HomeMy WebLinkAbout06035Reception 1123960
05/30/1996
ORDINANCE NO. 6035
AN ORDINANCE APPROVING THE PLAT OF CLIFF BRICE
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO,
COLORADO, that:
SECTION 1.
The final plat of Cliff Brice Subdivision, being a
subdivision of land legally described as follows:
A parcel of land being a portion of the SW 1/4
of the SW 1/4 of Section 31, Township 20 South,
Range 64 West of the Sixth Principal Meridian,
being more particularly described as follows:
Beginning at a point on the south line of the
said SW 1/4 from which the SW corner of said
Section 31 bears N 87 -09 -44 W (bearings based
on the line between the SW corner of said Section
31 and the City monument at the intersection of
Santa Fe Avenue and C Street both monumented with
a concrete monument with lead and tack in a cast
iron monument box assumed to bear S 10 -23 -51 W),
a distance of 852.00 feet; Thence N 44 -44 -20 W
along the northeasterly boundary of Wilson's
Subdivision according to the recorded plat
thereof filed for record May 27, 1907 at recep-
tion number 152286 in the records of the Pueblo
County Clerk and Recorder, a distance of 702.99
feet to the most southerly corner of that parcel
of land described in that deed recorded in Book
2556 at Page 948 to 951 in the records of the
Pueblo County Clerk and Recorder; Thence N 39 -19-
34 E along the southeasterly line of said parcel
a distance of 131.58 feet to a point on the
southwesterly line of that parcel of land
described in that deed recorded in Book 2571 at
Pages 722 to 725 said point also being 10 feet,
if measured at right angles, from the centerline
of the Missouri Pacific Railroad Company's Track
No. 9 -44 as located in October, 1991: Thence
Southeasterly and Northeasterly along said parcel
the following two (2) courses:
Book: 2896 Page: 194 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk.&Bec.
1) S 42 -46 -09 E, a distance of 300.08 feet;
2) N 43 -06 -41 E, a distance of 199.86 feet;
Thence S 38 -40 -37 E, a distance of 95.22 feet;
Thence along the arc of a curve to the left having
a central angle of 8 -08 -51 and a radius of 1838.00
feet, a distance of 261.37 feet; Thence S 46 -49 -28
E, a distance of 57.51 feet to a point the north-
west corner of that parcel of land described in
that deed filed for record. May 6, 1993 in Book
2654 at Page 480 to 484 in the records of the
Pueblo County Clerk and Recorder; Thence S 43 -10 -32
W along the northwesterly line of said parcel, a
distance of 303.46 feet to the point of beginning,
containing 3.61 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, utility and drainage easements, public sites,
parks and open spaces by the City does not obligate the
City to maintain or repair same until such streets,
rights -of -way, utility and drainage easements, public
sites, parks and open 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 agree-
ment entered into pursuant thereto.
Book: 2896 Page: 195 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
SECTION 3.
This ordinance shall become effective immediately
upon final passage and approval.
HALO,
�
INTRODUCED November 13 , 1995
By John Califano
Councilperson
•
a APPROVED AYA -
President of the Council
ty Clerk
10/31/95
Reception 1123961
05/30/1996
SHALLOW SANITARY SEWER SERVICE LINES
Cliff Brice Subdivision
Notice is hereby given to the Owner(s) of Lots 1 and Lots 2 Cliff Brice Subdivision,
Pueblo County Colorado, and their heirs, personal representatives, successors and assigns, that
sanitary sewer service to basements of these Lots may require a pumping system due to the
elevation of the sanitary sewer line(s) in the street or public right -of -way.
This notice dated l 1 1996.
SUBDIVIDER
By
Si ature
Cliff Brice Jr.
President
Triterra Inc.
300 Moffat Avenue
Pueblo, Colorado 81003
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledge before me on S , 1996, by Cliff
Brice Jr,; President, Triterra Inc.
mv hand and seal.
".X 4 Cp
expires: 0
ZINN
Reception 1123962
05/30/1996
EASEMENT AGREEMENT
THIS EASEMENT is granted on May 10, , 1996, by
Cliff Brice, Jr., of the City of Pueblo, County of Pueblo and State of Colorado (Grantor)
to Triterra, Inc., a Colorado Corporation, 300 Moffat Avenue, Pueblo, Colorado
(Grantee).
WITNESSETH:
In consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor
grants and conveys to Grantee, its successors and assigns, an easement for the purpose of
drainage, as Grantee may require, upon, over, under and across the real property located
in Pueblo County, Colorado and described on the attached Exhibit "A" (the Property).
