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HomeMy WebLinkAbout06839Reception 1456141 08/28/2002 ORDINANCE NO. 6839 AN ORDINANCE APPROVING THE PLAT OF SILVER HAWK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Silver Hawk Subdivision, being a subdivision of land legally described as: All of Lots 1 through 22, both inclusive, Block 1 and vacated Rockdale Court adjacent thereto, as platted in Ridge Gate Filing No. 4, A Special Area Plan, according to the recorded plat thereof, filed for record January 9, 2002. Containing 4.062 acres. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. This ordinance is approved upon the following condition: A $500.00 per dwelling unit fee be required at the time of issuance of each building permit within the Silver Hawk Subdivision. SECTION 3. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaced have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 4. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 5. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the subdivision requirements of the City have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the 1971 Code of Ordinances, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. INTRODUCED: BY: APPROVED: ATTESTED BY: 13. 2002 Al Gurule C NCILPERSON PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: May 28, 2002 Background Paper for Proposed ORDINANCE jt,,� 4t AGENDA ITEM # `] DATE: MAY 13, 2002 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF SILVER HAWK SUBDIVISION ISSUE I said Shall City Council approve a request to subdivide this property into 30 lots on approximately 4 acres for the construction of townhomes in an R -4 zone district? RECOMMENDATION The Planning and Zoning Commission voted 6 -0 to recommend approval subject to staffs recommendations of the plat for Silver Hawk Subdivision. BACKGROUND The applicant is proposing to construct townhomes in an R-4 zone district. Combined with a Special Area Plan, the applicant will build duplexes in which units can be individually sold since the units will be separated by a legal lot line. At the time of the Planning Commission meeting, all concerns of the Subdivision Review Committee had been met. FINANCIAL IMPACT None IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III IIIIII III IIII 14561 0 38A ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 55.00 D 0.00 Reception 1456143 08/28/2002 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on 0 th i. u q4— , 12002 , between the CITY OF PUEBLO, a Municipal Corporation ( "City" , and RIDGEGATE AT PUEBLO, LLC, A Colorado Limited Liabilitv ComDanv ( "Subdivider "). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of SILVER HAWK A SPECIAL AREA PLAN ("Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit `B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". DPW 101 10/21/98 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $456 z433sa ChrisC.Munoz Pueb1oCtyC1k &Rec SUED AG R 50.00 D 0.00 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees DPW 101 2 10/21/98 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 84560 4338A ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 50.00 D 0.00 that no certificate of occupancy shalrbe issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an DPW 101 3 10/21/98 IIIIII VIII IIIIII (IIII IIII IIIIII (VIII III VIII IIII IIII $4560 4338A ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 50.00 D 0.00 alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. DPW 101 4 10/21/98 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 43 14561 38A ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD AG R 50.00 D 0.00 The parties have caused this Agreement to be executed and attested by its duly autlionzed and acting officer. RIDGEGATE AT PUEBLO, LLC, a Colorado Limited Liability Co mpany Subdiv' r (SEAL) By: Rog r H./P Marlager By: The foregoing instrument was acknowledged before me on J N 1.y 0 2k , 20011 ,by Roger H. Fonda, Manager of Ridgegate at Pueblo, LLC ,Subdivider. a