HomeMy WebLinkAbout05929Reception 1082170
06/02/1995
ORDINANCE NO. 5929
AN ORDINANCE APPROVING THE PLAT OF VAUGHN'S
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The final plat of Vaughn's Subdivision, being a subdivision of
land legally described as follows:
A tract of land located in the W 1/2, SW 1/4 of Section 14,
Township 21 South, Range 65 West of the 6th P.M., County of
Pueblo, State of Colorado
Beginning at the intersection of the East line of Prairie
Avenue, extended, and the Northeasterly line of Pueblo Blvd;
thence North 00 deg. East along said East line, a distance of
133 04 feet; thence North 89 deg. 20 min. East, a distance of
-
544 00 feet; thence South 03 deg. 32 min East, a distance of
462 51 feet, more or less, to a point on said Northeasterly
-
line of Pueblo Blvd.; thence Northwesterly along said North-
easterly line of Pueblo Blvd; to the point of beginning, County
of Pueblo, State of Colorado,
and
a parcel of land in the W 1/2 of the SW 1/4 of Section 14,
Township 21 South, Range 65 West of the 6th P.M., described as
follows:
Commencing at the Southwest corner of the said Section 14;
thence North along the West line of the said Section 14, a
distance of 2117.0 feet to a point; thence East at an angle of
90 deg. to the right, a distance of 33.0 feet to a point on the
East line of Prairie Avenue, extended; thence South 89 deg. 22'
East, a distance of 544.0 feet to the point of beginning of the
herein described parcel of land; thence South 89 deg. 22' East,
a distance of 200.00 feet to the Westerly right-of-way line of
the Minnequa Ditch; thence South 3 deg. 30' East, along the
said Minnequa Ditch right-of-way line, a distance of 552.73
feet to the Northerly right-of-way line of State Highway 45, as
presently located; thence along the Northerly right-of-way of
State Highway 45, the following two courses:
1. along an arc of the curve to the right whose radius is
895.0 feet, a distance of 99.2 feet;
2. North 64 deg. 58' West, a distance of 194.2 feet;
thence North 3 deg. 30' West, parallel to the above described
Minnequa Ditch right-of-way, a distance of 462.51 feet, to the
point of beginning, containing 6.130 acres,
is hereby approved. 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.
The acceptance of such dedicated streets, rights-of-way, util-
ity 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 spaces 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 3.
This ordinance shall become effective immediately upon final
passage and approval.
INTRODUCED December 27, 1994
JOHN CALIFANO
BY
Councilperson
President of the Council
Reception 1082172
0602/1995
SUBD I V I S I ON IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 7th day of
April, of 1995 , by and between the CITY OF PUEBLO, a Municipal
Corporation, hereinafter referred to as "City", and VAUGHN D.
GRAHAM, an individual and David B. Shaw, Trustee of the SHAW REAL
ESTATE TRUST, hereinafter referred to as "Subdivider"
WITNESSETH:
WHEREAS, Subdivider has subdivided or is about to subdivide a
certain tract of land located in the City and legally described as
set forth in Exhibit "A", which is attached hereto and incorporated
herein; and
WHEREAS, the Subdivider, as a condition of approval of the
final plat of VAUGHN'S 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 pursuant to Section 12-4-7(J)
of the 1971 Code of Ordinances of the City to construct and install
certain public improvements as set forth in Exhibit "B", which is
attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971 Code of
ordinances Subdivider is obligated to provide security or
collateral sufficient in the judgment of the City Council to make
reasonable provisions for the construction and completion of the
required public improvements set forth in Exhibit "B".
NOW THEREFORE, in consideration of the following mutual
covenants and agreements, the City and Subdivider agree as follows:
1. Subdivider agrees within one hundred and eighty (180) days
after application 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 is sooner, to construct and install at his
sole cost and expense all of those public improvements set forth in
Exhibit "B", which is attached hereto and incorporated herein.
