Loading...
HomeMy WebLinkAbout8376rF � ' � J RESOLUTION NO. 8376 A RESOLUTION APPROVING A CONSENT TO AN AMENDMENT TO DECLARATIONS RELATING TO NORTH PUEBLO COMMERCIAL PARK FILING NOS. 3, 4 AND 5 AND AUTHORIZING THE PRESIDENT OF THE PUEBLO CITY COUNCIL TO EXECUTE SAME WHEREAS, the owners of Lots within North Pueblo Commercial Park Filing Nos. 3, 4 and 5 previously entered into a certain Declaration of Covenants Concerning Drainage and Detention Easements (the "Declaration ") and are desirous of amending the Declarations to transfer the responsibility for the maintenance and repair of detention facilities and improvements from the owners of Lot 5, Block 1, North Pueblo Commercial Park, Filing No. 3 to Lot 1, North Pueblo Commercial Park Filing No. 5; and WHEREAS, the City is willing to consent to such amendment without however releasing or discharging any of the City's rights, claims or remedies with respect to the maintenance and repair of the detention facilities and improvements, or the obligation or responsibility of any other party arising out of other agreements between such parties and the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Consent By City to the Amendment To Declarations, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Consent By City in the name of the City. SECTION 2 This Resolution shall become effective immediately upon final passage. INTRODUCED: March 23, 1998 By Dr. Bill Sova Councilperson ATTEST: City Cler : ":• eat� ��, 24!cc President of th ity Co6ncil MAR - - 98 FR I 8:31 BAKER BROWN 1'HCK` PSON FAX NO. 8087920894 P.03 AMENDMENT TO DECLARATIONS This Amendment to Declarations (the '"Amendment ") is executed as of the 23rd day of March , 1998, by PORTAL DRIVE ASSOCIATES, L.1_..C., a Texas limited liability company C Paatal "), EAGLERtDGE ASSOCIATES, L.L.C., a Texas limited liability company doing business in Colorado as PUEBLO EAGLERIDG>{, ASSOCIATES, L.L.C. ( "Eagleridge ), DILLON DRIVE ASSOCIATES, L.L.C., a Texas limited liability company ( "Dillon Drive "), HOME DEPOT U.S.A., INC., a Delaware corporation ( "Home Depot"), and PRICINO XII, L.P., a limited partnership ( "Pricino "). Portal, Eagleridge, Dillon Drive, Home Depot and Pricino are hereinafter sometimes individually referred to as a "party" and collectively referred to as the "parties." PREAMBLE This Amendment is executed with reference to the following facts, intentions and understandings: A. Portal and Home Depot executed a Declaration of Covenants Concerning Drainage and Detention Easements, a Private Sanitary Sewer Easements and Private Access Read Easements for North Pueblo Commercial Park Filing No. 3 (the "First Claratiou "), the First Dcclara6oa Wing dated as of August 28, 1996 and being recorded in Book 2925, Page 352, in the office of the County Clerk and Recorder of Pueblo County, Colorado. B. Portal. Eaaleridae and YELLOW FREIGHT SYSTEM, INC., an Indiana corporation ("Yellow Freight") executed a Declaration of Covenants Concc" Drainage and Detention Easements, Private. S -nary Sewer Easements and Private Access Read Easeineuts for North Pueblo Conunercial Park Filing No. 4 (the "Second Declaration"), the Second Declaration being dated as of January 31, 1997 and being recorded in Book 2969, Page 217, in the office of the County Clerk and Recorder of Pueblo County, Colorado. .n&vwWv wnrvwW ED &W b� MAR -20 -98 FRI 8 :33 BAKER BROWN 1'HOMPSON FAX NO. 8067920804 P. U4 C. Portal and Eagleridge executed a Declaration of Covenants Concerning Drainage and Detention Easements, Private Water Easements, Pnvate Sanitary Sewer Easements and Private Ingress and Egress Easements for North Pueblo Commercial Park Filing No_ 5 (the "Third Declaration "), the Third Declaration being dated as of November 21, 1997 and being recorded in Book 3058, Page 664 in the office of the County Clerk and Recorder of Pueblo County, Colorado. D. The First Declaration, Second Declaration and Third Declaration are hereinafter sometimes individually referred to as a "Declaration" and collectively referred to as the "Declarations ". Reference is here made to the Declarations for all purposes. Unless otherwise indicated, capitalized terms used in this Agreement shrill have the meaning given to