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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, DPW 101 02/03/04 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. DPW 101 02/03/04 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 DPW 101 02/03/04 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. DPW101 02/03/04 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 DPW 101 02/03/04 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 DPW 101 02/03/04 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 DPW 112 02/06/02 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 DPW 112 02/06/02 �,; 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. DPW 105 02/05/02 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 02/05/02 i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1557404 of 5 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. DPW 105 3 02/05/02 7. Applicable Law IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 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 DPW 105 4 02/05/02 Reception 1557405 03/25/2004 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 -0 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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