2. In lieu of installing the required public improvements set
forth in Exhibit "B: within one hundred eighty (180) days,
Subdivider or any subsequent owner of the land or any portion
thereof shall deposit cash or other collateral with the Director of
Finance of the City, 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
for completion of all required improvements by Subdivider or
subsequent owner shall have expired. Such deposit or escrow
agreement shall be hereinafter 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 costs of all
uncompleted improvements required by this section within the block
at the time application for building permit is made. The amount of
the deposit required by this alternative shall be not less than 254
of such estimate plus the costs of extending all required sewer and
water lines from the nearest existing sewer and water lines to the
proposed building site for which a building permit is sought, plus
improvements of a like nature whichever is nearer to the proposed
building site. In any case where the block, as hereinafter
defined, shall exceed one thousand (1,000) 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 improvements in at least one-half of such block, and
the required deposit shall be based upon such decreased estimate,
provided, however, Subdivider shall undertake to provide a
turnaround of at least sixty (60') feet in diameter at the mid-
block point and barricade said streets so that no through traffic
shall be permitted beyond the point to which the estimate of the
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 is sooner, Subdivider shall likewise deposit
an amount not less than the estimate of the Director of Public
Works for all required improvements from existing improvements to
the proposed building site, less any previous deposits made
hereunder upon building sites lying between the most recently
proposed site and existing improvement.
5. The City may treat the amount of such deposit as a debt
due the City from 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 herein are
cumulative and the use of one shall not prohibit the use of
another.
6. Upon payment of each such deposit, the City Director of
Public Works shall release the proposed building site from the
terms of this Agreement.
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 that no certificate of
occupancy shall be issued by the Pueblo Regional Building
Department until a certificate of compliance has been approved and
issued by the City Director of Public Works and duly recorded in
the Office of the Pueblo County Clerk and Recorder which certifies
that those public improvements set forth in Exhibit "B", or that
portion of said improvements as shall be necessary to totally serve
specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered by a
particular certificate of compliance, have been properly designed,
engineered, constructed, and accepted as meeting the specifications
and standards of the City.
These restrictions on the issuance of certificates of
occupancy shall run with the land and shall extend to and be
binding upon the heirs, executors, legal representatives,
successors and assigns of 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, park, and other public
improvements for maintenance by the City. Until such roads and
other park and 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, park and other public improvements and rights of way are the
sole responsibility of the Subdivider or any subsequent owner(s) of
the land within this Subdivision.
9. The required time for completion of all such 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 such
improvements within the required time and the payment of all
inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of Subdivider relating to such improvements
within such block to be released. If said 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
-2-
monies in escrow to be used to complete the same. If sufficient
monies are available at the end of the required time to complete
all such improvements herein required for the entire length of such
block, the Director of Public Works shall cause all collateral or
monies in escrow to be reduced in cash and shall deposit the same
with the Director of Finance and such cash shall be used to
complete that portion of the improvements the Director of Public
Works shall determine. Until all improvements are completed and
approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefor.
10. For purposes of this Agreement, the word "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. 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 any and all 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.
12. It is mutually a9reed that the City or any 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 thereto. 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 A9reemento
13. The parties hereto mutually agree that this A9reement may
be amended from time to time by mutual consent provided that such
amendment be in writin9 and be signed by all parties hereto.
14. This Agreement shall extend to and be binding upon the
successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of Subdivider, and shall be placed on record in the
office of the County Clerk and Recorder Pueblo County, Colorado,
and shall constitute an agreement running with the land until
released as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed and attested by its duly authorized and actin9
officers and the sea] of the Subdivider set hereon.
Subdivider
By Va~9n D G.c~i~idua]
SHAW REAL ESTATE TRUST
Day i d B. Shaw, Trustee
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this ~'~
day of ~.;.A,'J , 199~___, by Vaughn D. Graham, an
~nd~v~dual and David B. Shaw, Trustee of the Shaw Rea] Estate
Trust.
'e~ss~on expires:
Notary Pub] ~c
..... , a Hun~c~pa] CorpoPat~on
-e,~,,.~, President of the Council
· '~' ~'~. ~<o',,~ '
~~~ PUEBLO )
The fore9o~n9 ~nstrument was acknow]ed9ed before me th~s 25~
day of ~y , 199 95 , by ~&st~ ~. ~ea~e~ , as
President of C~y Council, and G~a ~t~e~ as C~y
Clerk of the C~ty of Pueblo, Colorado.
