HomeMy WebLinkAbout06959Reception 1557399
03/25/2004
ORDINANCE NO. 6959
AN ORDINANCE APPROVING THE
PLAT OF ANTELOPE TRAIL
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Antelope Trail, being a subdivision of land legally described as:
A parcel of land located within the Southwest one - quarter of Section 9, Township 21
South, Range 65 West, of the 6th Principal Meridian, County of Pueblo, State of
Colorado, being described as Lots 6 thru 10 and Lots 16 through 20, Block 7, Lots 6
through 10, Block 8, Lots 1 and 11, Block 10, Lots 1 and 11, Block 11, and
Lot 1, Block 12, a portion of vacated Chicago Avenue and a portion of Vacated Wabash
Avenue, all within Shull's Subdivision, as recorded July 14, 1887, said County of Pueblo
records, and being more particularly described as follows.
Beginning at a point at the Southeast corner of Lot 10, Block 8, said Shull's Subdivision,
from which the Southeast corner of the Southwest one - quarter of said Section 9 bears S
70 31' 51" E, a distance of 341.15 feet; thence along the South line of Parcel "B ", Lot
Line Rearrangement No. 87, according to the recorded plat thereof filed for record on
September 20, 1988, in Book 2413 at Page 769.
N 89° 48' 31" E. a distance of 58.84 feet, to a point on the Northerly right of way line of
Colorado State Highway No. 78;
Thence along said Northerly right of way line, S 52 33' 53" W. a distance of 170.98
feet, to a point on the South line of the Southwest % of said Section 9, from which the
Southeast corner of the Southwest % bears S 88 34' 08" E. a distance of 398.70 feet;
Thence along said South line, N 88° 34' 08" W, a distance of 2256.82 feet, to the
Southwest corner of said Section 9;
Thence along the West line of the Southwest % of said Section 9, N 00 56' 21" E, a
distance of 44.83 feet;
Thence along the South line of Lots 10 and 20, Block 5, said Shull's Subdivision and the
South line of Regency Ridge Subdivision, 10 Filing, according to the recorded plat
thereof, filed for record on February 23, 2001 at Reception No. 1370809, County of
Pueblo records, N 89 58' 38" E, a distance of 1377.13 feet to the Southeast corner of
said Lot 10, Block 7, Shull's Subdivision;
Thence along the East line of said Regency Ridge Subdivision, 10 Filing, N 00
W a distance of 625.40 feet, to the Northwest comer of said Lot 6, Block 7, Shull's
Subdivision;
Thence N 89 46' 59" E, along the along the southerly line of Regency Ridge
Subdivision, 8 th Filing, according to the recorded plat thereof, filed for record on
February 7, 2000 at Reception No. 1319198, County of Pueblo records, a distance of
593.08 feet to a point at the Northeast corner of Lot 16, Block 7, said Shull's Subdivision
said point also being on the Southerly line of Traditions, A Special Area Plan, according
to the recorded plat thereof, filed for record September 12, 2000, at Reception No.
1349626, County of Pueblo Records; thence along said Southerly line,
N 89° 46' 59" E, a distance of 362.95 feet, to a point at the Northeast corner of Lot 6,
Block 8, said Shull's Subdivision; thence along the Easterly line of Lots 6 thru 10, said
Block 8 S 00 01' 51" W, a distance of 627.02 feet to the Point of Beginning of this
description.
Said parcel contains 17.72 acres, more or less.
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 conditions:
1) The developer provide cash in lieu for the park land dedication for this
subdivision as per 12- 4 -7(e), of the Pueblo Municipal Code; and
2) The developer provides, at the time of submittal of the public improvement plans,
a design for the intersection of Jones (Sedona) and State Highway 78. These
plans must be approved by the Director of the Department of Transportation.
Should the intersection design require any changes to the right -of -way or lot on
the plat, the revised plat will have to be resubmitted to the Planning and Zoning
Commission for approval.
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,
in
public sites, parks and open spaces have been constructed and installed
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 4.
Neither the adoption of this ordinance nor 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 with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, (b) and the
condition set forth in Section 2 is met and complied with, and (c) 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
Pueblo Municipal Code, 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 becomes effective.
� 4:o INTRODUCED: February 10, 2003
Q �
BY: Al Gurule
� ►�,j a COUNCILPERSO
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED .
ITY CLERK
PASSED AND APPROVED: February 24, 2003
ED
Background Paper for Proposed
ORDINANCE
AGENDA ITEM #
DATE: FEBRUARY 10, 2003
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORIGLYNIS A. JORDAN, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF ANTELOPE TRAIL
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
constructing twenty -nine (29) single - family patio style homes on a private street?
RECOMMENDATION
The Planning and Zoning Commission voted 7 -0 to recommend approval with the
following conditions:
1) The developer provide cash in lieu for the park land dedication for this
subdivision as per 12- 4 -7(e), of the Pueblo Municipal Code; and
2) The developer provides, at the time of submittal of the public improvement
plans, a design for the intersection of Jones (Sedona) and State Highway
78. These plans must be approved by the Director of the Department of
Transportation. Should the intersection design require any changes to the
right -of -way or lot on the plat, the revised plat will have to be resubmitted to
the Planning and Zoning Commission for approval.
BACKGROUND
The applicant is proposing to subdivide the 5.22 acre parcel into 29 residential
lots for the purpose of constructing patio homes on a private street system.
FINANCIAL IMPACT
None
Reception 1557401
03/25/2004
SUBDIVISION IMPROVEMENTS AGREEMENT
i
THIS AGREEMENT is made on February 18 , 2004 , between the
CITY OF PUEBLO, a Municipal Corporation ( "City"), and Ridge ate at Pueblo, L.L.C. ,
a Colorado Limited Liabilitv Comvanv
( "Subdivider ").
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
Antelope Trail. A Special Area Plan
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code; and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements "); and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit `B" and show on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ").
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements.
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. 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,
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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 ".
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 Improve-
ments 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.
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6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the tetras 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
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be 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
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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
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
or encumbrance 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 arising out of this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable
expert witness and attorney's fees. Venue for any such litigation shall be Pueblo
County, Colorado.
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14. City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to described or to include, for any
reason, any Required Public Improvement described and set forth in Chapter 4,
Title XII of the Pueblo Municipal Code and the standards and specifications
approved by City Council ( "Omitted Public Improvement "), Subdivider shall not
be released or discharged from Subdivider's obligation to construct and install the
Omitted Public Improvement in the time and manner contained in this Agreement
and Chapter 4, Title XU of the Pueblo Municipal Code.
15. All Required Public Improvements shall be constructed and installed in compli-
ance with all applicable standards and specifications approved by City Council.
16. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
17. 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.
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
Subdivider
(SEAL)
Ri dgegate at Pueblo, L.L.C., a Colorad L Liability
Company
By: /Ow X)w
By:
The foregoing instrument was acknowledged before me on February 2z ,
2004 by Roger H. Fonda, General Partner-of Ridgegate at Pueblo, L.L.0 - . a
Colorado Limited Liability Company, Subdivider.
My commission expires:
Notary Public
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ATTtN t :
CITY OF PU LO, a Municipal Corporation
By: zz-u�� zr-'-QL
Presi nt of City Council
City rk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 2nd day of
March 2004 by Randy Thurston as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
���•1E M. 6
ess my hand and official seal.
' Tq '•.
9 1::o
expires: 8-21-2007 &C
Notary Public
AS TO FORM:
City Attorney
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Reception 1557402
03/25/2004
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the l ! >
ZOa4 Subdivision Improvements Agreement for Antelope Trail, A Special Are Plan
(herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements
A
I. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
2. The Subdivider shall construct and install all Required Public Improvements in the
manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and approval
thereof by the Director of Public Works, the City will release the lots in that Phase from the
Subdivision Improvements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph I above without the prior written approval of the Director of Public Works
( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendum and City may thereafter refuse to approve the issuance of building pennits for
constriction within the Subdivision. No modifications to the phasing sequence set forth in the
attached Exhibit "A" shall be considered by the Director until the Subdivider's engineer certifies
in writing that the requested modifications will not result in any lot in the Subdivision being
inadequately served by required public improvements.
6. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall nm with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado, as of ;�, �X , ZZ5y
Ridgegate at Pueblo, L.L.C., a Colorado!
