HomeMy WebLinkAboutGOLDEN MEADOWS BUSINESS PARK REPLAT LOTS 13-16 AND 18 - Filed OA-OTHER AGREEMENTS - 2004-11-04F" 5 3 S AUG 131979, 01,1- . 0/
COVENANT AND AGREEMENT
GOLDEN MEADOWS BUSINESS PARK II, a partnership (the
"Owner"), being the owner of Lot 19, Replat of Lots 13, 14,
15 and 18, Golden Meadows Business Park, a subdivision in the
City of Fort Collins, Colorado, hereby makes the following
agreement and covenant with THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation.
1. Preamble.
A. The Owner is constructing a one story building
of "unlimited area" as such term is used in the Uniform
Building Code, 1976 Edition, on said Lot 19.
B. Such building is allowed under Section 506(b)
of the Uniform Building Code, if the building is provided
with an approved automatic fire extinguishing system through-
out and entirely surrounded and adjoined by public space,
streets or yards not less than sixty (60) feet in width.
C. The building being constructed will be provided
with the required automatic fire extinguishing system.
D. The Owner desires to insure to the City that
the building will be entirely surrounded by public space,
streets or yards not less than sixty (60) feet in width.
E. The building in question is located on the
south portion of said Lot 19. A yard of more than the
required width exists on the north and west side of the
building. The property south of said Lot 19 (Lot 12, Golden
Meadows Business Park) is owned by the City of Fort Collins
and is the site of a utility substation. Said Lot 12 does
not extend along the entire south line of Lot 19 but an
accessway belonging to the City exists immediately south of
the remainder of Lot 19 which provides access to the lot
owned by the City. The City ownership provides a public
space thirty (30) foot in width and, therefore, only a thirty
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(30) foot yard is required along the south line of Lot 19.
F. A sixty (60) foot yard presently exists east of
the building on Lot 19 except that an electric transformer is
located within such space. The City considers such trans-
former a structure as defined by the Uniform Building Code
and, therefore, not permitted in such yard. Presently the
land adjoining the east line of Lot 19 is not improved and is
a railroad right-of-way. So long as no other structure is
constructed within sixty (60) feet of the existing trans-
former structure, the required yard is provided.
2. Covenant and Agreement. In order to insure the
continued existence of the required 60-foot yard on the east
and south sides of said building, Owner covenants and agrees
with the City as follows:
A. If at any time in the future any structure as
defined by the Uniform Building Code, 1976 Edition, is
erected or constructed on the railroad right-of-way adjoining
the east lane of Lot 19 which is within sixty (60) feet of
,or similar structures,���
the present transformer structure the Owner will relocate
the transformer structure so that there will continue to be
sixty (60) foot of yard (without structures thereon) on the
east side of said building.
B. The Owner will construct no structure within
the south thirty (30) feet of said Lot 19.
3. Binding Effect. Owner understands that the City is
permitting the construction of a building of unlimited area
relying on the covenants and agreements herein contained.
These covenants and agreements shall run with the land and
shall be binding upon the Owner, its successors and assigns.
IN WPINESS WHEREOF, the Owner has executed this agree-
ment this __,)4—L day of August, 1979.
GOLDEN MEADOWS BUSINESS PARK II
B y �J a /
Managing Partner
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E'(Iz(( irr 5 3 1
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this
IL day of August, 1979, by K. Bill Tiley, Managing Partner
of Golden Meadows Business Park II, a partnership.
Witness my hand and official seal.
My ,commission expires -1, /6),r-/
Notary Public
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