Hy commission expires:
-4-
SUBD I V I S I ON IMPROVEMENT AGREErqENT
EXH I B I T "A"
A tract of land located in the Wl/2 SW1/4 of Section 14, Township
21 South, Range 65 West of the 6th P.M., County of Pueblo, State of
Colorado
BEGINNING at the intersection of the East line of Prairie Avenue,
extended, and the Northeasterly line of Pueblo Blvd.; thence North
O0 deg. East along said East line, a distance of 133.04 feet;
thence North 89 deg. 20 min. East, a distance of 544.00 feet;
thence South 03 deg. 32 min. East, a distance of 462.51 feet, more
or less, to a point on said Northeasterly line of Pueblo Blvd.;
thence Northwesterly along said Northeasterly line of Pueblo Blvd.,
to the POINT OF BEGINNING, County of Pueblo, State of Colorado.
AND
A parcel of land in the W1/2 of the SW1/4 of Section 14, Township
21 South, Range 65 West of the 6th P.M., described as follows:
COMMENCING at the Southwest corner of the said Section 14; thence
North along the West line of the said Section 14, a distance of
2117.0 feet to a point; thence East at an angle of 90 deg. to the
right, a distance of 33.0 feet to a point on the East line of
Prairie Avenue, extended; thence South 89 deg. 22' East, a distance
of 544.0 feet to the point of beginning of the herein described
parcel of land; thence South 89 deg. 22' East, a distance of 200.00
feet to the Westerly right-of-way line of the Minnequa Ditch;
thence South 3 deg. 30' East, along the said Minnequa Ditch right-
of-way line, a distance of 552.73 feet to the Northerly right-of-
way line of State Highway 45, as presently located; thence along
the Northerly right-of-way of State Highway 45, the following two
courses: (1) along an arc of the curve to the right whose radius is
895.0 feet a distance of 99.2 feet; (2) North 64 deg. 58' West, a
distance of 194.2 feet; thence North 3 deg. 30' West, parallel to
the above described Minnequa Ditch right-of-way, a distance of
462.51 feet, to the POINT OF BEGINNING, County of Pueblo, State of
Colorado.
Containing 6.130 acres, total.
8501801.555
-5-
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISIONNAME: VAUGHN'SSUBDIVISION
DEVELOPER: VAUGHN D. GRAHAM AND SHAW REAL ESTATE TRUST
ENGINEER,: KLHENGINEERINGCONSULTANTS, INC.
CURB AND GUTTER
6" STD: 904.29 LF @7.50/LF = $6,782.
CROSS PAN: 240 SF @$3.50/SF = 840.
SIDEWALK
6' CONC: 929 LF @ $12.00/LF = 11,148.
HANDICAP RAMP: 630 SF(3EA) @ $ 3.00/SF = 1,890.
DRIVEWAY CUT: 1EA 30' LONG @ $2000/EA = 2,000.
ASPHALT
SAWCUT EDGE ASPHALT: 930± LF @ $1.50/LF = 1,395.
7" FULL DEPTH PATCH: 1650± SF @ $ 3.00/SF = 4,950.
2" SLOPE PROTECTION 225± SF @ $4.00/SF = 900.
WATER
8" PVC: 869 LF @ $14.00/LF = 12,166.
SERVICES: 4 EA @ $400/EA = 1,600.
PERMANENT BLOW-OFF: 1EA @ $650/EA = 650.
FIRE HYDRANT: 1EA @ $2300/EA = 2,300.
8" GATE VALVE: 1EA @ $600/EA = 600.
SANITARY SEWER
BORE & 16" DIA CASING 135 LF @ $300/LF = 40,500.
8" PVC 0-12' 574 LF @ $19.00/LF = 10,906.
48" MANHOLES 0-12': 2 EA @ $1200/EA = 2,400.
4" SERVICES 3 EA @ $400/EA = 1,200.
BREAK INTO EXIST. MH 1 EA @ $1000./EA = 1,000.
STORM DRAINAGE
DETENTION BASIN: 0.5 AC @ $20,000/AC = 10,000.
DETENTION BASIN OUTLET
STURCTURE: 1EA @ $3,000/EA = 3,000
24" OUTLET PIPE (POLY): 64.5 LF @ $35.00/LF = 2,258
CONC. SPILLWAY: 1.050 SF @ $3.00/SF = 3,150
CONC. DROP STRUCTURE: W=4"' 1EA @ $800/EA = 800
w=6': 1EA @ $1000/EA = 1,000
RIP RAP: 105 CY @ $75.00/CY = 7,875
TYPE III MH: 1EA @ $4500/EA = 4,500
TYPE 1-C MH: 2 EA @ $1650/EA = 3,300
48" CL. II RCP: 891.68 LF @ $90.00/LF = 80,251
42"X29" CMPA 14 LF @ $ 60.00/LF = 840
This is an estimate only. Actual Constcuction Costs may vaPy.