1. Grantor reserves the right to use the Property for purposes not inconsistent
with the rights granted in this Agreement, provided Grantor shall not erect or place any
structures, buildings, trees or other landscaping, on the Property and Grantee shall not be
liable for their removal if they are so placed.
2. Grantor grants to Grantee the right of access over and across the real
property of the Grantor adjoining the Property to construct such drainage facilities.
3. Grantee covenants that he, and his heirs, successors or assign, will
continuously maintain and repair this easement, and the facilities in the easement, at his
expense.
4. Grantee will indemnify and hold harmless the Grantor from all claims,
expenses, liabilities, attorneys' fees, loss or damage to property or injury to or death of
persons, caused by the replacement of drainage facilities, the maintenance and use of this
easement.
5. Grantee shall restore Grantor's property damaged during Grantee's
construction operations to as near original condition as reasonably possible.
6. Grantor covenants and warrants he is the fee owner of the property, has
good and lawful right to convey the Property, and that the Property is free of all liens and
encumbrances except mortgages or deeds of trust in favor of ,
which has consented to granting this easement.
7. This easement shall run with the land and be binding upon and inure to the
benefit of the Grantee and the Grantor and their respective heirs, personal representatives,
successors and assigns. The singular includes the plural and the masculine includes the
feminine and neuter.
Boot: 2896 Page: 198 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1t.&Rec.
GRANTOR:
B
STATE OF COLORADO)
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on Alde ,
1996, by MP;r - c 14. , Grantor.
Witness my hand and official seal.
My commission expires:
Notary u
'ty �d.f.I.eRr N �`.
1 1
Book: 2896 Page: 199 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
Exhibit "A"
An easement for the purpose of drainage being the southwesterly 10 feet of Lots 25
through 34 and all of lots 35 through 38, Block 4, Wilson Subdivision, according to the
recorded plat thereof filed record May 27, 1907 at reception number 152286 in the
records of the Pueblo County Clerk and Recorder, Pueblo County, Colorado.
Reception 1123963
05/30/1996
EASEMENT AGREEMENT
THIS EASEMENT is granted on May 10, 1996, by Cliff Brice,
Jr., of the City of Pueblo, County of Pueblo and State of Colorado (Grantor) to Triterra,
Inc., a Colorado Corporation, 300 Moffat Avenue, Pueblo Colorado (Grantee).
WITNESSETH:
In consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor
grants and conveys to Grantee, its successors and assigns, an easement for the purpose of
Ingress and Egress across the real property located in Pueblo County, Colorado and
described on the attached Exhibit "A" (the Property).
1. Grantor reserves the right to use the Property for purposes not inconsistent
with the rights granted in this Agreement, provided Grantor shall not erect or place any
structures, buildings, trees or other landscaping, on the Property and Grantee shall not be
liable for their removal if they are so placed.
2. Grantor grants to Grantee the right of Ingress and Egress over and across
the real property of the Grantor adjoining the Property.
3. Grantee covenants that he, and his heirs, successors or assign, will
continuously maintain and repair this easement, and the facilities in the easement, at his
expense.
4. Grantee will indemnify and hold harmless the Grantor from all claims,
expenses, liabilities, attorneys' fees, loss or damage to property or injury to or death of
persons, caused by the replacement of drainage facilities, the maintenance and use of this
easement.
5. Grantee shall restore Grantor's property damaged during Grantee's
construction operations to as near original condition as reasonably possible.
6. Grantor covenants and warrants he is the fee owner of the property, has
good and lawful right to convey the Property, and that the Property is free of all liens and
encumbrances except mortgages or deeds of trust in favor of ,
which has consented to granting this easement.
7. This easement shall run with the land and be binding upon and inure to the
benefit of the Grantee and the Grantor and their respective heirs, personal representatives,
successors and assigns. The singular includes the plural and the masculine includes the
feminine and neuter.
Book: 2896 Page: 201 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
GRANTOR:
By -
STATE OF COLORADO)
) SS.
COUNTY OF PUEBLO )
The foregomiz instrument was acknowledged before me on O
1996, by Grantor.
Witness my hand and official seal.
My commission expires: ¢/711
.. ... 40 �
o,•
Book: 2896 Page: 202 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
Exhibit "A"
An easement for the purpose of Ingress and Egress being all of lots 35, 36 and 37, Block
4, Wilson Subdivision, according to the recorded plat thereof filed record May 27, 1907
at reception number 152286 in the records of the Pueblo County Clerk and Recorder,
Pueblo County, Colorado.
