In velar TenmW Y—DrnJfmd P. With... V... 19341e 61eut tul . D—tv. C 1l da LT DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS This Declaration, made this l9" 'day of �JJ zE,arfi� , 1968, by the undersigned. WITNESSETH: WHEREAS, the undersigned are all the owners and security interest holders of the property described in Article II of this declaration and desire to create thereon a residential community with permanent parks, playgrounds, open spaces, and other common facilities and services for the benefit of said community; and WHEREAS, the undersigned desire to provide for the preservation of the values and amenities in said community for the maintenance of said parks, playgrounds, open space and other common facilities and services, and, to this end desire to subject the real property described in Article II together with such additions as may hereafter be made thereto, as provided in Article II, to the covenants, restrictions, easements, assessments and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; NOW, THEREFORE, the undersigned declare that the real property described. in Article II_, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, encumbered, and occupied subject to the covenants, restrictions, easements, assessments, charges and liens hereinafter set forth. ARTICLE I. DEFINITIONS Section 1.. "Association" shall mean and refer to STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC., its successors and assigns. Section 2,. "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are subject to this declaration or any supplemental declaration under the provisions of Article II hereof. c.-d ir.cluC tg nl.l storm sewer inlets and manholes. (6) Items A (1) to A (5) inclusive are to be financed by the ra_ty of the second part, excepting only Item (3) electrical distribution sy;temo All material required for street lights are to be paid for by pasty of t;.ie seoor_d part to the Light & Power Department of the City. In the event the City of Fort Collins shall require larger 3'cr mai s, sonitary sewer maize; or st.,rm eew�r mains to be constructed 1.4Lhin th.e subdivision than would be required by standard engineering to serve the subdivician, in order to properly extend these „_-vices to other areas, the City of Fo-^t Collins will pay a portion of t-.e cost of such enlarged facili*3r be.;ed on prnrat°nr. of the cost of the =t lly eenstru:eted d 1 v e cos'. of ^u a facility as 'I,-- s,xbdivider°s apprc•r^d pl.zn, Sc^il p::-re.t_^:, c£ costs between City cf port Collins and t'. c:bdivider s�all be determined in advance c" c::^tra^t4on by the City Engineer and in the event of any dispute this ".il Le cubrutted to the City Council for final determination. .-:,cam .mrn^^ fire p.^-'-y has taus �d these presents to I?d ii.Ci�eto t,.._�_��^�, i sif,nr:i by -'_t, Mcyor and its ccapsrate seal to be here' ttest to by i' , Citz ; _.:k, p^r c^.at to motion of the Coun^il of the City of t Col,_; ., c' ,aed the nth day of October A. D., 1.9 66 ., :and second party h-.c hereto set his h=:n.d and seal the day i ye^r «-st :'aercinabove r-ritten. THE CITY GI FORT COLLINS. A Mun;_cir.-al Corporation Ey' I"1 y cG Fie Party I..TL'ST. 0 Section 3. "Common Properties" shall mean and refer to those areas, together with all improvements located thereon, shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of the properties, and their tenants. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision plat of The Properties with the exception of Common Properties as heretofore defined. Section 5. "Living Unit" shall mean and refer to any portion of a building situated. upon The Properties designed and intended for use and occupancyasa residence by a single family. Section 6. "Multi -family Structure" shall mean and refer to any building containing two or more Living Units under one roof except when each such living unit is situated upon its own individual lot. Section 7. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. Section 8. "Member" shall mean and refer to all those owners who are members of the Association as provided in Article III, Section 1, herecf. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO. Section 1. Existing Property. The real property which is, and shall be, held, transferred, sold, conveyed, encumbered, and occupied subject to this Declaration is described as follows: - 2 - Lots 24 through 35, the streets, easements and common area adjacent thereto designated as Tract C in Fahren- bruch Leisure Village Third Filing, including the replat of Lots 8, 9, 10, 11, 12,-13 and a portion of Lot 4 of Fahrenbruch Leisure Village Second Filing, situate in the NWT of Section 25, Township 7 North, Range 69 West of the 6th P.M., now in the City of Fort Collins, County of Larimer, Colorado. all of which real property shall hereinafter be referred to as "Existing Property." Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: a. Additions in accordance with a General Plan of Development. Stanford Triplex Home Owners Association, Inc., its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development. The additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplementary Declaration of Protective Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property. _ b. Other Additions. Upon approval in writing of the Association pursuant to a vote of its members as provided in its Articles of Incorporation, the owner of any property who - 3 - desires to add it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in Subsection a. hereof; provided, however, that the Owner of property listed among the excepted properties or lots in Article II, Section 1, if any, may add such property to the jurisdiction of the Association and subject it to this Declaration simply by ratifying this Declaration in the manner provided by law. C. Mergers. Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Associa- tion as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as.hereinafter provided. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE CLUB Section 1, Member. Each person or entity who is a record owner of a fee, or undivided fee, interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a member. Section 2,. Voting Rights. Members shall be all those owners as defined in Section 1 and shall be entitled to one (1) vote for each Lot or Living Unit in which they hold the interest - 4 - required for membership by Section 1. When more than one person or entity holds such interest or interests in any Lot or Living Unit all such persons shall be members and the vote for such Lot or Living Unit shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot or Living Unit and when Living Units are counted the lots upon which said Living Units are situated shall not be counted. ARTICLE IV. PROPERTY RIGHTS IN THE COMMON PROPERTIES Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 2, every Member shall have a right and easement of enjoyment in and to the common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit. Section 2. Extent of Members' Easements. The rights and easement of enjoyment created hereby shall be subject to the following: a. The right of Stanford Triplex Home owners Association, Inc., and of the Association, in accordance with its Articles and By -Laws, to become indebted for the purpose of im- proving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage the lender shall have a right, after taking possession of such properties, to charge reasonable admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and b. The right of the Association to take such steps as are reasonably necessary to protect the above -described properties against foreclosure; and _ - 5 - C. The right of the Association, as provided in its Articles and By -Laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infrac- tion of its published rules and regulations; and d.. The right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and e. The right of the Association to dedicate or transfer all of any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed. by Members entitled to cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least Ninety (90) days in advance of any action. ARTICLE V. COVENANT FOR ASSESSMENTS Section 1.. Creation of the Lien and Personal Obligation of Assessments. Each of the undersigned, for each Lot or Living Unit owned by it or him within The Properties hereby covenants, and each other Owner of any Lot or Living Unit by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Club; (1) monthly assessments or charges; (2) special assessments for capital improvements; such assessments to be fixed, established, and collected from time to time as hereinafter provided. The monthly and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such - 6 - assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Associationshall be used exclusively for the purpose of Promoting the recreation, health, safety, and welfare of the residents in The Properties and in particular for the purchase, improvements, and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, manage- ment, and supervision thereof. Section 3. Basis and Payment of Annual Assessments. a: The annual assessments with respect to each Lot of Living Unit shall be estimated by the Board of Directors prior to the conveyance of the first Lot and shall be payable in equal monthly installments. b. The Board of Directors of the Association shall determine as of March 1st in each year whether or not a deficiency exists with respect to the annual assessments and shall bill all Owners for Lots and for Living Units such deficiency with the April 1st monthly bill.. Should the Board