This estimate may not include all constPuction costs.
PREPARED BY: J. W I LKERSON 9/94
DATE
F I RM KLH ENG I NEER I NG CONSULTANTS, INC.
City of Pueblo DATE
8501801.550
1OF2
SUBDIVISION IHPROVEHENT AGREEHENT
EXHIBIT "B"
SUBDIVISIONNAHE: VAUGHN'SSUBDIVISION
DEVELOPER: VAUGHN D. GRAHAH AND SHAW REAL ESTATE TRUST
ENGINEER: KLHENGINEERINGCONSULTANTS01NC.
EARTHWORK
BACKFILL & COHPACT DITCH @ HWY: LUHP SUH = $2,500.
DEHO EXIST. ASPHALT ALONG DITCH: LUHP SUH = 1,000.
CONSTRUCT DET. BASIN, SWALES,
RELOCATE CULVERT @ EXIST.
LOT 4 DRIVEWAY LUHP SUH = 10,000.
TRAFFIC CONTROL
LUHP SUN = 2,000.
STREET LIGHTS 2 EA @ $1300/EA = 2,600.
TOTAL = $238,301.
This is an estimate only. Actual Construction Costs may vary.
This estimate may not include all construction costs.
PREPARED BY: J. WILKERSON 9/94
DATE
F I RH KLH ENG I NEER I NG CONSULTANTS, INC.
City of Pueblo DATE
2OF2
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VAUGHN'S SUBDIVISION - PHASE I
DEVELOPER: VAUGHN Do GRAHAM AND SHAW REAL ESTATE TRUST
ENGINEER: KLHENGINEERINGCONSULTANTS, INC.
CURB AND GUTTER
6" STD: 679.29 LF @7.50/LF = $5,095.
CROSS PAN: 240 SF @$3.50/SF = 840.
SIDEWALK
6' CONC: 704.4 LF @ $12.00/LF = 8,453.
HANDICAP RAMP: 630 SF(3EA) @ $ 3.00/SF = 1,890.
DRIVEWAY CUT: 1EA 30' LONG @ $2000/EA = 2,000.
ASPHALT
SAWCUT EDGE ASPHALT: 705± LF @ $1.50/LF = 1,058.
7" FULL DEPTH PATCH: 1350± SF @ $ 3.00/SF = 4,050.
2" SLOPE PROTECTION 225± SF @ $4.00/SF = 900.
WATER
8" PVC: 869 LF @ $14.00/LF = 12,166.
SERVICES: 4 EA @ $400/EA = 1,600.
PERMANENT BLOW-OFF: 1EA @ $650/EA = 650.
FIRE HYDRANT: 1EA @ $2300/EA = 2,300.
8" GATE VALVE: 1 EA @ $600/EA = 600.
SANITARY SEWER
BORE & 16" DIA CASING 135 LF @ $300/LF = 40,500.
8" PVC 0-12' 574 LF @ $19.00/LF = 10,906.
48" MANHOLES 0-12': 2 EA @ $1200/EA = 2,400.
4" SERVICES 3 EA @ $400/EA = 1,200.
BREAK INTO EXIST. MH 1EA @ $1000./EA = 1,000.
STORM DRAINAGE
DETENTION BASIN: 0.5 AC @ $20,000/AC = 10,000.
DETENTION BASIN OUTLET
STURCTURE: 1EA @ $3,000/EA = 3,000.
24" OUTLET PIPE (POLY): 64.5 LF @ $35.00/LF : 2,258
CONO. SPILLWAY: 1,050 SF @ $3.00/SF = 3,150
CONC. DROP STRUCTURE: W=4"' 1EA @ $800/EA = 800
w=6': 1EA @ $1000/EA = 1,000
RIP RAP: 105 OY @ $75.00/0Y = 7,875
TYPE III MH: 1 EA @ $4500/EA = 4,500
TYPE 1-O MH: 2 EA @ $1650/EA = 3,300
48" CL. II RCP: 891.68 LF @ $90.00/LF = 80,251
42"X29" CMPA 14 LF @ $ 60.00/LF = 840
This is an estimate only. Actual Construction Costs may vary.
This estimate may not inc]ude a]] construction costs.
PREPARED BY: J. WILKERSON 9/94
DATE
FIRM KLH ENGINEERING CONSULTANTS, INC.