Colorado Limited Liability Company µ 8 mmission expires: '? I t tp j '2 o0(,v � G= W'a�stlC.. LAS �� a pTA VC Cs� �.01P-A "* S LI Notary Public of City Council August ) 2002 by Michael Occhiato ,as President of City Council, and Gina Dutcher as City Clerk of the City of �M • SANT/ Colorado. T qA•• ess my hand and official seal. 1VJ }zc mmission expires: 8 -21 -2003 9T F Notary Public A cwmjss od R§Y&0 AS TO FORM: City Atto LO, a Municipal DPW 101 10/21/98 The foregoing instrument was acknowledged before me this day of IIIIII) IIIII IIIII) IIIII IIII IIIIII IIIIII III IIIII IIII IIII 1243 456 38A ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD PG R 50.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT A All of Lots 1 through 22, both inclusive, Block 1 and vacated Rockdale Court adjacent thereto as platted in Ridge Gate, Filing No. 4, A Special Area Plan, according to the recorded plat thereof, filed for record January 9, 2002. Containing 4.062 acres. 11 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 84560 43a8a ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 50.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: PIONEER ROAD SILVER HAWK, A SPECIAL AREA PLAN RIDGEGATE AT PUEBLO, L-C. NORTHSTAR ENGINEERING AND SURVEYING, INC. PAVEMENTS Patch where new curb ret. & cross pan installer & where exist curb ret. & cross pan removed (3" Asphalt on 6" Base) 1W7R 50 SY @ $17.50 /SY = $875 7" Concrete (Cross Pan) 240 SF @ $3.80 /SF = $912 Handicap Ramp (2) 353 SF @ $3.50 /SF = $1,236 Square Pan Radius 196 SF @ $4.25 /SF = $833 4' Attached Sidewalk (4 ") 900 SF @ $2.50 /SF = $2,250 Curb & Gutter in lieu of exist entrance 70 LF @ $10.00 /LF = $700 (4" rolled type to match existing) PIONEER ROAD - TOTAL $6,806 VA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 456143 ChrisC.Munoz PuebloCtyClk&Ree SUBD AG R 50.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: SILVER HAWK, A SPECIAL AREA PLAN DEVELOPER: RIDGEGATE AT PUEBLO, LLC. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SILVER HAWK COURT SANITARY SEWER 8" PVC MAIN 590 LF @ $32.00 /LF = $18,880 48" MANHOLE 2 EA @ $2,202.00 /EA = $4,404 CLEAN OUT 5 EA @ $500.00 /EA = $2,500 SERVICES 30 EA @ $787.00 /EA = $23,610 WATER WATER MAIN 860 LF @ $40.00 /LF = $34,400 FIRE HYDRANT 1 EA @ $2,700.00 /EA = $2,700 SEVICES 30 EA @ $500.00 /EA = $15,000 OUTLOOK BLVD. - TOTAL $101,494 8 SUBDIVISION NAME: DEVELOPER: ENGINEER: EAGLERIDGE BLVD. PAVEMENTS 3" Asphalt over 12" Base Course CONCRETE Curb and Gutter Handicap Ramps (1) 6' Detached Sidewalk (4 ") STREET LIGHT LANDSCAPING IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 845 of 10 Q ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 50.00 0 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SILVER HAWK, A SPECIAL AREA PLAN RIDGEGATE AT PUEBLO, LLC NORTHSTAR ENGINEERING AND SURVEYING, INC. 438 SY @ $22.00 /SY = $9,636 333 LF @ $10.00 /LF = $3,330 176 SF @ $3.50 /SF = $616 3,693 SF @ $2.50 /SF = $9,233 3 EA @ $1,300.00 /EA = $3,900 0.2 AC $16,200.00 /AC $3,240 EAGLERIDGE BLVD. - TOTAL $29,955 9 SUBDIVISION NAME: DEVELOPER: ENGINEER: OUTLOOK BLVD. CONCRETE 6' Detached Sidewalk (4 ") to Landmark Drive STREET LIGHT LANDSCAPING 4,052 SF @ $2.50 /SF = $10,130 4 EA @ $1,300.00 /EA = $5,200 0.2 AC $16,200.00 /AC $3,240 EAGLERIDGE BLVD. - TOTAL $18,570 TOTAL PROJECT $156,824 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: D. HORN FIRM: N AR / E / NG�INEER�ING AN SU VEYING, INC. REVIEWED BY: � �'r7Y T pf1 rOZ CrrY OF PUEBLO im The undersigned hereby certifies that (i) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit price provided by the City of Pueblo. C�. '„ �(P�'.° a �i1 y �' �-'t A ^� Professional Engineer Date ' c . c �•I �7YiZ IIIIII Ilill IIIIII VIII IIII (VIII IIIIII III IIIIII III IIII 1456143 38P ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD AG R 50.