Liability Compan )Subdivider
By: Roger H Fon General Manager
By:
DPW 103
August 1, 2002
r
COUNTY OF PUEBLO )
The foregoing instru >n me n n ( t s acknowledged before me this �3 day of
by Roger H, Fonda, General Manager
qUbVj#,of Ridgegate at Pueblo, LLC, A Colorado Limited Liability
Company, Subdivider. '1��
Witness my hand and official seal
4 {
My commission expires:
[SEAL]
V,t
Z
is
CITY OF PUEBLO,
A Municipal Corporation
DPW 103
August 1, 2002
By:
President of ity Council
2
s
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following
sequence:
Phase I
Lots 1 through 29 and Parcels "A" through "D" including also that portion of
Siena Drive from Highway 78 to Manor Ridge Drive.
Phase II
Siena Drive from Manor Ridge Drive to the West line of Section 9, Township 21
South, Range 65 West of the 6 th Principal Meridian.
I
of 4
IIIIII IIIII IIIIII IIIII IIIIII IIIII VIII III IIIII IIII IIII 1557402
ChrisC.Munoa PuabloCtyClk6Rac ADD AG R 21.00 D 0.00
59A
Reception 1557403
03/25/2004
ADDENDUM
WHEREAS, the undersigned Declarant is the owner of all real property located
within Antelope Trail a Special Area Plan (the
"Special Area Plan "), and
WHEREAS, Declarant has or intends to record a declaration or other instrument
creating a common interest community pursuant to the Colorado Common Interest
Ownership Act for the real property within the Special Area Plan (the 'Declaration "), and
WHEREAS, the Declaration is entitled " Ridgegate at Pueblo, L.L. C. , a
Colorado Limited Liability Company ",and
WHEREAS, the Declaration provides that an associates or unit owners'
association is or shall be organized under Section 38- 33.3 -301, C.R.S. (the
"Association "), and
WHEREAS, the City of Pueblo requires as a condition of the approval of the
Special Area Plan that the Declarant clarify the duties and obligations of the unit owners
and the Association with respect to public improvement and/or common area
improvements within the Special Area Plan, the maintenance, repair and replacement of
which the City will not undertake or be responsible for.
NOW, THEREFORE, in consideration of the foregoing and City of Pueblo's
approval of the Special Area Plan, Declarant hereby amends the Declaration by the
addition of the following covenant which shall be incorporated in the Declaration and
made a part thereof:
Association shall be responsible for the maintenance, repair, and replacement of
all drainage structures or facilities, and all other public improvements required by
the City of Pueblo as a condition of the approval and development of the Special
Area Plan or any part thereof ("Public Improvements ") as well as all common
area and common area improvements shown on the plat of the Special Area Plan
or any part thereof or described in the Declaration ( "Common Area
Improvements "), except those Public Improvements which have been dedicated to
and accepted in writing by the City of Pueblo for the purpose of maintenance,
repair, or replacement. If the Public Improvements and /or Common Area
Improvements are not properly maintained, repaired, or replaced by the
Association, the City of Pueblo may, but shall have no obligation to (a) institute
legal proceedings in its name against the Association and/or owners of real
property within the Special Area Plan in the Pueblo County District Court to
specifically require the Association and/or owners of real propem within the
Special Area Plan to maintain. repair, or replace the Public Improvements and/or
Common Area Improvements and to impose and collect assessments and fees
therefor in accordance with the provisions of the Declaration and the Colorado
Common Interest Ownership .pct; and for such purpose, the Association and all
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owners of real property within the Special Area Plan consent to the jurisdiction of
that Court and the right and standing of the City of Pueblo to institute and proceed
with such legal proceedings, or (b) perform such maintenance, repair, or
replacement as the City of Pueblo in its sole discretion may determine and impose
a lien for all costs thereof incurred by the City of Pueblo plus an administrative
fee of fifteen percent (15 %) upon all the real property located within the Special
Area Plan. City's lien shall have the same priority and may be collected in the
same manner as a lien for assessments pursuant to Section 38- 33.3 -316, C.R.S., or
as same may be amended. Failure of the City of Pueblo to enforce this covenant
shall not subject the City of Pueblo to any liability for such failure. In the event
any action is instituted to enforce this covenant, the Court shall award the
prevailing party its cost and expenses, including reasonable attorney's fees.
This Addendum shall be recorded contemporaneously with the recording of the
Special Area Plan and Declaration and shall be and be construed to be a covenant running
with the land within the Special Area Plan and binding upon Declarant and the owners of
the land within the Special Area Plan, and their respective heirs, personal representatives,
successors, and assigns.
