HomeMy WebLinkAboutMEADOWS AT REDWOOD PUD - Filed EV-EASEMENT VACATION - 2003-12-18RCPTN # 86074838 -12/23/86 11:53:25 # OF PALES - 2 FEE - $6.00
J. ULVAN!, RECORDE - LARI4ER COUNTY, CO. ST, : DOC. FEE- $.00
ORDINANCE NO.194 , 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING ALL EASEMENTS EXCEPT THE EXISTING ELECTRICAL
EASEMENT OF THE MEADOWS AT REDWOOD P.U.D., PHASE I
WHEREAS, the Council of the City of Fort Collins has been petitioned
to vacate all easements except the existing electrical easement located at
The Meadows at Redwood, P.U.D., Phase I set forth in more particular below;
and
WHEREAS, the owners of the property are in the process of replatting
all of The Meadows at Redwood, P.U.D., Phase I and a portion of Redwood
Village P.U.D., Phase II into single family lots; and
WHEREAS, all easements except the existing electrical easement
dedicated on the original plat need to be vacated to accommodate the
configuration of building lots on said replat; and
WHEREAS, all utilities are currently installed in the easements to be
dedicated to replace those vacated by this Ordinance and the utility
companies have been contacted and expressed no objections to the vacation;
and
WHEREAS, the rights of the residents of the City of Fort Collins will
in no way be prejudiced or injured by said vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that all easements located on the plat of The Meadows at Redwood
P.U.D., Phase I except that electrical easement as shown on the westerly
side of the plat recorded in Book 2125 at page 744-750 of the records of
the Larimer County Clerk and Recorder described more particularly as
follows, to wit:
A tract of land located in the Southeast quarter of Section 1,
Township 7 North, Range 69 West, of the 6th P.M. of Larimer
County, Colorado, being a portion of the Plat of Redwood Village
P.U.D., Phase II, a Plat of record with the Clerk and Recorder of
the said Larimer County, more particularly described as follows:
Considering the East line of the Northeast quarter of said
Section 1 as bearing North 00'04'13" West and with all bearings
contained herein relative thereto:
Commencing at the East quarter corner of said Section 1; thence
South 81'13'28" West 2645.30 feet to the Northwest corner of the
Plat of The Meadows at Redwood P.U.D., Phase I, thence along the
West boundary of the said Plat of The Meadows at Redwood P.U.D.,
Phase I, 122.06 feet along the arc of a curve concave to the West
having a central angle of 15°56'10", a radius of 438.85 feet, the
long chord of the said curve bears South 06 52'05" East 121.67
feet; thence continuing along the said West boundary, South
01°06'00" West 605.00 feet to the North boundary of the said Plat
of Redwood Village P.U.D., Phase II; thence along the said North
boundary, .South 88°54'00" East 170.38 feet to the TRUE POINT OF
BEGINNING of this description; thence continuing along the said
North boundary the following three (3) courses and distances, (1)
North 01'05'00" East 37.91 feet; (2) South 88'54'00" East 160.00
feet; (3) North 47'03'17" East 224.60 feet; thence leaving the
said North boundary, South 01'06'00" West 52.87 feet; thence
South 47°03'17" West 203.09 feet; thence North 88°54'00" West
175.46 feet to the Point of Beginning.
The above described tract contains 0.3325 acres or 14485 square
feet and is subject to all easements and rights -of -way now
existing or of record.
be, and the same hereby is, vacated, abated and abolished.
Introduced, considered favorably on first reading and ordered
published this 4th day of December, A.D. 1986, and to be presented for
final passage on the 16th day of December, A.D. 1986.
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of December, A.D.
•:.
ClerkATTEST-
RCPTN # 87034375 0C112/87 15:20:39 # OF PP'"S - o5- FEE - -,�Ib.00
M PIDENBER3ER, REC'.OR R - LARIMER COUNTY, CO Si E DOC FEE $.00
AGREEMENT VACATING SITE AND LANDSCAPE COVENANTS
THE UNDERSIGNED, the owners of legal and equitable
interests in Meadows at Redwood P.U.D., Phase I, (the "Property")
located in the City of Fort Collins, County of Larimer, State
of Colorado, and the City of Fort Collins (beneficiary of said
site and landscape covenants), for good and valuable consideration,
the receipt and adequacy of which is hereby confessed and
acknowledged, hereby cancel, rescind, terminate, and vacate those
certain Site and Landscpae Covenants for Meadows at Redwood P.U.D.,
Phase I executed March 13, 1984 and recorded March 20, 1984 in
Book 2263 at Page 1734 of the official records of the Clerk and
Recorder of Larimer County, Colorado.