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SILVER HAWK, A SPECIAL AREA PLAN RIDGEGATE AT PUEBLO, LLC NORTHSTAR ENGINEERING AND SURVEYING, INC. 10 Reception 1456144 08/28/2002 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT This Addendum shall be incorporated in and become a part of the July 24 (date) 20 Subdivision Improvements Agreement for the Silver Har.,k .—�S:^ al Area P1 nn (name of subdivision) (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. As a condition precedent to the issuance of each building permit to build or construct any building or structure within the Subdivision, the sum of S snn _ on shall be deposited (the "Deposit ") with the Director of Finance for the future completion of outlook Blvd. East of Eagleridge Blvd ( "Improvement "). 2. The Deposit shall be held in an interest - bearing account identified as the outlook Blvd. Account ( "Account "). The Deposit and interest thereon shall be expended solely for the completion of the Improvement within twelve (12) years of the date of the Deposit on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. Deposits not so expended shall be refunded upon application to the record owner of the property for which the Deposit was made. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period following date of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment, together with a copy of the deed to such property showing the applicant to be the current record owner of the property. 3. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. , matEr Lxecuted at Pueblo, Colorado as of F j . -Zero Z A R Colorad AT PUEBLO, A Colorado Limited Li Company � )'T Subdivider PVBL1G �q By - C. p Title: Manager - I1rGo Al" ) SS. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me thi day of tr7'L, by. Roger. H. Fonda _ --- _ - -_ —_ as._- Manag.er._ - -. - -- - - - - -- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 456144 ChrisC.Munoz Pueb1oCtyC1k &Rec ADD AG R 10.00 D 0.00 of Ridgegate at Pueblo LLC A Colorado Limited Li abi 1 i ty Company ' a Subdivider. My commission expires: / 02,1 tt J�F Nr P A 2k LA n 16 Not y Public u F c3• E C o k'c; %O e i CITY OF PUEBLO, a Municipal corporation By President of the City Council Reception 1456145 08/28/2002 DECLARATION OF COVENANTS CONCERNItNG (See Attachment No. One, Item 1) EASEMENTS FOR (type of easement) SILVER HAWK, A SPECIAL AREA PLAN (name of subdivision) THIS DECLARATION OF COVENANTS is made as of August 19 , 2002 by RIDGEGATE AT PUEBLO, LLC, a Limited Liability Company 1700 Fortino Blvd. , Pueblo, CO 81008 ',herein the "Declarant ". DEFINITIONS Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits ( "B ", "C"). Facilities means and includes (See Attachment No. One, Item 2) , located in an Easement. Lot means a lot or other designated parcel of land within the Subdivision other than Easements. Lot Owner means and includes all persons and entities having any right, title or interest in and to a Lot, or any part thereof. Subdivision means the SILVER HAWK, A SPECIAL AREA PLAN Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A ". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. 1. Insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obli of the City nor any provider of utility services. 3. Insert name of subdivision. DPW W5 02/05!02 IN �III IIIIII ��111111111111��t 1456145 389 Chr i I I M noz Pu 3bJ DEC C R 30.00 D 0.00 ChrisC.Munoz PuebloCtyCl k &Rec B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation, maintenance and repair of the Easements and Facilities. NOW THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used subject to the following covenants, conditions, and restrictions: 1. Purpose The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the Facilities shall not subject the City of Pueblo to any liability for such failure. DPW 105 2 02/05/02 IIII IIII IIIIII IIIIII III VIII IIII IIII 1456145 38C o I IIIIII VIII IIIIII i 4Reo DEC C R 30. 00 D 0.00 3. Bindin Effect cn�, :c.n�r+o= P�ebioctvcik Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 3 02/05/02 7. Applicable Law II��IIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIII Pa ge: 4560 45 38L ChrisC.Munoz PuebloCtyC1k &Reo DEC C R 30. 