deem a surplus to exist, pro rata credit shall be given to each Owner on a uniform basis to be credited first against the April 1st payment and any excess credit to be given on the payments due each succeeding month. c. At the time the Board of Directors of the Association makes the determinations set forth in Paragraph b. above, it shall determine the assessment rate for the next ensuing year and shall apply the new annual assessment rate for monthly installments effective as of April 1st of each year. d. Monthly assessments shall be payable on or before the tenth (loth) day of each month, but shall be and become a lien as of the date of the annual assessment as hereinafter provided. Written notice of the annual assessment shall be sent to every Owner immediately following the assessment date,as pro- vided in Paragraph c, above. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the :Lssuance of these certificates. Such certifi- cates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 4. Special Assessments for Capital Improvements. In addition to the monthly assessments authorized by Section 3 hereof, the Association may levy a special assessment, applicable to succeeding 12 months only, for the purpose of defraying, in whole or in part, the cost of the purchase of any rights or the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Members who vote in person or by proxy at a meeting duly called for this purpose, written notice of shich shall be sent to all Members at least thirty (30) clays in advance and shall set forth the purpose of the meeting. Section 5. Effect of Non -Payment of Assessment; The Personal Obligation of the owner; The Lien; Remedies of Club. If the assessments are not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing: lien on the property which - 8 - shall bind such property in the hands of the then owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of 88 per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assess- ment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action. Section 45. Subordination of the Lien to Mortgages. The lien for the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that shuch subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment. Section 7. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted - by the local public authority and devoted to public use; (b) all - 9 - Common Properties as defined in Article I, Section 2 hereof; (c) all properties exempted from taxation by the laws of the State of Colorado. Notwithstanding any provisions herein, no land or im- provements devoted to dwelling use shall be exempt from said assessments, charges or liens. ARTICLE VI. ARCHITECTURAL CONTROL AND RESTRICTION Section 1. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Section 2. No tent, trailer, shack, garage, barn or other out -building erected on any lot covered by these covenants shall at any time be used for human habitation, temporarily or permanently nor shall any structure of a temporary character be used for human Habitation. Section 3. No lot shall be resubdivided into smaller building sites, nor conveyed or encumbered in any less than the full original dimensions as originally conveyed by STANFOU TRIPLEX HOME OWNERS ASSOCIATION, INC. without written approval of the Board of Directors of the Architectural Committee. 10 - Nothing herein contained shall prevent the dedication or con- veyance of portions of lots for additional easements for public utilities. Section 4. No retail, wholesale, manufacturing, repair, businesses, professional offices, or home occupations of any kind, shall be permitted on any lot or in any Living Unit or appurtenant structure. No activity which may be or become an annoyance or nuisance to the neighborhood shall be carried on upon any lot or in any single-family Living Unit or appurtenant structure. No signs, advertisements, bill boards or advertising structures, of any kind may be erected or maintained upon any of the building sites. No tanks for the storage of gas, fuel oil, or any other matter shall be erected,.placed or permitted above the surface upon any lot. Section 5. All clothes line equipment, service yards, woodpiles or storage piles shall be screened so as to conceal them from the view of neighboring lots or streets. Section 6. No trash burning shall be permitted on any lot. All rubbish and trash shall be promptly removed from the lots and shall not be burned in the Subdivision, except in a facility approved by the Architectural Control Committee. Section 7. Each Living"Unit shall have an approved garbage disposal unit connected to the plumbing. Such unit shall be in operating condition whenever the dwelling is occupied and shall be used for garbage disposal. Section 8. Each owner of a lot shall be responsible for keeping shrubs, trees and