REVIEWED BY:
City of Pueblo DATE
I OF 2
SUBDIVISION IHPROVEHENT AGREEHENT
EXHIBIT "B"
SUBDIVISION NAHE: VAUGHN'S SUBDIVISION - PHASE I
DEVELOPER: VAUGHN D. GRAHAH AND SHAW REAL ESTATE TRUST
ENGINEER: KLHENGINEERINGCONSULTANTS, INCo
EARTHWORK
BACKFILL & CONPACT DITCH @ HWY: LUHP SUN = $2,500.
DEHO EXIST. ASPHALT ALONG DITCH: LUHP SUN = 1,000.
CONSTRUCT DET. BASIN, SWALES,
RELOCATE CULVERT @ EXIST.
LOT 4 DRIVEWAY LUHP SUN = 10,000.
TRAFFIC CONTROL
LUHP SUN = 2,000.
STREET LIGHTS 2 EA @ $1300/EA = 2,600.
TOTAL = $232,682.
This is an estimate only. Actua] Constcuction Costs may vaPy.
This estimate may not include all construction costs.
PREPARED BY: J. W I LKERSON 9/94
DATE
F I RH KLH ENG I NEER I NG CONSULTANTS, INC.
REVIEWED BY:
City Of Pueblo DATE
8501801.551 2 OF 2
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: VAUGHN'S SUBDIVISION - PHASE 2
DEVELOPER: VAUGHN D. GRAHAM AND SHAW REAL ESTATE TRUST
ENGINEER: KLH ENGINEERING CONSULTANTS, INC.
CURB AND GUTTER
6" STD: 225 LF 0 $7.50/LF = $1,688.
SIDEWALK
6' CONC: 224.6 LF O $12.00/LF = 2,695.
ASPHALT
SAWCUT EDGE ASPHALT 225 LF ~ $1.50/LF = 338.
7" FULL DEPTH PATCH 300± LF ~ $3.00/LF = 900.
2" SLOPE PROTECTION 225± LF @ $4.00/SF = 900.
TRAFFIC CONTROL LUMP SUM = 1,000.
TOTAL $ 7,521.
This is an estimate on]y. Actua] ConstPuction Costs may vaPy.
This estimate may not inc]ude a]l construction costs.
PREPARED BY: J. WILKERSON 9/94
DATE
FIRM KLH ENGINEERING CONSULTANTS, INC.
City of Pueb]o DATE
8501801.552
ADDENDUH TO SUBDIVISION IHPROVEHENTS AGREEHENT
FOR
VAUGHN'S SUBDIVISION
Notwithstanding anything to the contrary in the attached
Subdivision Improvements Agreement for Vaughn's Subdivision, the
City of Pueblo, a municipal corporation ("City") and Vaughn D.
Graham, an individual and David B. Shaw, Trustee of the Shaw Real
Estate Trust ("Subdivider") agree as follows:
1. The Subdivision will be developed in two separate and distinct
phases.
2. Phase 1 shall consist of Lots 1, 2 and 3, Block 1.
3. Phase 2, shall consist of Lot 4, Block 1.
4. The Subdivider shall construct and install all of the public
improvements in and needed to serve the lots within each Phase
as described in Exhibit "B" of the Subdivision Improvements
Agreement.
5. When the Subdivider completes the Subdivision requirements and
public improvements for Phase 1, the City will release all of
the lots in Phase 1 from this Agreement as if Phase 1 was a
separate and distinct subdivision.
6. This addendum shall become a part of the Subdivision
Improvements Agreement, shall constitute a covenant running
with the property, shall extend to, be binding upon and inure
to the benefit of the successors and assigns of the City and
the Subdivider. If there is a conflict between the provisions
of this Addendum and the Subdivision Improvements Agreement,
the provisions of this Addendum shall control.
7. If any provision of this Addendum or the Subdivision
Improvements Agreement is determined to be invalid or
unenforceable, such determination shall not affect the
validity of other provisions.
8. All rights and remedies of the City under this Addendum or the
Subdivision Improvements Agreement shall be cumulative and in
addition to any right or remedy existing at law or in equity.
Neither delay nor failure by the City to exercise any right or
remedy shall impair any such right or remedy or constitute a
waiver.
9. If litigation is filed concerning the Subdivision {mprovements
Agreement or this Addendum, the prevailing party shall receive
reasonable attorneys' fees from the other party.
