HomeMy WebLinkAboutGREENBRIAR - Filed OA-OTHER AGREEMENTS - 2002-12-16RCPTN # 88000331 01/0r �8 13:44:34 # OF PACE` 2 FEE - 56.00
M. RODENBERCER, RECORDEL - LARIMER COUNTY CO STATE DOC FEE- $.00
CONSENT AND SUBORDINATION AGREEMENT
WHEREAS, LYMA, INC., on the 7th day of April, 1987, executed a certain
DEED OF DEDICATION to the City of Fort Collins for the installation of
utilities, which dedication covers land in Larimer County, Colorado, described
on Exhibit "A" attached.
NOW THEREFORE, THE COLORADO STATE BANK OF DENVER, the holders and owners
of a Deed of Trust recorded in the Larimer County, Colorado records, Reception
No. 85023665, for a valuable consideration, the receipt of which is hereby
acknowledged, hereby consents to the terms and provisions of said easement
aforesaid without, however, joining in any of the warranties, guarantees or
indemnities contained therein, and agree that the subject Deed of Trust shall
be subordinate to such dedication in the event of foreclosure thereof.
THE COLORADO STATE BANK OF
DE
By
STATE OF COLORADO) John G. Wilkinson, President
)ss
COUNTY OF Denver)
Subscribed and sworn to before me by _John G. Wilkinson. President
of Colorado State Bank of Denver
Witness my hand and official seal.
My Commission expires: July 14, 1988
a/CC�f't.c ter'- 1�� �y�= �,•
Notary Public
Address: 1600 Broadway
Denver, CO 80202
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PK19u0 PC
(including necessary replacement of dead trees or shrubs)
of all "planted and landscaped" areas within said open space
or common areas. Should the developer or subsequent owner(s)
fail in any respect to comply with the terms of this Agree-
ment, the City of Fort Collins upon notifying said developer
or owner(s) in writing of the matters in regards to which
default is asserted and should the developer or owner(s)
fail either to cure said default within thirty (30) days
after receipt of such notice or to commence within twenty
(20) days to rectify such default and continue thereafter
to use due diligence to rectify such default until it is
fully reciified or cured, then the City cf Font Collins
shall have the right to enter upon said property and perform
the:, work necessary to replace said improvements or maintain
same and "_he developer or current owner shall pay or cause
to be paid to the City of Fort Collins such reasonable sums
necessary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain said
improvements which payment shall be made within ten (10)
days after receipt of billing. If said billing is not paid,
than the City of Fort Collins pursuant to the authority
granted by these covenants shall have a lien on all property
and improvements thereto within the particular tract of land
in the Greenbriat P.U.D. on which said work was performed,
said 'lien to be exercisable by filing a notice of said lien
against said property and improvements thereto. The City
of Fort Collins shall be entitled to all rights of fore-
closure or other remedies existing pursuant to Colorado law
for enforcement of liens against real property and may also
at its discretion without waiving any other rights it may
have pursuant to law, proceed directly with legal action
against the developer or current owner, their assigns or
successors in interest to collect payment of the reasonable
amounts so expended pursuant to the terms hereof. These
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FK 19'1 C FF r 2 8
protective covenants are being filed concurrently with the
filing of the Plat of Greenbri.ar P.U.D.
Dated at Part Collins, Colorado, this QiV-d1day of
— Q1, --, 1979.
ATTI ST:
H VOI.B
DEVIL
TED G. ROSE
STRUCTION &
t Li
CIIT,RLES F . MUEN71 . RG
CONCEP MAL REVIEW
611A r COMMENTS
MEETING DATE: _ February 4, 1985
ITEM: Greenbriar Subdivision
APPLICANT: Jim Scavo; c/o Stuart & Associates
LAND USE DATA:
92 single family lots and neighborhood park on 50 acres.
COMMENTS:
1. Some existing utility services will need to be removed.
2. The Parks and Recreation Department is seriously considering a park
in the area. They will be reviewing the proposal and will have further
comments.
3. All new streets will need to meet current City standards.
4. Any changes to overall area drainage system needs to be reviewed by
City staff.
