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Home My WebLink AboutRIVERSIDE PARK 126 HEMLOCK STREET - Filed OA-OTHER AGREEMENTS - 2012-01-31B 2 2 4 3 P1753 'os✓ 534978 COUNTY OF LARIMER M3 NOV — i AN 10- 18 `"TATE OF COLORADO NOTICE Please take notice that on September 26, 1983, the Planning and Zoning Board of the City of Fort Collins, Colorado, approved the Final Site Plan of the planned unit development known as Simpson PUD, which development was submitted and processed in accordance with Section 118-83 of the Code of the City of Fort Collins. The Site Plan of the subject property together with the development agreement dated September 15, 1983, 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 sub- ject property, are on file in the office of the Clerk of the City of Fort Collins. The subject property is more particularly described as follows: A tract of land which is a part of the Riverside Park Sub-- ^� division and a part of the Southeast k of Secti,cn 2, Town- ship 7 Ncrth, Range 69 West of the 6th P..%L , which ccnsi_ daring the East line of said Southeast Is as bearing North and -with all bearings contained herein being relative thereto, is contained within the boun8siy lines which begins at a pit which bears South 869.80 feet, and again West 250.00 feet fran the East h Cbrner of said Section 2, and run thence West 220.00 feet, thence N 000 32' W 254.01 .feet, thence East 237.64 feet, thence South-208.50 feet, thence West 20.00 feet, thence South 45.50 feet to the 43 point of beginning. r= Off -site easements required for utilities to serve this planned unit development are recorded with the Larimer County Clerk and Recorder. ' 9 ■ ljg�taryl_ anning a o in oar ty of Fort Collins Dated: - 5.2243 P 1 75534979 1983NOV -I AN I0: Is err COUNTY OF LARIMER *ATE OF COLORADO SITE AND LANDSCAPE COVENANTS FOR Situate in the P.M. City of Fort Collins�ty of Larimer, State of Colorado The undersigned, fee owner of Property) located in the City of Fort son CollinsmpCounty of La rimer,DState(The of Colorado, does hereby make the following declarations as limitations, fies that these declarations shall restrictions and uses to which the Property may be put, and hereby speci- constitute covenants to run with all of the Property and shall be binding on all parties and all persons under them, and for the benefit of and limitations on all future sownersiof all or part of the Property, this declaration being signed for the purpose Of guaranteeing that the Property will be developed and landscaped ini- tially and (,apt in desirable condition in the future as herein specified. "Owner" shall include the signator to this document and all successors or assigns of said signator. The landscape improvements, 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 Collins and on record therewith shall be made an(i 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 for 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 Property, or its assigns 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 space areas and all areas otherwise 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 regard 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 commence within twenty (20) days to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right (1) to obtain, in the District 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 and the owner shall pay_ or cause to be paid to the City of Fort Collins such 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. The sum due and unpaid shall accrue interest at the statutory rate for judgements from the date that such sum is due. If said 82243 P1759 M en billing is not paid, then the City of Fort Collins pursuant to the author- ity granted by these covenants, 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 vided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within the Property, if applicable. The City of Fort Collins shall be entitled to all rights of foreclosure or other remedies existin en- forcement of liens against realg Pursuant to Colorado law for without waiving any other rights tmayanha e property also, at its discretion, directly with legal action against the owner, its passigns or ursuant tlaw, proceed 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 Simpson P.U.D." which real property shall include the property subject to these Covenants. DATED this j day of ZATTST: Secretary STATE OF COLORADO ) COUNTY OF LARIMER ) ss 19,& Owner By T i t e ;,, ! 7 The foregoing nstrume t as ackn wledged before me this Q 19�/� by a s �_�L day o f as Secretar o and h1y Commission expires: Witness ,ny hand and official seal. L J l i c -� -2- f