UNITED ;BANK OLL N.
By: /�
Title: �/6 fiF���� ����, �.C�-dCe6
CITY OF FORT COLLINS
Title:
STATE OF COLORADO),,��� -
)ss.
County of :Larimer)
As,i-;'. nt City Ai:,)Cy
The foregoing Agreement was acknowledged before me this 13th day
of March 1987 by Steven G. Fobes as Sr.
Vice Preais3ent of United Bank of Fort Collins,
N.A.
Witness my hand and official s�i1.
Notary Pu is
M commission Ex Tres: My "Mislsi)onl�
es A rll 8,
y pP 1990
c'-fI1T-'"; OF COLORAiXJ)
4` °? A e. Ft. Co)lirs, CO 8052$
)ss.
County of Larimer)
TheAAforegpeing Agreement as acknowledged before me this day of
°1 ��tK by 4�'`%���(rstas �L /7 1[a..�� for the Cit,7
of —Fort Ccilins.
Witness my hand and official seal. _
i i,
N t Public —
My con -mission Expires:
_,,RAoa B2T6 1 733
OAR
STAT PENT OF 0"tiERSHIP, SUBDIVISION, DEDICATION AND DECLARATION OF PROTECTIVE COVENANTS.
Know all men by these presents; that the undersigned, being the owner(s) and proprietors
or th; followinq described land, to -writ; That portion of the Southeast Quarter of Section
1, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins,
t.rimer County, Colorado being more particularly described as follows; Considering the East
line of the Northeast Quarter of said Section 1 as bearing North 00'04'13" West and with all
bearing,, contained herein relative thereto: Beginning at the East Quarter Corner of said
Section 1; thence South 81"13'28" West 2645—'0 feet to the Southwest Corner of Tract A, Replat
of Evergreen Park. Second Filing to the City of Fort Collins and ;he true point of beginning;
thence al,)ng tt:e_ `.:uth line of said Tract A and the Easterly prolongation of said South line
South 87'10'35" East 465.84 feet; thence South 01°06'00" West 93.04 feet; thence South 25°DO'
00" East 91.35 feet; thence South O1"06'00" West 353.22 feet; thence South 47°03'17" West
224.60 feet; thence North 88'54'00" West 160.00 feet; thence South O1'06'00" West 37.91 feet;
thence North 88"54'00" West 170.38 feet to the Easterly right of way of Redwood Street; thence
alonq said riqht of way North 01"Ob'00" East 605.00 feet to the beginning of a tangent
curve concave to the Southwest having a central angle of 15"56'10" o radius of 438.85 feet;
thence Northwesterly along the arc of said curve and along said Easterly right of way 122.06
feet to the true point of beginning. Said parcel containing 7.52+ acres more of, less gross
and has caused the same to be surveyed and subdivided as shown on this Plat to be known as
THE MEAIh�WS Al REDWOOD P.U.D. Phase 1 being a re -plat of REDWOOD VIELAGE P.U.U. Phase 1 and
does hereby dedicate and convey to and for public use, forever hereafter, the streets and
easements as are laid out and designated on this plat.
REDWOOD VENTURES, A Colorado General Partnership
General Partner neral Partner / j Gene al P trier
STATE OF COLORADO ;I
cc
COUNTY OF �I
s'. The foregoing instrument was acknowledged before me this day of
r ---- , and
A.D.. 1'l8`. b 4 .�a..=u- C'�rlrccs. {. �adllaParc Lr..___.
-'Y,as Redwood Ventures A Partneerrship.
`L My Notarial Ccrrrnis_ron expires )-'-Q ?,
Notary Public
AIICRNC v'S CERTIFICATE p
This is to certify that on the day of _'Li_ 19 b i
e-amined the title to the property as described hereon and estab�' shed that the
o-4ners en,; urol,j etors of record of tL„ said property as construed in�C.R.S. 1973,
31-23-111, are as snows hereon as of the said date.