other plantings on such lot in an attractive condition and compatible with adjacent common areas. In the event of failure to do so, the Association shall be empowered to take necessary steps to care for such plantings at the expense of the lot owner. RATIFICATION OF PLAT WHEREAS, Jack Fahrenbruch, by deed recorded February 23, 1966, in Book 1320 at Page 526 of the Larimer County records, conveyed a portion of the NW' of Section 25, Township 7 North, Range 69 West of the 6th P. M. to the City of Fort Collins for a right of way for public road and for public easements, and WHEREAS, the property described in said conveyance has been platted and dedicated as a public street in the Plat of Fahrenbruch Leisure Village, First Filing, filed in the office of the County Clerk and Recorder of Larimer County, Colorado, on October 26, 1966; and WHEREAS, said plat has been approved by the Planning and Zoning Board and the Council of the City of Fort Collins and the intent of said deed recorded in Book 1320 at Page 526 above described was to insure the location of a road as now provided in said Plat; NOW THEREFORE, the City of Fort Collins ratifies said plat and further agrees that the deed to the City of Fort Collins recorded in Book 1320 at Page 526 was for the purpose of providing a public road over the described property and the City makes no further claim thereon than as provided on said Plat, CITY OF:F'ORT,, COLLI s B / L City nage STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _ day of August, 1967, by , City Manager of the City of Fort Collins, Witness my hand and official seal. My commission expires: Notary Public Section 9. In the event an owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3rds) decision of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the annual assessment to which such Lot is subject. ARTICLE VII. USE RESTRICTIONS Section 1. The use of the Common Area shall be subject to the restrictions set forth in Article IV, Section 1, and to those restrictions hereinafter set forth. Section 2. No use shall be made of the Common Area which will in any manner violate the statutes, rules or regulations of any governmental authority having jurisdiction over the Common Area. Section 3. No Owner shall place any structure whatsoever upon the Common Area, nor shall any Owner engage in any activity which will temporarily or permanently deny free access to any part of the Common Area to all members. Section 4. That part of the plat of. Fahrenbruch Leisure Village Third Filing designated as Tract C, providing access from Stanford Road between Lots 25 and 26, and the other area of Tract C running North and South abutting said access point, is hereby made subject to an easement and right of way for ingress and egress to the several lots adjoining said land, subject only to the rules and regulations for such uses and purposes established by the Board of Directors or the Architectural Committee, which rules and regulations shall always allow reasonable access through said tract. - 12 _ Section 5. The use of the Common Area shall be subject to such rules and regulations as may be adopted from time to time by the Hoard of Directors of the Association. ARTICLE VIII. GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by The Club, or the Owner of the land subject to this declaration, their respective legal repre- sentatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of twenty (20) years unless an instrument signed by the then Owners of two-thirds (2/3rds) of the Lots or Living Units has been recorded, agreeing to change :said covenants and restrictions in whole or in part; provided, however, that no such agreement to change shall be effective unless made and recorded one (1) year in advance of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any action taken. Provided further, that no changes in the covenants or restrictions made pursuant to this Section shall restrict the rights of ingress and egress provided in Section 4 of ARTICLE VII above. Section 2. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section '3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or_ to recover damages, and against the land to enforce any lien created - 13 - w by these covenants; and failure by the Club or any owner to enforcdl U any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. m Section 4. Severability.' Invalidation of any one of these covenants or restrictions by judgment or court order shall i in no wise affect any other provisions which shall remain in full Ci force and effect. U IN WITNESO WHEREOF, and that this Declaration of Protec- tive Covenants and Restrictions shall be binding upon the undersigned, their heirs, successors in interest, assigns, personal representatives, executors and administrators, the same has been signed and executed the