5. The 50 foot pavement width for Willox can remain if the road could be
built to arterial structural requirements.
6. Treatment of backs of double -frontage lots along Willox needs to be
detailed. Treatment of Lemay Avenue frontage needs to be detailed.
7. Lots 54-56 do not meet 150 foot lot depth requirement of subdivision
regulations.
8. Rear lot treatment of lots 30-53 in terms of interface with parks needs
to be explored further with the Parks and Recreation Department.
JF/ga
Greenbriar P.U.D.
Amendment Agreement No.l
THIS AMENDMENT AGREEMENT, is made and entered into this CIS day of
March, 1986, by and between the CITY OF FORT COLLINS, COLORADO, a municipal
corporation ("City"), and FIRST INTERSTATE BANK OF FORT COLLINS, N.A.,
("Developer"), is an amendment to that certain Development Agreement dated
the 18th day of July, A.D. 1985, by and between the City and FIRST INTER-
STATE BANK OF FORT COLLINS (the "Development Agreement").
WHEREAS, the parties hereto previously executed a Development Agreement
on July 18, 1985; and
WHEREAS, the parties are presently desirous of modifying the original
Development Agreement referred to above;
NOW THEREFORE, in consideration of the mutual promises of the parties
hereto and other good and valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties agree as follows:
Paragraph 2.B.(iii) of the development agreement is hereby replaced in
its entirety as follows:
2.B.(iii) The off -site street improvements to Willox Lane shall be
completed prior to the issuance of any Certificate of Occupancy.
Lemay Avenue improvements must be completed prior to the issuance of
more than forty-six (46) building permits.
Paragraph 2.b.(v) is hereby inserted as follows:
2.B.(v) All on -site street improvements providing access to a struc-
ture shall be completed to the gravel base required prior to the
issuance of a Building Permit for that structure. Prior to the issu-
ance of the Certificate of Occupancy for any structure, the street or
streets providing access to that structure shall be completed.
Except as herein amended or modified, the Development Agreement shall
continue in full force and effect. This Agreement and the Development
Agreement constitutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first written.
ATTEST:
�Nzl=lkkl
APPROVED AS TO FORM:
Gity Attorney
sty neer
CITY OF FORT COLLINS
municipal corporation
Y
ity,Manager
FIRST I RST'ATE RANK OF FORT
COLL fyS, N.A.
41 1-
xecut-eve=Yee---
President
ATTEST:
(Corporate Seal)
v -
,Sa y Stea� man „ Oceta y
EXHIBIT A
A TRACT OF LAND SITUATED IN THE WEST 1/2 OF SECTION 6, RANGE 68 WEST,
TOWNSHIP 7 NORTH OF THE 6TH P.M., LARIMER COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 6 AS BEARING N 000 04' 20" E WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE WEST
1/4 CORNER OF SAID SECTION 6; THENCE N 88° 52' 25" E 30.00 FEET; THENCE
S 000 04' 32" E 8.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE
S 000 04' 32" E 150.00 FEET; THENCE N 89° 55' 28" E 60.00 FEET;
THENCE N 000 04' 32" W 100.00 FEET; THENCE N 89° 55' 28" E 30.00 FEET;
THENCE N 000 04' 32" W 64.34 FEET; THENCE S 80° 52" 13" W 91.14 FEET
TO THE TRUE POINT OF BEGINNING. SAID TRACT TO BE USED FOR A PERMANENT
DRAINAGE EASEMENT.
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RCPTN # 85041846 08/21/85 12:33:58 # OF PAGES - 6 FEE - $18.00
J. ULVANG, RECORDER - , 2IMER COUNTY, CO. DOC. FE $.00
AGREEMENT OF PARTIAL REVOCATION
OF LANDSCAPE AGREEMENT
THIS AGREEMENT, made this ?Znd day of /'`lA LtsL- , 1985,
c
by and between the FIRST INTERSTATE BANK OF FORT COLLINS, N.A..