Executed the 7 3 day of February 2004
DECLARANT
Ridgegate at Pueblo, L.L.C. a
Colorado Limited Liability Company
STATE OF Colorado
COUNTY OF Pueblo
Name
i
By
Name: Roger H. Fonda
Title: General Manager
ss.
The foregoing instrument was acknowledged before me this day of
February , 2004 by Roger H. Fonda,
as General Manager of Ridgegate at Pueblo, L.L.C., ._.
A Colorado Limited Liability Comnanv
Witness my hand and official seal.
My Commission Expires:
04:.d
Takwl, Pr
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Reception 1557404
03/25/2004
DECLARATION OF COVENANTS CONCERNING
INGRESS /EGRESS, PARKING, DRAINAGE, PUBLIC UTILITY, PRIVATE
SANITA SEWER & LANDSCAPING EASEMENTS FOR
(type of easement)
ANTELOPE TRAIL, A SPECIAL ARE PLAN
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of February 13 ,
2004 ,by Roger H. Fonda, General Manager of Ridgegate at Pueblo, L.L.C.
a Colorado Limited Liability Company 1 , herein the "Declarant'.
Easement means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in u, outside of the Subdivision, for
landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that
serve or benefit the Subdivision .%9tiIl€I147bK}i��#l¢Cp#
Facilities means and includes rivate roadways, sidewalks, sanitary sewer, water
lines, storm sewer lines and stormwater detention facilities,
located in an Easement and Landscaping located within Parcel "B" & Parcel "C"
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 Antelope Trail, A Special Area Plan 3
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 roperty owners.
2. Describe all improvements, the repair, maintenance, and replacement of which are not the
obligation of the City nor any provider of utility services.
3. Insert name of subdivision.
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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.
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3. Bi ndme Effect
ChrisC.Munoa PuebloCtyC1k6Rac DEC C R 26.00 _ D 0.00
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.
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7. Applicable Law
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Page: 7 of 5
ChrisC.Munoz Pueb I0CtyClk &Rec DEC C R 26 .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.
Declarant
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing iln ent was acknowledged before me this day of
i Roger H. Fonda, General Man ager of Ridgegate
at Pueblo, T Colorado Limited Liability Company
Witness my hand and official seal. ••
My commission expires:
(SEAL)
Ndtary Public
• fia r >.e
0
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EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed and Maintained By Grantor)
THIS EASEMENT, granted the ' "� day of ,l 2000, by /��GY ,��/t7A -, VEr
Grantor, to Pueblo, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its
successors and assigns, a "Temporary" easement and right of way for the purpose of drainage, in, through, over,
under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A"
(the "Property").
Grantor shall maintain existing drainage improvements (the "Facilities ") in the Property in accordance with
plans and specifications thereof approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the
Facilities in good working order and condition, and repair and replace the Facilities. This being a "Temporary"
easement, the above shall pertain until such time this property is subdivided and a new plan is approved and
adopted.
Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and
replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the
Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of
Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the
Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the
privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use
thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located
or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property
and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession
of the Property and easement and right of way against all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement and Right Of Way shall be binding
upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and
Grantee.
SIGNED this C�Ti� day of y 2000
GRANTOR:
COUNTY OF PUEBLO )
) s.s.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this day of 1 2'?1-;t1 2000
by
Witness my hand and official seal.
My commission expires: 7 , V-3
W
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OF cov
EXI HBIT A -
A portion of land located within the Southeast 1/4 of Section 9, Township 21 South, Range 65
West, of the 6th Principal Meridian, Pueblo County, State of Colorado, being more particularly
described as:
That portion of Vacated New York Avenue lying adjacent to Lot 19, Block 26, Columbia
Heights, as recorded May 23, 1888 of the Pueblo County records.
EXHIBIT A
A portion of land located within the Southeast 1/4 of Section 9, Township 21 South, Range 65
West, of the 6th Principal Meridian, Pueblo County, State of Colorado, being more particularly
described as:
That portion of New York Avenue lying East of the West line of the Southeast' /4 of said Section
9 and lying adjacent to Lot 19, Block 26, Columbia Heights, as recorded May 23, 1888 of the
Pueblo County records.
Also all of California Avenue and New York Avenue lying East of the West line of the Southeast
' /4 of said Section 9, North of Northern Avenue, South of Block 26 and North of Block 35 of
said Columbia Heights.
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