them in the Declarations. E. Paragraph 2.B. of each of the Declarations provides, in pertinent part, that die owner of Lot 5, Block 1, North Pueblo Commercial Park Filing No. 3, City of Pueblo, Pueblo County, Colorado ( "Lot 5 ") shall be responsible for the maintenance and repair of all storm water drainage structures, detention facilities and improvements (the "Drainage Facilities') located on the Detention Easement. The Detention Easement is described as the "Easement Tract" in that certain Storm Drainage Detention Basin Easement executed by Portal, dated as of August 28, 1996 and recorded in Book 2925, Page 358, in the office of the County Clerk and Recorder of Pueblo County, Colorado, reference to which instrument is here made for all purposes, and is located on Tract A, North Pueblo Commercial Park Filing No. 5, City of Pueblo, Pueblo county, Colorado {"Tract A "). F. The parties, severally as shown of record in the office of the County Clerk and Recorder of Pueblo County, Colorado and not jointly, are the owners of all of the property subject to the Declarations (the "Property). The parties desire to amend the .Declarations to provide that the owner of Lot 1, North Pueblo Commercial Park Filing No. 5, City of Pueblo, Pueblo County, Colorado ( "Lot V) shall be responsible for the maintenance and repair of the drainage facilities. AGREEMENT For a valuable consideration, the parties agree as follows: Paragraph 23. of each of the Declarations is hereby amended to provide that the owner of Lot 1 shall be responsible for the maintenance and repair of the Drainage -2- MAR -20 -98 FRI 8 :34 BAKER BROWN THOMPSON FAX NO. 8067920894 P.05 Facilities located on the Detention Easement, and to relieve the owner of Lot 5 from any obligation to maintain the same. As so amended, the Declarations are ratified by the parties and declared to be in full force and effect. 2. The provisions of this Amendment shall run with the land and shall be binding on the parties and all persons now or hereafter acquiring any interest in the Property. In the event any person should be required to commence any legal action in order to enforce any of the obligations of the parties hereunder, the prevailing party in such legal action shall be entitled to recover from the other party or parties all reasonable attorney's fees, court costs and other expenses incurred in any such action. EXECUTED as of the day and date first above written, [SIGNATURE PAGES ATTACHED] .3- MAR -20 -98 FRI 8 :38 BAKER. BROWN THOHM FAX NO. 8067920894 P.11 CONSENT BY CITY The City of Pueblo, a Municipal Corporation (the "City "), by its signature below, hereby consents to the transfer of responsibility for the maintenance and repair of the Drainage Facilities located on the Detention Easement from the owners of Lot 5 to the owners of Lot 1, without however, in any manner, releasing, waiving or discharging any of the City's rights, claims or remedies with respect to the maintenance and repair of the Drainage Facilities, or the obligation or responsibility of any party other than the owners of Lot 5 to maintain and repair the Drainage Facilities, which rights and obligation exist and arise under and by virtue of the following documents: (a) Addendum to Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 3 recorded in Book 2925 at Page 347; (b) Addendum to Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 4 recorded in Book 2969 at Page 213; and, (c) Addendum to Subdivision Improvements Agreement for North Pueblo Commercial Park Filing No. 5 recorded in Book 3058 at Page 659, The terms "Lot 5 ", "Lot 1 ", "Drainage Facilities ", and "Detention Easement " shall have the satire meaning given to them in the foregoing Amendment To Declaration. EXECUTED the 23 rd day of March, 1998. CITY OF PUEBLO, a Municipal Corporation By. c4n��, Preside of the City Council THE STATE OF COLORADO § COUNTY OF PUEBLO § The foregoing instrument was acknowledged before me on the 23rd day of March, 1998, by Cat es_ _A. Garc , President of the City Council of the CITY OF PUEBLO, a Municipal Corporation, on behalf of said Municipal Corporation. otary Public, State of Colorado Printed Name: Lorene M S.gnti steyan Commission Expires: 8 - 91 - 99 N