day and year first above written. rA EST: CUFF SeAiO _ . /) OO ) Secretary STATE OF COLORADO ) ss. COUNTY OF LARIMER ) STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC. By- C< �D President The foregoing instrument was acknowledged before me this 19th day of March, 1968, by Leslie R. Allison as President and Clarissa F. Allison as Secretary of STANFORD TRIPLEX HOME OWNERS ASSOCIATION, INC., a Corporation. My notarial commission expires Witness my hand and official seal. i Notary Pubiic - 14 - l P R O V E H 7 N T S U v_ V E Y -- zs ' A�uS-v I30 g Sea' y 4 0 , F"nl.na I 3 iv I ✓ s,• / m `O— I 1 wCST p 0�0 p 3p N T4.c oA'�'v. YY'OF�OT� THE Np4TM YS' lOT 11. {31 IZ L.OT ♦-y ggCEP T: TIC LOT 1 EY CC..VT THE - i - s N4RTLL y3' TNY.S�.O F. T��, YS' TMiRCOR I 7. _ 1 G A - D E S C R.I-P T"O N - - - The North- .I 45.0 feet of Lot 11 and. Lot 12,'Block 3 City Park Heights _. City of For[ Coll -Ins - - -iarimer County, Colorado-.' - 518 City Park Avenue S U R V E Y O R S C E R T I F I C A T E 11C t_ g A I he: eb certify that a field survey vas conducted under m su e p -IS-`+'a?`V-�s-p y p sF'I n;&PZ eh. a• a of the above described property, and [hat all building improvements, easeme,[s, and righbg-of-way - in e.idance or known to be there are correctly shown on the above plat Ir furFh r cer[l fy that - are no encroachmen cs houid not he used for the by'and/ar on this property, unless of ea+aisa nei!-�e�� Thisc plat location to cerrtcy the presence of of future permanent improveme Lsk ri[� the sole ingebeing existing encroachments. p !,� L[ NT: First American 'title rns. Ca. L A N D S U R V E Y O FLCSt NntionaL Tower 526 24th Street: - Fort Collin,, Colorado 8052L Greeley, or �806 - 62i EDNARD L. BERLIER, REGISTERED LAND SURVEYOR'10855-. SCALc DATE DRA''Y DRAWN BY BOOT( PAGE REVISEDFILE NL^(BER ' JJ - ,ooV Z-1-fit MEMC.RABIDUM OF AGR== THIS AGREHPHIT, made and entered into this _ 4th day - of February, A. D. 19 71 , by and bewtween THE CITY OF FORT _ COLLINS, a municipal corporation, hereinafter designated as first party, and Don Real, - - Hereinafter designated as second party, WITf1ESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Fahrenbruch Leisure Village 3rd Filing. For approval by the Municipal Planning and Zoning.aoard and the City Council of the City of Fort Collins, and WHEREAS, said subdivision plat is acceptable tofirstparty and first partyts Planning and Zoning Board, subject to construction of utilities in the area to be subdivided, - NOJ, 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. 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 partyts existing water distribution system and showing all valves and fire hydrants. (2) Plans and profiles of the proposed sanitary serer system including all manholes and connections to the first partyts existing sanitary sewer system. - (3) A .plan of the proposed electrical distribution system including connecting 'lines to the first partyts existing electrical distribution system and including all street lights. (4) Plans and profiles of all street improvements. (5) Flans anG profiles of the proposed street drairage system shoi:2ng the connections to the first partyts 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 secor_d 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 seer 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 ofsuchfacility 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 Tinal determination. Di WITHESS ;!HEREOF, first party has caused these presents to be signed by its Mayor and its corpurate seal to be hereto affii^,.d attest to by its City Clerk, pursuant to motion of the Council of the City of iort-Collins dated the 4th day of Fehruary A. D., 19 71,'and second par%, has hereto set his hand and seal the day and year first herein::bove written. THE CITY OF FORT COLLLTIS. A Municipal Corporation By. Mayor First Party ATTEST: City Clerk (SEAL) ^ City � �— COVENANTS FOR J M R COMPANY, INC. WHEREAS the undersigned, J R M Company, Inc., is the owner of the following described property, to -wit: A part of Lots 1 and 2 of the Replat of Lots 19, 20, 21, 22, Tract "B" and a Part of Lot -18 of Fahrenbruch Leisure Village, Third Filing, Fort Collins, Colorado, which begins at a point on the North line of said Lot 1 which bears S 89045' W. 24.00 feet from the Northeast corner of said Lot 1 and run thence S. 00008125" E. 280.00 feet; thence S 89045' W. 222.62 feet to a point on the West line of said Lot 2; thence North 265.07 feet; thence along the arc of a 15.00 foot radius curve to the riaht a distance of 23.50 feet; the long chord of which bears N 44052130" E. 21.17 feet; thence N 89*45' E. 207.00 feet to the point of beginning; containing 62,190 square feet and being subject to a utility easement as shown on this plat; and WHEREAS, the owner has platted said property