HomeMy WebLinkAboutCEDAR VILLAGE FOURTH - Filed OA-OTHER AGREEMENTS - 2002-12-19RCPTN # 86039031-7/18/86 13:28:58 # OF GES - 1 FEE -
J. ULVANG, RECORDEt_ - LARIMER COUNTY, CO. STA,i DOC. FEE-
VINCENT E. SHRYACK and MARLENE HULL SHRYACK
whose address is 12675 Hill crest Drive, Longmont,
County of Boulder State of
Colorado for the consideration of Ten
Dollars and Other Good and Valuable Consideration --
zfiflars,-in hand paid, hereby sell(o and convey(K) to
THE CITY OF FORT COLLINS, a municipal corporation
whose legal address is
Larimer
300 LaPorte Avenue, Fort Collins ,
$3.00
$.00
County of
, and State of Colorado the following real property in the
County of Larimer and State of Colorado, to wit:
A part of Lot 8 of Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th P.M., County
of Larimer, State of Colorado being more particularly described as follows:
Begin at the Northeast corner of said Lot 8 and runs thence
along the East line of said Lot 8 and also along the West
line of Cedar Village Fourth Filing and ilverplume Estates
S 000 00' 29" E 2$9.70 feet; thence S 89� 59' 31" W 10.00
feet; thence N 00 00' 29" W 15.00 feet; thence along the
arc of a 70 foot radius curve to the left a distance of 36.65
feet, the long chgrd of which bears N 150 00' 29" W 36.23
feet; thence N 30 00' 29" W 46.41 feet; thence along the
arc of a 130 foot radius curve to the right a distance of
68.07 feet, the long chgrd of which bears N 150 00' 29" W
67.29 feet. thence N 00 00' 29" W 135.09 feet to a point
on the "forth line of said Lot 8; thence along said North
line S 890 26' 57" E 60.00 feet to the point of beginning,
containing 13,473 square feet.
also known as street and number
with all its appurtenances, and warrant(x) the title to the same, subject to
Signed this 17th
STATE OF COLORADO,
County of Larimer
day of
July' r-19 86.
71
Vincens� E Shryack
Marlene Hull Shryack
- ----- ----- -------------------------- --
ss.
The foregoing instrument was acknowledged before me this 17th
day of July 11986 ,by Vincent E. Shryack and Marlene Hull Shryack.
My commission expires January 20, 1990
Witness my hand and official seal.
t
I ' Notary Public
it
I
NO. 897. Warranty Deed —Short Form - Bradford Publishing Co IS165 Wes[ 44th Avenue, Golden, Colorado 80401 — (303) 278-0644-4-80
8. TERM. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for
a period of 30 years after these covenants have been recorded,
after which time they shall be automatically extended for succes-
sive periods of 10 years, unless an instrument in writing, signed
by a majority of the then record owners of said lots has been
recorded, agreeing to change said covenants in whole or in part.
9. ENFORCEMENT. Enforcement hereof may be had by proceedings at law
or in equity against any person or persons violating or attempt-
ing to violate any covenants, to enjoin, restrain and abate the
violation and to recover damages.
10. SEVERABILITY. Invalidation of any of these covenants, by judge-
ment or court order shall in no way affect any of the other cove-
nants which shall remain in full force and effect.
11. EASEMENTS. Easements for the installation and maintenance of
utilities, drainage facilities and irrigation water lines, to-
gether with rights of ingress and egress for maintenance, are re-
served and indicated upon the recorded plat. No building or
other structure shall be constructed, erected, or placed upon any
easement thus reserved except fences, which shall in any event be
subject to the rights of the lawful users and owners of such
easements. The area within the street right-of-way between the
property line and sidewalk line, the same being approximately 5
feet in width, shall be left clear of shrubs and trees and is
hereby reserved for gas mains or other utilities and drains to
serve this subdivision.
12. FENCES. No fence or wall shall be erected, placed or altered on
any lot nearer to any street than the minimum building setback
line.
13. TEMPORARY STRUCTURES. No structure of a temporary character,
trailer, basement, tent, shack, garage, barn or other outbuilding
shall be used on any lot at any time as a residence either tem-
porarily or permanently.