Reception 1123964
05/30/1996
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 27th day of November 199-9
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
Triterra Inc. a Colorado Corporation, Cliff Brice Jr., President
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 Cliff Brice Subdivision
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 25% 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
the costs of extending curb, gutter, sidewalk and paving from the edge of the subdivision or existing
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
uncompletea 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.
-1-
Book: 2896 Page: 204 Chris C. Munoz
Page: 2 of 8 Pueblo Co.C1k.&Rec.
S. 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 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" shalt 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 agreed 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
Agreement.
13. The parties hereto mutually agree that this Agreement may be amended from time to time by
mutual consent provided that such amendment be in writing 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 of Pueblo County, Colorado, and
shall constitute an agreement running with the land until released as hereinabove set forth.
-2-
Book: 2896 Page: 205 Chris C. Munoz
Page: 3 of 8 Pueblo Co.C1k.&Rec.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its
duly authorized and acting officers and the seal of the Subdivider set hereon.
Triterra Inc.
Subdivider
By
(S E A L) Cliff Brice Jr., President
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this _ day
of , 199., by Cli>�f �i'ice �r . Subdivider - 4
A. .
My commission expires: 417116 , c ' � �►
Notary •
(S E A L) Address:
ry
r r
CITY OF PUEBLO, a Municipal Corporation
B
President of Council
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 29th day
of May 199 , by Fay B. Kastelic , as President of E
Council, and Gina DutchPS as City Clerk of the City of Pueblo, Colorado.
.4 LIN
G It, MIA co K*4ion expires:
!t' t' otary Public Sud
Address: �6Oa ( 8/D Auld"
LOVED AS TO FORM:
C "mey
1c]I
EXHIBIT "A"
Book: 2896 Page: 206 Chris C. !Munoz
Page: 4 of 8 Pueblo Co.C1k.&Rec.
A parcel of land located within the City of Pueblo, County of Pueblo, State of Colorado to -wit;
A parcel of land being a portion of the SW 1/4 of the SW 1/4 of Section 31, Township 20 South, Range 64
West of the Sixth Principal Meridian, being more particularly described as follows;
BEGINNING at a point on the south line of the said SW 1/4 from which the SW comer of said Section 31
bears N 87 -09-44 W (bearings based on the line between the SW comer of said Section 31 and the city
monument at the intersection of Santa Fe Avenue and C Street both monumented with a concrete monument
with lead and tack in a cast iron monument box assumed to bear S 10 -23 -51 W), a distance of 852.00 feet;
Thence N 44 -44 -20 W along the northeasterly boundary of Wilson's Subdivision according to the recorded
plat thereof filed record May 27, 1907 at reception number 152286 in the records of the Pueblo County
Clerk and Recorder, a distance of 702.99 feet to the most southerly corner of that parcel of land described in
that deed recorded in Book 2556 at Pages 948 to 951 in the records of the Pueblo County Clerk and
Recorder; Thence N 39 -19 -34 E along the southeasterly line of said parcel a distance of 131.58 feet to a
point on the southwesterly line of that parcel of land described in that deed recorded in Book 2571 at Pages
722 to 725 said point also being 10 feet, if measured at right angles, from the centerline of the Missouri
Pacific Railroad Company's Track No. 9 -44, as located in October 1991; Thence southeasterly and
northeasterly along said parcel the following two (2) courses;
1). S 42 -46 -09 E, a distance of 300.08 feet;
2). N 43 -06-41 E, a distance of 199.86 feet;
Thence S 38 -40 -37 E, a distance of 95.22 feet; Thence along the arc of a curve to the left having a central
angle of 8 -08 -51 and a radius of 1838.00 feet, a distance of 261.37 feet; Thence S 46 -49 -28 E, a distance of
57.51 feet to a point the northwest corner of that parcel of land described in that deed filed for record May
6, 1993 in Book 2654 at Pages 480 to 484 in the records of the Pueblo County Clerk and Recorder, Thence
S 43 -10-32 W along the northwesterly line of said parcel, a distance of 303.46 feet to the POINT OF
BEGINNING,
Containing 3.74 acres.
Boot: 2896 Page: 207 Chris C. !Munoz
Page: 5 of 8 Pueblo Co.C1k.&Rec.
Subdivision Improvement Agreement Exhibit "B"
Cliff Brice
Cliff Brice Subdivision
Mangini & Associates, Inc. Job Number 95 -167
Item Number
Item
Total Quantity
Unit
Unit Cost
Total Cost
1
Excavation
238
CY
$3.00
$714
2
4" Paving / Bennett St.