to provide for the erection of a triplex and two 4-plexes, containing a total of 11 units, designated as Units A, B, C, D, E, F, G, H, I, J and K; and WHEREAS, in the construction of said improvements and platting of the above -described property, there are provisions for green areas to be planted in grass and shrubbery, parking areas, sidewalks and access roads; and WHEREAS, the owner desires to provide for the maintenance of said common are ss ; NOW THEREFORE, as covenants running with the above -described land, the undersigned hereby forms the Fahrenbruch Home Owners' Association, for the purpose of maintaining the common areas on the above -described property. Each owner of a unit shall automatically, by reason of said ownership, be a member of said Fahrenbruch Home Owners' Association. At least annually, the members shall elect an executive com- mittee, who shall have the responsibility of determining the cost of maintaining the above -described common areas for the ensuing year, and assess each unit. one -eleventh (1/11th) of the toal cost of such maintenance. Said assessment shall be a lien upon any unit failing to pay within thirty (30) days after notification of the amount of the assessment due; subject, however, to any first mort- gage placed against any unit. The executive committee shall have the authority to proceed in any lawful manner to enforce the lien of the unpaid assessment. The conveyance of all of the units or of any one or more of said units shall be made subject to these covenants. In the event of the failure of the Fahrenbruch Home Owners' Association to provide for the maintenance, repair, and upkeep of the common areas, the appropriate department of the City of Fort Collins shall have full authority to take whatever steps are necessary to provide for such maintenance, repair and upkeep, and charge one -eleventh (1/11th) of such expense to each unit. The owner of each unit shall be responsible for the upkeep, maintenance and repair of any patio or garden area used solely by any one unit. These covenants shall remain in full force and effect so long as the property above described is used for dwelling units, and has, as a part thereof, the common areas above described. These covenants shall run with the land, and shall be binding upon the heirs, executors and assignes of the undersigned, and subse- quent owners of any of the above -described units. Dated this J7 %fl day of * , 1972. J M R COMPANY INC. v- AT'iEST: Pres ent GGLL��_- �lLir'L-cl�ics� assess each unit one -eleventh (1/llth) of the toal cost of such maintenance. Said assessment shall be a lien upon any unit failing to pay within thirty (30) days after notification of the amount of the assessment due; subject, however, to any first mort- gage placed against any unit. The executive committee shall have the authority to proceed in any lawful manner to enforce the lien of the unpaid assessment. The conveyance of all of the units or of any one or more of said units shall be made subject to these covenants. In the event of the failure of the Fahrenbruch Home Owners' Association to provide for the maintenance, repair, and upkeep of the common areas, the appropriate department of the City of Fort Collins shall have full authority to take whatever steps are necessary to provide for such maintenance, repair and upkeep, and charge one -eleventh (1/11th) of such expense to each unit. The owner of each unit shall be responsible for the upkeep, maintenance and repair of any patio or garden area used solely by any one unit. These covenants shall remain in full force and effect so long as the property above described is used for dwelling units, and has, as a part thereof, the common areas above described. These covenants shall run with the land, and shall be binding upon the heirs, executors and assignes of the undersigned, and subse- quent owners of any of the above -described units. Dated this r9'7 %%{ day of { Ca,* c , 1972. AT'.MT : Corrn*nr-�r J M R COMPANY INC. By President 0 's AMENDMENT TO PLAT WHEREAS, Jack Fahrenburch filed with the County Clerk and Recorder of Larimer County, Colorado, a Plat for Fahrenbruch Leisure Village, First Filing, on October 26, 1966, and reserved thereon perpetual easements for the installation and maintenance for utilities and drainage and irrigation facilities, and WHEREAS, all right, title and interest of Jack Fahrenbruch has been conveyed to the undersigned, and the undersigned is the owner of all the property included within said Plat and desires to amend the same; NOW THEREFORE, the following described easement as shown on said Plat, to -wit: Commencing at the SW corner of Lot 4 of Fahrenbruch Leisure Village, :First Filing, according to Plat filed October 26, 1966, now in the City of Fort Collins, Colorado, thence N. 00008125" W. 6 feet; thence N. 89°45' E. 191. 