14. SIGNS. No sign of any kind shall be displayed to the public view
on any residence lot except one sign of not more than 5 square
feet advertising the property for sale. Signs advertising the
subdivision and signs by contractors and builders of larger
dimensions than that last mentioned advertising for initial sale,
properties they have built, or upon which they propose to build
may be allowed for reasonable temporary periods of time suitable
to the purpose to be served, in the discretion of the Architec-
tural Control Committee.
15. LIVESTOCK AND POULTRY. No animals, livestock or poultry of any
kind shall be raised, kept or bred on any residence lot, except
that dogs, cats or other household pets may be kept provided they
are not kept, bred or maintained for any commercial purpose.
16. OIL AND MINING OPERATIONS. No oil drilling, oil development op- _
erations, oil refining, quarrying or mining operations of any
kind shall be permitted upon or in any lot.
17. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrul:r
planting which obstructs sight lines at elevations between 2 and
6 feet above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street
property lines and a line connecting them at points 25 feet from
the intersection of the street property lines extended. The same
sight line limitations shall apply on any lot within 10 feet from
the intersection of a street property lane with edge of a drive-
way or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the foliage
line is maintained at sufficient height to prevent obstruction of
such sight line.
IN WITN17SS WHEREOF, Dan R. Jensen and Bruce E. Miller hath caused
their names to be herewith subscribed this day of
A.D., 1978.
Bruce Miller
4G�
an R. Jen en
STATE OF COLORADO)
)s.s.
COUNTY OF LARIMER)
Acknowledged before me this day of Qzn1 A.D.,
1978, by Bruce E. Miller and Dan R. Jensen. j,5,}) �•�
otary Publi
My notarial commission expires / i - 7
(AGREEMT.SHR)
AGREEMENT OF SALE AND PURCHASE
THIS AGREEMENT, made and entered into this day of
June, 1986, by and between VINCENT E. SHRYACK and MARLENE HULL
SHRYACK, ("Seller"), and THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation, ("Purchaser");
WITNESSETH:
1. Seller agrees to sell to Purchaser and Purchaser agrees
to purchase that certain real property situate in the County of
Larimer, State of Colorado, more particularly described on
Exhibit "A" attached hereto and by this reference made a part
hereof, together with all improvements and appurtenances but
subject to reservations or restrictions of record, easements and
rights -of -way of record or in place and restrictive covenants.
2. Seller agrees to convey said property to Purchaser at
the time of closing by good and sufficient warranty deed,
conveying fee simple title, free and clear of all liens and
encumbrances. Seller agrees to furnish to Purchaser on or before
June 1.5, 1986, at Purchaser's expense, a commitment for a title
insurance policy in an amount equal to the purchase price,
showing merchantable title, and after closing furnish the title
policy.
3. As the full purchase price therefor, Purchaser agrees
to pay to Seller the purchase price of TEN THOUSAND THREE HUNDRED
($10,300.00) DOLLARS, computed as follows:
Land (Exhibit A)
$ 10,100.00
Temporary Construction Easement
(Exhibit B) $ 200.00
$ 10,300.00
4. Closing of the within transaction shall be held on or
before the 22nd day of July, 1986 at such hour and place as shall
be agreed upon by the parties hereto. At the time of closing,
all taxes and assessments against the property for previous
years, and rents, accrued interest, utilities and insurance shall.
be paid; and in addition, taxes and assessments for the current
year up to date of closing shall be paid by Sel ler.
5. Possession of the premises shall be given to Purchaser
at the time of closing.
(RV60486)
6. Any notices required or desired to be given under this
Agreement shall be deemed delivered if given personally to the
party, or if mailed to the party at the following address:
Seller: 12675 Hillcrest Drive
Longmont
Colorado 80501
Purchaser: City of Fort Collins
P. O. Box 580
Fort Collins, Colorado 80522
Any notices mailed shall be sent by Certified Mail, Return
Receipt Requested, postage prepaid and shall be deemed delivered
three (3) days after deposit in the mails.
7. Time is of the essence hereof. Unless a non -defaulting
party shall elect to treat the contract as being in full force
and effect as hereinafter provided, if any payment or other
condition hereof is not made, tendered or performed by either
Seller or Purchaser as herein provided, then this contract shall
be nut 1 and void and of no effect, and both parties hereto may be
released from all obligations hereunder. In the event of such
default by Purchaser, and Seller elects to treat the contract as
terminated, then all payments made hereunder shall be forfeited
and retained on behalf of the Seller. In the event of such
default by the Seller, and Purchaser elects to treat the contract
as terminated, then al.l payments made hereon shall be returned to
the Purchaser. In the event, however, the non -defaulting party
elects to treat this contract as being in full force and effect,
then nothing shall be construed to prevent its specific
performance. The non -defaulting party shall be entitled to
reasonable attorneys' fees and expenses incurred by said party in
any effort to collect the money due or enforce said party's
rights under this contract.