of Fort Collins, Colorado; the CITY OF FORT COLLINS, Colorado, a
municipal corporation; and TED G. ROSE, of Fort Collins,
Colorado, and BLOCH/POUDRE VALLEY CONSTRUCTION JOINT VENTURE
L.T.D., WITNESSETH:
RECITALS
1. The parties hereto, collectively, but with the exception
of the City of Fort Collins, own all of that certain real
property situate in the County of Larimer., State of Colorado,
known as the Greenbriar P.U.D., and described as follows:
North 1/2 of Northeast 1/4, Section 1, Township 7
North, Range 69 West of the 6th P.M., Larimer
County, Colorado
2. On April 2, 1979, there was a recorded in the official
records of Larimer County, Colorado, in Book 1940, Page 287
thereof, a landscape agreement pertaining to said Greenbriar
P.U.D. made and entered into by the then owners of said real
property, being Hvoboll.-Johnson Construction & Development, Inc.,
a Nevada corporation, Ted G. Rose and Charles F. Muenzberq.
3. Said landscape agreement set forth certain limitations,
restrictions and uses to which the said Greenbriar P.U.D. might
be put. Said limitations and restrictions were, according to
said agreement, to constitute covenants running with the land.
4. Said landscape agreement further provided remedies
available to the City of Fort Collins in the event of failure to
comply with the terms and conditions of said landscape agreement,
as more fully set forth therein.
■
5. First Interstate Bank of Fort Collins, N.A., has entered
into an agreement with the City of Fort Collins whereby it is to
sell, and said City is to purchase, a portion of said Greenbriar
P.U.D., which portion is described hereinafter to be utilized by
the City of Fort Collins as a park and for related purposes.
6. The City of Fort Collins is desirous of having the terms
and conditions of said landscape agreement made void as to the
property it has agreed to purchase, and the other parties hereto
are agreeable to so doing by this Agreement.
NOW, THEREFORE, the parties hereto, constituting all present
owners of the real property to which said landscape agreement
pertained, as well as the City of Fort Collins, which is to
acquire an interest in a portion of said property, agree as
follows:
1. Consideration for this agreement is acknowledged by each
party hereto and includes the mutual. promises made by the parties
each to the other, and the benefits received or conferred as
contained in, or resulting from, this Agreement.
2. All terms, conditions, provisions, and covenants as
contained in the landscape agreement recorded April 2, 1979, in
Book 1940 at Page 287, in the records of the Clerk and Recorder
of the County of Larimer, State of Colorado, are revoked, vacated
and made void and of no further force or effect whatsoever as to,
but only as to, the following described property situate within
the said Greenbriar P.U.D., to -wit:
A part of Greenbrier according to the recorded Plat
thereof, City of Fort Collins, County of Larimer,
State of Colorado, which begins at a point which
bears S 00004'13" E 779.24 feet and again W 135.00
feet and again S 83059116" W 92.50 feet and again N
00004113" W 214.48 feet and again S 89155'47" W
27.00 feet from the Northeast corner of said
Section 1, Township 7 North, Range 69 West, of the
6th P.M., and run thence S 89°55'47" W 39.37 feet;
- 2 -
14)
thence S 60°10' W 334.00 feet; thence N 53°45'45" W
113.91 feet; thence S 79030' W 720.00 feet; thence
S 62035' W 145.00 feet; thence S 52°20' W 65.00
feet; thence S 22050' W 140.28 feet; thence along
the arc of a 600.00 foot radius curve to the right
a distance of 499.57 feet, the long chord of which
bears N 130026109" W 485.26 feet; thence N 26035' W
115.73 feet; thence along the arc of a 15.00 foot
radius curve to the right a distance of 23.56 feet,
the long chord of which bears N 18°25' E 21.21
feet; thence N 63025' E 46.85 feet; thence along
the arc of a 731.21 foot radius curve to the left a
distance of 386.05 feet, the long chord of which
bears N 48017130" E 381.58 feet; thence along the
arc of a 376.00 foot radius curve to the right a
distance of 373.88 feet, the long chord of which
bears N 61°36'53" E 358.23 feet; thence S 89156114"
E 927.75 feet; thence along the arc of a 213.00
foot radius curve to the right a distance of 334.09
feet, the long chord of which bears S 45000'13" E
300.88 feet; thence S 00004'13" E 198.24 feet to
the Point of Beginning.