89
SY
$11.00
$979
3
4" Paving / Sanitary Installation
130
SY
$11.00
$1,430
4
Grading & Paving / Drainage Channel
90
SY
$5.70
$513
5
Sanitary Sewer - 8"
369
LIN FOOT
$22.00
$8,118
6
4' Sanitary Sewer Manhole
2
EACH
$1,400.00
$2,800
7
7" Reinf. Concrete
2252
SQ FOOT
$3.80
$8,558
8
San. Sewer Service Lines
2
EACH
$575.00
$1,150
9
6" Water main
25
LIN FOOT
$28.00
$700
10
Flowable Backfill /Ilex
125
CY
$50.00
$6,250
11
Traffic Control / Ilex
1
LS
$1,000.00
$1,000
SUB -TOTAL $32;212
Miscellaneous Contingencies @ 15% $4,832
GRAND TOTAL $37,043
Prepared By:
Stephen Dear Date: 05/07/96
Checked By:
Charles DiDomenico Date: 05/07/96
Firm:
Mangini & Associates, Inc.
Reviewed By:
Date: 22 — J
City of Pueblo
file: cliff b -bl
Book: 2896 Page: 208 Chris C. Munoz
Page: 6 of 8 Pueblo Co.C1k.&Rec.
ADDENDUM TO ALTERNATE 4 SUBDIVISION IMPROVEMENTS AGREEMENT
FOR CLIFF BRICE SUBDIVISION
Notwithstanding anything to the contrary in the attached subdivision
improvements agreement for Cliff Brice Subdivision, the City of Pueblo, a Municipal
Corporation ( "City ") and Triterria, Inc. ( "Subdivider ") agree as follows:
1. Subdivider agrees to dedicate all of Lot 2 as a drainage easement except for that
small rectangular shaped parcel of property show on the plat which shall be used
solely for a gasoline service island and canopy covering.
2. Subdivider understands and agrees that the drainage easement in Lot 2 is being
dedicated as a means to prohibit issuing building permits to construct any building or
structure other than the gasoline service island and canopy in Lot 2.
3. The City agrees to allow the subdivider to defer installing sanitary sewer lines to Lot
2. If at any time or for any reason, however, Subdivider, or its successors or assigns,
constructs any building or structure for indoor use by employees, agents, customers or
anyone else, shall, at its sole expense, install the sanitary sewer lines and
improvements shown on the improvement plans for Cliff Brice Subdivision on file
with the City's Department of Public Works.
4. Subdivider shall petition the Pueblo City Council to vacate that portion of the
drainage easement in Lot 2 that is ever used to construct any additional building or
structure other than the gasoline service island and canopy. With the vacation
petition, the Subdivider shall prepare and file new drainage and improvements plans
to reflect any drainage revisions on Lot 2.
This addendum shall become a part of the Subdivision Improvements Agreement,
shall constitute a convenant running with the property, and 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.
6. 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 the other provisions.
7. 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 execute any right
or remedy shall impair any such right or remedy or constitute a waiver.
Book: 2896 Page: 209 Chris C. Munoz
Page: 7 of 8 Pueblo Co.C1k.&Rec.
8. If litigation is filed concerning the subdivision improvements agreement or this
addendum, the prevailing party shall receive reasonable attorneys' fees from the other
partY-
SUBDIVIDER:
ATTEST:
Sectetary
STATE OF COLORADO)
ss.
COUNTY OF PUEBLO )
Subscribed and sworn to before me on 0 , 1996,
by Cf /t� ��% C� J� • as
-Seem of 7r, e= f 111
�'1/ �,
My commission expires: 41719
otary
i;
�T
1 ,0 3 40 �'1 ,
oe
d&t
CITY OF PUEBLO, a Municipal Corporation Lf1. 1 � `
I V, B -
Presid t of the toNcil
i, W - - I 1
Book: 2896 Page: 210 Chris C. Huns
STATE OF COLORADO) Page 8 of 8 Pueblo Co.Clk.&Rec.
) ss.
COUNTY OF PUEBLO ) ,
Subscribed and sworn to before me on May 29. , 1996,
by Fay B . Kastelic as President and Gina Dutcher as
city Clerk -Seffetafy of the City of Pueblo, a Municipal Corporation.
r My commission expires: 4�62��J7
! No Public
F �4 �. "
• 1001APVkOVED AS TO FORM:
City Attorney