8. Seller acknowledges and agrees that this Agreement of
Sale and Purchase must be approved by the Council of the City of
Fort Collins. Accordingly, in consideration of One Dollar and
other good and valuable consideration, the adequacy of which is
hereby acknowledged, received by the Seller from the Purchaser,
the Seller agrees that for a period of not more than Sixty (60)
days after execution of this Agreement by Seller, this Agreement
shall constitute Seller's irrevocable offer to sell_ the property
2
described herein to the Purchaser in accordance with the terms
and conditions set forth in this Agreement. In the event this
Agreement is not approved by the Council of the City of Fort
Collins within the aforementioned Sixty (60) days, it shall be
null and void and of no further force and effect.
9. This Agreement shall be binding upon the parties
hereto, their heirs, personal representatives, successors and
assigns.
10. Whenever used herein, the singular shall include the
plural, and the plural shall include the singular; and the use of
any gender shall be applicable to all genders.
11. The within contract shall not be assigned without the
other party's prior written consent.
12. The parties hereto agree that neither has made or
authorized any agreement. with respect to the subject matter of
this instrument other than expressly set forth herein, and no
oral. representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its
agents or employees, hereto.
IN WITNESS WHEREOF, the parties hereto have signed this
Agreement the day and year first above written.
Vincent Shryack /
',-Marlene Hull Shryack /
CITY OF FORT COLLINS, COLORADO
ATTEST: A Muni pal Corpo tion
140100bl�► _ By : C
City Cl rk City Manager
APPRO /1,D. �AS TO FORM:
Wes`
City Attorney
3
STATE OF COLORADO )
•-A� 4-- : s s
COUNTY OF hhRlttElt )
The above and foregoing Agreement of Sale and Purchase was
acknowledged before me this 17 day of 1986 by Vincent E.
Shryack and Marlene Hull Shryack.
WITNESS my hand and official seal.
My commission expires: �- ,-7�
Notary �-11 c
�. 0. e I A -I-.') C4 ( -o-4 10 U
Address of Notary Public
This Agreement and any deed or other grant received pursuant
hereto is approved and accepted by the Council of the City of
Fort Collins, Colorado, this ;S day of l f 1986.
Mayor
ATTEST:
I Mat"
�_Ak �1 .
k' F P, I , --, M150. —,M-
L is, law
4
VINCENT R. SHRYACR AND HARLPNR IIULI. SURYACR, GRANTORS
CITY OF FORT COLLINS, COLORADO, GRANTEE
EXHIBIT A
A part of Lot B of Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th P.N., County
of Larimer, State of Colorado being more particularly described as
follows:
Begin at the Northeast corner of said Lot a and runs thence
along the East line of said Lot tl and also along the West
line of Cedar Village Fourth Filing and Silverplume Estates
S 00" 00' 29" E 289.70 feet; thence S 89" 59' 31" W 10.00
feet; thence N 00" 00' 29" W 15.00 feet; thence along the
arc of a 70 foot radius curve to the left a distance of 36.65
feet, the long chord of which bears N 15" 00' 29" W 36.23
feet; thence tl 3011 00' 29" W 46.41 feet; thence along tice
arc of a 130 foul: radices curve to the right a distance of
6I1.U1 feet, the lon(l chord of which bears ll 15" 00''29" W
61.29 feet; thence N 000 00' 29" W 135.09 feet to a point
on the North line of said Lot B; thence along said North
line S 89' 26' 57" E 60.00 feet to the point of beginning,
containing 13,473 square feet.
