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