3. Except as herein provided, the terms, conditions,
requirements and covenants as contained within said landscape
agreement shall remain in full force and effect, unaffected by
this agreement.
4. This agreement shall be binding upon and inure to the
benefit of the heirs, successors, personal representatives and
assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
FIRST IIVT�RSTATE BANK OF FORT
COLLINS, N.A.
By:
Title:,L���'
Approved As To Form:
Astii�.��nt City Attorney
BLOCH/POUDRE VALLEY CONSTRUCTION
JOINT VENTURE L.T.D.
By: Poudre Valley Construction
Company, Inc., a Colorado
corporation
Joint Venturer
By:
Harold H. Miller, President
Attest:
Emma4 M. Miller, SeL�i"tary
By: Bloch Enterprises, I�1c., a
Colorado corooratio
In
Sint Venturer
eter L. Bloch, Yre5
Attest:
- 4 -
oy e Bloc , Secretary
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me in the
County of L, _imer an S try of Col rad this��Wday of August,
1985, byCPgdy�s-f , of the
First In erstate Ba of Fort Collins, N.A.
WITNESS my hand and official seal.
(SEAL)
Notary Public''
My Commission Expires:
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me in the
County of Larimer and State of Colorado, this 22nd day of August,
1985 by joOjrn E. Arnold as QnGt t'/=, of the
City of Fort Collins.
WITNESS my hand and official seal.
(SEAL)
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
—�u
Not- y Public -
My Commission Expires:
The foregoing instrument was acknowledged before me in the
County of Lar.imer and State of Colorado, this %'>/_,day of August,
1985 by Ted G. Rose.
WITNESS my hand and official seal.
(SEAL)
Notary, Pub I c --
My Commission Expires:
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STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me in the
County of Larimer and State of Colorado, this M 'fday of August,
1985, by Harold L. Miller, as President of Poudre Valley
Construction Company, Inc., a Colorado corporation, Joint Venturer
of Bloch/Poudre Valley Construction Joint Venture L.T.D.
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged lbefp e me in the
County of Larimer and State of Colorado, this ") 'Ely of August,
1985, by Peter L. Bloch, as President of Bloch Enterprises, Inc.,
a Colorado corporation, Joint Venturer of Bloch/Poudre Valley
Construction Joint Venture L.T.D.
WITNESS my hand and official seal.
(SEAL)
Notary Public I,
My Commission Expires:_,
whb5
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Record y? p
LANDSCAPE AGREEMENT
IIVOLBOLL-JOIINSON CONSTRUCTION & DEVELOPMENT, INC., a
Nevada corporation, TED G. ROSE and CHARLES F. MUENZBERG,
both of Fort Collins, Colorado, do hereby make the: following
declarations as limitations, restrictions and uses to which
Greenbri-ar P.U.D. located in the North 1/2 of the Northeast
1/4 of Section I, 'Township 7 North, Range 69 west of the
Sixth P.M,., City of Fort Collins, Lari_mer County, Colorado,
may be put, and hereby specify that these declarations shall
constitute covenants to run with all of the above -described
land, provided by law, 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 part of said
tracts, this declaration being signed for the purpose of
guaranteeing that said tracts will be landscaped initially
and kept in desirable condition in the future as Herein
specified.
These landscape improvements as described in the land-
scape plot plans submitted to the City of Fort Collins and
on record therewith shall be made and installed in the manner
as described in said plan unless amended pursuant to the
approval of the City of Fort Collins. Upon completion of
the installation or construction of improvements provided
in the Subdivision Agreement of even date herewith made with
the City of Fort Collins or three (3) years from the date
hereof, whichever occurs earlier, the developer or owner
shall cause the open space or common areas depicted upon
the Plat of Greenbriar P.U.D. to be seeded and suitably
planted wA h grass, trees and decorative shrubs pursuant
to the provisions of said landscape plot plans excepting,
however, lands necessary for construction. It .is further
understood and agreed that thr, developer of said property,
or subsequent owner(s) or their assigns or successors in
interest shall_ be responsible for the maintenance and care