ACt nee ea i( Sdb
Address:
82263 P1734
.. . . I ,II,
SITE AND LANDSCAPE COVENANTS
FOR
THE MEADOWS AT REDWOOD P.U.D. PHASE 1
Situate in the Redwood Village PUD Phase i Project
City of Fo,-t Collins, t`ounty of Larimer,
State of Colorado
The undersigned, fee owner of The Meadows at Redwood P.U.D.Fh.I(The
Property) located in the City of Fort Cin—olT s, County of Larimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby speci-
ties that these declarations shall constitute covenants to run with all of
the Property and shall be binding on all parties and all persons claiming
under them, and for the benefit of and limitations on all future owners of
all or oart of the Property, this declaration being signed for the purpose
Of guaranteeing that the Property will be developed and landscaped ini-
tially ant '(apt in desirable condition in the future as herein specified.
'uwmer' shall include the signator to this document and all successors or
assigns of said signator.
The landscape improvenents, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or con-
servation amenities, as described in the site and landscape plans'submitted
to the City of Fort Collin; and on record therewith shall be made and
installed in the manner as described in said plans unless amended pursuant
to the approval of the City of Fort Collins. With the exception of lands
necessary fur construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and ap-
proved by the City of Fort Collins. It is further understood and agreed
that the owner of the Propertv, or its assign, or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped" areas and other amenities within said P.U.D. together with
all parking, sidewalks and open snare areas and all areas nthemise uti-
lized for buffering energy conservation or other site amenity. Should the
owner fail in any respect to comply with the terms of this Agreement, the
City of Fort Collins upon notifying said owner in writing of the matters in
retard to which default is asserted and should the owner fail either to
cure said default within thirty (30) days after receipt of such notice or
to ca-eience within twenty (20) days to rectify such (tefault until it is
fully rectified or cured, then the City of Fort Collins shall have the
right (1) to obtain, in the Ui;trict Court of Larimer County, Colorado, a
mandatory injunction requiring rectification of the default, or (2) to
enter upon said property and perform the work necessary to replace said
improvements or maintain the same orl the owner shall pay or cause to be
paid to the City of Fort Collins such sums necessary to reimburse said City
of Fort CulIins for the labor and material expended to complete or maintain
sar.l nprovements which patient sli(I1 be made within ten (10) days after
r.•(r(pt of Milling. The sum due aed unlaid shall accrue interest at the
statutory rate for judgements from tr dal, that such Sum is due. If said
More specifically described as "Final Site and Landscape Plan" dated WIJ1 p s:r:
bill inq is not paid, then the City of Fort Collins pursuant to the author-
ity (,,anted by these cov�„iants, shall have a lien on the above described
property and improvements thereto. Said lien to be exercisable by filing a
notice of said lien against said property and improvements thereto; pro-
vIded, huwever, that the City of Fort Collins shall not have a lien against
any single-family lots and improvements thereto within the Property, if
applic,,ble. The City of Fort Collins shall be entitled to all rights of
foreclosure or other remedies existing pursuant to Colorado law for en-
forcement of liens against real property and may also, at its discretion,
without waiving any other right', it may have pursuant to law, proceed
directly with legal action against the owner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
ad Me�O_wS-Is Redwood P,U.O." wnich real property shall include the property
subject to these Covenants.
DATED this 13 day of March 19 84
Owner
Redwood Ventures,
a Colorado General Partnership
By it C 4
Tit e - Gen ra Pear her
ATTEST:
N/A
ec—re tary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing i itrument was ack,ngw�ledged before me this �,3 day of
19 by_���Q_ r�lG�._ as _ ��41d. and
as Secretary or
-_ My Commission expires: 1l(AAJMbbl .�i__
',;itness ny hand and official seal.
ii 1
_LLI.t f CCC/r!/ylc.t�dJ
Votary Pu�
-2-
N O T I C E
Please take notice that on February 27, 1984, the Planning and Zoning
Board of the City of Fort Collins, Colorado, approved the Final Site Plan of
the planned unit development known as THE MEADOWS AT REDWOOD PUD which
develop.*nt was submitted and processed in accordance with Section 118-83 of
the Code of the City of Fort Collins. The Final Site Plan of the subject
property togetier with the development agreement dated December 15, 1982,
between the City of Fort Collins and the developer, out of which documents
accrue certain rights and obligations of the developer and/or subsequent
owners of the subject property, are on file in the Office of the Clerk of the
City of Fort Collins.
Thz subject property is more particularly described as follows:
See attached Exhibit
Offs ite easements required for utilities to serve this planned unit
development are recorded with the Larimer rounty Clerk and Recorder.
City Clerk C' a ary,--7TannIno n ng arm_—_
Lvl" City of Fort Collins
Dated_,nw
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