59 feet; thence S. 12 feet; thence S. 89045' W. 191. 59 feet; thence N. 00°08'25" W. 6 feet to the point of beginning; is hereby vacated and the following described property, to -wit: Commencing at the SW corner of said Lot 4, thence N. 00° 08'25" W. 4 feet; thence N. 89045' E. 191.59 feet; thence S. 12 feet; thence S. 89°45' W. 191.59 feet; thence N. 00°08225" W. 8 feet; is hereby reserved as perpetual easements for the installation and maintenance of utilities and drainage and irrigation facilities. In all other respects said Plat of Fahrenbruch Leisure Village, First Filing, now in the City of Fort Collins, remains in full force and effect. Signed and sealed this 1�7 9 day of August, 1967. ATTEST: Secretary STATE OF COLORADO ) ) s s, COUNTY OF LARIMER ) The foregoing instrum of S glut, 1967, by' acknowledged before me this � day President, and cretary of JRM COMPANY. Witness my hand and official seal. My commission expires: ''7 Commu ca e;. !res Aly 9, 1970 Notary Public APPROVED by the Planning and Zoning Board of Fort Collins this 54ay of,1967, PLANNING AND ZONING BOARD OF BORT LLINS y APPROVED by the City Council of Fort Collins, Colorado, this day of 1967, CITY COUNCIL OF FORT COLLINS, COLORADO By MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 24t� h r day of October A, D. to 66 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Jack Fahrenbruch Hereinafter designated as second party, WITNESSETH: ArZiEREAS, se^ond party has heretofore submitted a subdivision plat of the subdivision to be. known as Fahrenbruch Leisure Villiage, First Village For approval by the Municipal Planning and Zoning Board and the City Council of the City of Fort Collins, and sa'_d 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, THEREFORE, in consideration of the premises and the terms of this agreement, it is mutually agreed as follows: 1. Fi.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 partyls Planning and Zoning Board, second party agrees :.s follows: (A) To submit to first party the following detailed improvement play^, acceptable to the first party- (1) A plan of the proposed water distribution system including the ccnnecting pipelines to the points of connection to the first party's existing water distribution system and showing all valves a.d fire hydra:.t (2) Plans and profiles of the proposed sanitary sewer system including all manholes and connections to the first partyls existing sanitary sewer system. (3) A plan of the proposed electrical distribution system including connecting lines to the first party's existing electrical di strib�7tion �r,tec, arc: including all street lights. (Q Plans and profiles of all street improvements. Pla:^.s and profiles of the proposed street drainage system sharing the connections to the first party's storm sewer system and includ. ig 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 Derartment 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 p— 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 t. cost of such enlarged facility based on proration of the cost of the fa.ci=S_ty* actually constructed and the estimated cost of such facility as :o,an on t',e 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 UITNESS WH&P.EOF, first party has caused these presents to b-e signed by its Mayor and its corporate seal to be here-ttest to by its City Clerk, pursuant to motion of the Council of the City of Fort Collins dated the 6th day of October A. D., 19 66, 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 Piy� Fir t Party i ATTEST, City C er c APPRO'T' :� Ci£�r :,ineer ,cINO'N MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this 20th day of March A. D. 19 67 , by and bewtween THE CITY OF FORT COLLINS, a municipal corporation, hereinafter designated as first party, and Jack Fahrenbruch & John W. Minsball Hereinafter designated as second party, WITNESSETH: WHEREAS, second party has heretofore submitted a subdivision plat of the subdivision to be known as Fahrenbruch Liesure Village, Second Fili* 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, NCWJ THEREFORE, 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 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 I irst 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 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. (4) 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 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 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 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 affixed ^ttest to by its City Clerk, pursuant to motion of the Council of the City of --_-- _ _Fort Collins dated theg+,h day of March A. D., 19_f,7_, 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 1 By Lt M or ir Pay ATTEST: 1 Clerk City (SEAL) APP B 4ec4onar'y City ngineer