SUBDIVIDER: Vaughn D. Graham,
an individual and David B.
Shaw, Trustee of the Shaw Real
Estate Trust
SHAW REAL ESTATE TRUST
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Subscribed and sworn to before me on (im;I ~-~ , 1995, by
Vaughn D. Graham, an individual and David B. Shaw, Trustee of the
Shaw Real Estate Trust.
DECLARATION OF COVENANTS
CONCERNING T~E PRIVATE SANITARY S~WE~
EASEMENT FOR VAUG~N'S SUBDIVISION
This Declaration of Restrictive Covenants (Oec]a~ation) is
made on b/~-)V~ ~ , 1995, by Vaughn D.
Graham, an individual and David B. Shaw, Trustee of the Shaw Real
Estate Trust, as owners and Developers (Declarant).
RECITALS
This Declaration is made concerning the following:
A. Declarant owns the real property contained in Vaughn's
Subdivision, located in Pueblo County, State of Colorado,
and described as Lots 2, 3 and 4 Block 1, (the Property).
B. Dec]arant desires to provide for the proper deve]opment
of the Property and to insure for the installation,
maintenance and repair of the private sanitary sewer
easement as shown on the plat for the Subdivision.
Now therefore Declarant declares that the Property is and
sha]l be held, transferred, sold, conveyed, occupied and used
subject to the fo]lowing covenants, conditions and restrictions.
1. Purposes of Covenants and Restrictions:
A. To insure proper development of the Subdivision.
B. To provide reasonable methods to maintain and
repair said platted and granted private easement
on-site to benefit the Subdivision.
2. Restrictions: The Property contains said private
easement as shown on the Subdivision P]at.
A. All of said private easement comprise a p]an to
benefit all lots in the subdivision.
B. Each lot owner shall maintain and repair the said
private easement on or adjacent to each ]ot owner's
respective ]ot, however, the owners of Lots 2, 3
and 4, Block 1 shall be jointly and severally
responsible for the maintenance and repair of the
improvements and facilities in said private
easement.
C. No building or structure of any kind shall be
placed in said private easement on the Property.
3. General provisions:
A. Terms: These covenants shall run with the land and
shall be binding on all parties and a]] persons
claiming under them.
B. Enforcement: Enforcement shall be by proceeding at
law or equity against any person or entity
violating, attempting to rio]ate, or not complying
with any of these covenants. The enforcing party
may seek and obtain recovery of damages, injunctive
relief, or both, and attorneys' fees.
C. Severabi]ity: Invalidation of any one of these
covenants by judgment or court order shall not
affect the other provisions which shall remain in
effect.
D. Notice: Any notice needed to be given to any owner
under the provisions of these covenants shall be
sent to the ]ast known address of the record owner
of the lot in which the owner has an interest as
shown by the records of the Pueblo County, Co]orado
Clerk and Recorder at the time of such mailing.
E. Standing: Owners of Lots 2, 3 and 4, Block 1 in
Vaughn's Subdivision, and all persons who own or
have the right to possess or control property that
abuts any lot in or said private easement that
benefits Vaughn's Subdivision, shall have the right
to enforce these covenants in any court of
competent jurisdiction.
Shaw Real Estate Trust
By: B
David B. Shaw, Trustee
An individual
STATE OF COLORADO )
) Ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
~J~u~ ~ 1995, by Vaughn D. Graham, an
individual and David B. Sh~w as Trustee of the Shaw Real Estate
Trust.
Witness my hand and official seal.
My commission expires:/2/~/¢~
Reception 1082171
06/02/1995
RAT I F I CAT I ON OF PLAT
FOR VALUE RECE I VED, the unders i 9ned does hereby rat, i fy and
consent to the subdivision of the land shown on the Subdivision
Plat recorded in Plat BookA~OTat PageS~¢} of the records of Pueblo
County, Colorado, and conf~ms and 3o~ns ~n the dedication of all
streets, easements, ~ghts of way and access ~estr~ct~ons shown
thereon and subo~d ~ nates ~ ts ~ ntePest ~ n the p~ope~ty desc~ ~ bed ~ n
th~s Subdivision Plat to any Subdivision Impeovements Agreement
between the Subd~v~der and the C~ty of Pueblo executed ~n
con3unct~on therewith.
S~gned h~s j~ day of , 1995.
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The fo~go~n9 ~nst~ument was acknowledged befo