00 D 0.00 This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. eclara COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this day of 'Z0 by Roger H. Fonda Witness my hand and official seal. My commission expires: — 1 MCV-rUfin,\L, t_ ArrE iL) DPW lvj 02/05/02 0 1 •Z Notary Public 4 kV Ca - 2 1 1 EX MN 01- 141001 Nil 14 Page: 5 of 6 ItsIIIIIIII III 30 .00 828/ 0 0010:380 Ch,isC. Muno z Pueb1OCtyC1k &ReC DEC C R hr EXHIBIT A All of Lots 1 through 22, both inclusive, Block 1 and vacated Rockdale Court adjacent thereto as platted in Ridge Gate, Filing No. 4, A Special Area Plan, according to the recorded plat thereof, filed for record January 9, 2002. Containing 4.062 acres. ATTACHMENT NO. ONE Landscape within Eagleridge Blvd. and Outlook Blvd. right -of -way; Street, utility, drainage, ingress and egress within Parcel A Landscape improvements located within Eagleridge Blvd. and Outlook Blvd. adjacent to subdivision boundaries; All street and utility improvements within Parcel A. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 4560 4538E ChrisC.Munoz Pueb1oCtyC1k4Rec DEC C R 30.00 D 0.00 IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 845614' :38A ChrisC.Munoz Pueb1cCtYC1k &Rec ORD R 55.00 D 0.00 S -02-07 PLANNING AND ZONING COMMISSION MEETING MINUTES (APRIL 10, 2002) REGULAR MEETING Silver Hawk Subdivision N. of Eagleridge Blvd. & W. of Pioneer Rd. (Northstar Engineering). Mrs. Green stated staff recommends the applicant 1) In Case S -02 -7 the applicant give $500.00 per dwelling unit fee to be required at the time of the issuance for each building permit within the subdivision, 2) In Case SAP -02 -3 that the area be landscaped per the requirements of the R -4 zone district, including the area between the curb and the sidewalk be landscaped and maintained by a homeowners association. Roger Fonda, 1700 Fortino Blvd., appeared and testified in support of his application and stated he will comply with staff recommendations. No one else testified. Chairperson Depatie made the staff report a part of the hearing and closed the hearing. PLANNING AND ZONING COMMISSION MEETING MINUTES (APRIL 10, 2002) SPECIAL MEETING Silver Hawk Subdivision N. of Eagleridge Blvd. & W. of Pioneer Rd. (Northstar Engineering). Mr. Soldan, seconded by Mr. Gurule, moved to recommend approval subject to staffs recommendations as well as approval of SAP -02 -3. Motion carried 6 -0. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 456140:38A I hris . ec ORD R 55.00 D 0.00 MEMORANDUM ChrisC.Munoz PuabloCty C1k &R TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -02 -7 and SAP -02 -3 SILVER HAWK SUBDIVISION DATE: March 27, 2002 The plat generally meets the subdivision ordinance. The sanitary sewer will be shallower than normal. A note is shown on the plat giving notice that gravity sanitary sewer line may not be possible for dwellings with basements. The developer has submitted a Special Area Plan in order to vary from the minimum lot widths and minimum setbacks. The lot widths are shown on the plat. The minimum front setback proposed is 12'. The minimum rear setback is 15', and the minimum side setback is zero at the common wall and 5' on the opposite wall. This is a re -plat and the park dedication was fulfilled in the earlier filing. There will be an internal private street and private water and sewer mains serving the lots. The private street and utilities will be maintained by a homeowner's association. This subdivision is within the boundaries of the now - defunct Pueblo Project Outlook Metropolitan District, and as such is subject to a "Notice of Default" issued by the City on June 14, 1996. This "Notice of Default" pertains to uncompleted public improvements within the District, including that portion of Outlook Blvd. lying south of Eagleridge Blvd. This section of Outlook Blvd., which will require a major drainage structure, does not lie adjacent to developable land, and therefore will not be