VINCENT R. SHRYACK AND MARLENE HULL SHRYACK, GRANTORS
CITY OF FORT COLLINS, COLORADO, GRANTER
EXHIBIT B
1EMPORARY EASEMENT
A part of Lot a Subdivision of a part of West 1/2 of Northwest 1/4
of Section 27, Township 7 North, Range 69 West of the 6th P.M., County
of Larimer, State of Colorado being more particuarly described as
follows:
[Begin at a point on the East line of said Lot 8 which bears
S 000 00' 29" E 289.70 feet from the Northeast corner of
said Lot 11, and runs thence along said East line S 00' 00'
29" F 30.00 feet; thence S 89" 59' 31" W 40.00 feet; thence
II 00" 00' 29" W 45.00 feet; thence along the arc of a 40.00
foot radius curve to the left, a distance of 20.94 feet, the
long chord of which bears N 15" 00' 29" 14 20.71 feet; thence
N 30" 00' 29" W 46.41 feet; thence along the arc of a 160.00
foot: radius curve to the right a distance of 83.711 feet, the
Bona chord of which bears N no 00' 29" W 82.82 feet; thence
II 00" 00' 29" W 115.39 feet; thence N 89' 26' 57" W 203.00
feet; thence N 00" 00' 29" W 20.00 feet to the Ilorth line
of said Lot 8; thence along said North line S 89° 26' 57" E
233.00 feet; thence S 00" 00' 29" E 135.09 feet; thence along
the arc of a 130 foot radius curve to the left, a distance
of 68.07 feet, the long chord of which bears S 150 00' 29" E
67.29 feet; thence S 30" 00' 29" E 46.41 feet; thence along
the arc of a 70 foot radius curve to the right a distance of
36.65 feet, the long chord of which bears S 15' 00' 29" E
36.23 feet; thence S 00" 00' 29" E 15.00 feet; thence FI 89"
59' 31" E 10.00 feet to the point of beginning, containing
14,301 square feet more or less.
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IN
DECLARATION OF PROTECTIVE COVENANTS
FOR
CEDAR VILLAGE, FOURTH FILING
KNOW ALL MEN BY THESE PRESENTS: That Bruce E. Miller and Dan P.
Jensen, the owners in fee simple of all lands in CEDAR VILLAGE, FOURTH
FILING do hereby establish these Protective Covenants for the benefit
and protection of said CEDAR VILLAGE, FOURTH FILING and of the under-
signed, and of each and every person hereinafter acquiring ownership
of land herein.
1. LAND USE AND BUILDING TYPE. No building shall be erected, placed,
altered or maintained on any lot other than single family resi-
dences and such accessory buildings as may be required for ordi-
nary residential use with such residence by a single family.
2. ARCHITECTURAL CONTROL. No buildings shall be erected, placed,
changed or altered on any lot until the construction plans and
specifications and a plan showing the location of the principal
building or residence, and all accessory buildings and all inci-
dental improvements have been submitted to and approved by the
Architectural Control Committee as to quality of workmanship and
materials required, harmony of height and external design with
existing and planned structures, and loation of improvements with
respect to lot lines, topography and finish grade elevations.
3. DWELLING QUALITY AND SIZE. All improvements shall be constructed
of good and suitable materials of first class workmanship. The
ground floor area of the main structure, exclusive of open porches
and garages shall not be less than 700 square feet.
4. BUILDING LOCATION. No residential building shall be located on
any lot nearer than 20 feet to the front line or nearer than 15
feet to any side street line and no building shall be located
nearer than 5 feet to an interior lot line. For the purpose here-
of, eaves, steps, uncovered porches, or patios shall not be con-
sidered as part of a building, provided, however, that this shall
not be construed to permit any portion of a building on a lot to
encroach on another lot.
5. LOT AREA. No residence shall be on a lot or on parts of lots
having an area of less than 6000 square feet.
6. NUISANCES. No noxious or offensive activity shall be carried on
upon any lot, nor shall anything be done upon any residence which
may be or may become an annoyance or nuisance to the neighbor-
hood.
7. ARCHITECTURAL CONTROL COMMITTEE. The Architectural Control
Committee consists of three members, namely, Bruce E. Miller,
Charles L. Hoburg and Dan R. Jensen, all of Fort Collins,
Colorado; and the decision of any two members of said Committee
shall determine all questions as to the conduct of said Committee.
In the event of the death or resignation of any members of the
Committee, the remaining members sjiall have full authority to >
appoint a successor. No Committee member shall be entitled to
compensation for services rendered pursuant to these covenants.
The Committee's approval or disapproval of plans and specifica-
tions, as required by these covenants, shall be in writing. In
the event that such approval or disapproval be not made within 30
days after plans and specifications have been submitted to the
Committee, or in any event, if no suit to enjoin construction has
been commenced prior to the completion of the improvements, ap-
proval will not be required and the related covenants shall be
deemed to have been fully complied with.