installed through the normal development process. The City Council, therefore, has imposed an impact fee consisting of $500 per dwelling unit on previous subdivisions in the area for the eventual completion of this section of Outlook Blvd. These subdivisions are "Two Pines at Outlook Subdivision" and "Hillcrest Subdivision ". Due to the proximity of this proposed subdivision to the needed improvements on Outlook Blvd., the Subdivision Review Committee (SRC) recommends that, as a CONDITION OF APPROVAL of this Subdivision, this same $500 per dwelling unit fee be required at the time of issuance of each building permit within the Subdivision. xc: Ridgegate at Pueblo, LLC 1700 Fortino Blvd. Pueblo, CO 81008 NorthStar Engineering & Surveying, Inc. 111 East 5th St. Pueblo, CO 81002 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 84560 40:38A ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 55.00 D 0.00 City of Pueblo Department of Planning and Community Development S -02 -07 TO: City of Pueblo, Planning and Zoning Commission FROM: Cathy Green, Director of Planning DATE: April 8, 2002 SUBJECT: STAFF SUMMARY OF S -02 -07 SILVER HAWK Existing Zone District: SUBDIVISION, N. OF EAGLERIDGE BLVD. AND W. OF Existing Land Use: PIONEER RD. SYNOPSIS BACKGROUND: Applicant is proposing a to create 30 lots from a parcel of ground which is approximately 4 acres. ISSUES: Staff has found NO significant issues regarding this application: CONCURRENT None REOUESTS: CONCLUSIONS: The Subdivision Review Committee (SRC) recommends that, as a CONDITION OF APPROVAL of this Subdivision, a $500 per dwelling unit fee be required at the time of issuance of each building permit within the Subdivision. GENERAL INFORMA Applicant: Roger Fonda/ Northstar Engineering Owner of Property: Roger Fonda Location of Property: N. of Eagleridge Blvd. and W. of Pioneer Rd. Size of Property: 4.06 Existing Zone District: R -4 Existing Land Use: Undeveloped Request: Approval of Final Subdivision Purpose: Subdivide to allow patio homes Applicable Regulations: Sections 12 -4 -5 & 12 -4 -7 of the Pueblo Municipal Code S-0 0 g and Zoning Commission 1111111111111111111111111111111111111111111111111111111 84560 410:3aA 2 ChrisC.Munoz PUeh1oCtyC1k&Rec ORD R 55.00 D 0.00 ZONING LAND USE, AND NEIGHBORHOOD COMPATIBILITY A. Surrounding Land Uses & Zoning North R -4 undeveloped, and residential South B -3, R -2 residential East B -3 undeveloped and residential West B -3 residential B. Current Land Use According to Comprehensive Plan The 1980 Pueblo Regional Comprehensive Development Plan identifies this area for Urban Residential development. C. Field Observation of Site The site is vacant land surrounding by a mix of vacant parcels and residential D. Neighborhood Compatibility The proposed land use is compatible with the development and approved future developments in the area. OTHER DEPARTMENT COMMENTS Please see attached subdivision review memo for Department Comments and Recommendations ATTACHMENTS A. ZONING /LOCATION MAP B. SITE PHOTOGRAPH C. SITE PLAN D. SUBDIVISION REVIEW COMMITTEE MEMO Planning and Zoning Commissinn S-02-07 5 84560 4 11 10:38A ChrisC.Munaz Pueb10CtyC1k&Rec ORD R 55.00 D 0.00 SIL VER HA WK, A SPECIAL AREA PLAN o o. . I m , .,,, 1.11rc 1np 11913 0 5E, . 1 11.1 WM P 1111 u, 15 12111 A EX /S 1I 5 1E 'Ell 11,7 A Y W 5 1 C ile 20 wV 11 2 2 aw KI 24 ' z 26 2�7 Planning and Zoning Commis: - - s S-02-07 1111111111111111111111111111111111111111111111111111111 845 of 11 A ChrisC.Munoz Pueb1oCtyC1k&Rec ORD R 55.00 D 0.00 I CITY OF PUEBLO I DEPARTMENT OF COMMUNITY DEVELOPMENT CASE: S -02 -07 EXHIBIT: LOCATION /ZONING MAP REQUEST: Final Plat, Silver Hawk Subdivision Planning and Zoning Commission I IIIIII IIIIII III IIIIII III IIII 0a4561 f 1 0: aaa S-OZ-o7 I IIIIII IIIII 11111111111111 1141 92:10 of ! ChrisC.Munoz PuebloCtyC1k &Rec ORD R 55.00 D 0.00 I CITY OF PUEBLO I DEPARTMENT OF COMMUNITY DEVELOPMENT CASE: S -02 -07 EXHIBIT: LOCATION /ZONING MAP I REQUEST: Final Plat, Silver Hawk Subdivision