HomeMy WebLinkAbout06230Reception 1191919
10/31/1997
ORDINANCE NO. 6230
AN ORDINANCE APPROVING THE PLAT OF ABERDEEN BLUFF
SUBDIVISION SECOND FILING
BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that
SECTION 1.
The final plat of Aberdeen Bluff Subdivision Second Filing being a subdivision of land
legally described as follows:
That parcel of land described in that Warranty Deed filed for record
September 4, 1996 in Book 2926 at Page 254 in the records of the
Pueblo County Clerk and Recorder, also described as follows:
A parcel of land being a portion of the N 1/2 of the NW 1/4 of
Section 35, Township 20 South, Range 65 West of the Sixth
Principal Meridian, City of Pueblo, County of Pueblo, State of
Colorado, being more particularly described as follows:
Beginning at the southeast corner of Sharmar Subdivision, Filing
No. 2 according to the recorded plat thereof filed for record
September 1, 1983 in Book 2168 at Page 517 in the records of the
Pueblo County Clerk and Recorder; thence S 90 °00'00" W (bearings
based on the northerly right of way line of Abriendo Avenue from
the southeast corner of Sharmar Subdivision, Filing No.2 to the
east line of Aberdeen Bluff Subdivision monumented at each end
with No. 4 rebar and yellow plastic cap L.S. 6128 to bear S 90 °00'00"
W as established on the recorded plat of Sharmar Subdivision, Filing
No. 2 along the south line of said Sharmar Subdivision, Filing No. 2
and the northerly right of way line of Abriendo Avenue, a distance
of 177.13 feet (177.12 feet plat) to the southeast corner
of Lot 2 of said Sharmar Subdivision, Filing No. 2; thence along the
easterly and northerly lines of said Filing No. 2 the following four (4)
courses:
1) N 00 °01'51" E., a distance of 81.70 feet (N 00 °00'00" E, a distance
81.72 feet plat)
2) N 44 °56'16" E, a distance of 116.00 feet (N 45 °00'00" E, a distance
of 116.01 feet plat)
3) N 44 °58'49" W, a distance of 110.95 feet (N 45 °00'00" W, a distance
of 111.00 feet plat)
4) S 44 °58'25" W, a distance of 55.04 feet (S 45 °00'00" W, a distance
of 55.00 feet plat)
to the northeast corner of Sharmar Subdivision, Filing No. 1 according
to the recorded plat thereof filed for record March 15, 1978 in Book
thence S 89 °59'28" W along the north line of said Filing No. 1, a distance
of 428.69 feet (N 90 °00'00" W, a distance of 428.42 plat) to the northwest
corner of said Filing No. 1; thence S 02 °36'53" W, a distance of 203.50
feet (S 02 °43'00 "W, a distance of 203.58 feet plat) to the southwest corner
of said Filing No. 1; thence S 90 °00'00" W along the northerly right of way
line of Abriendo Avenue, a distance of 291.24 feet to a point on the east
line of Aberdeen Bluff Subdivision according to the recorded plat thereof
filed for record March 5, 1952 in Book 14A at Page 30 in the records of
the Pueblo County Clerk and Recorder; thence N 00 ° 00'00" W along the
east line of said Aberdeen Bluff Subdivision, a distance of 479.73 feet
to a point on the southerly right of way of the Denver and Rio Grande
Western Railroad right of way; thence the following two (2) courses
along said southerly right of way:
1) along the arc of a curve to the right whose center bears S 28 °52'49"
E, with a central angle of 13 °10'09 ", a radius of 1800.00 feet, a distance
of 413.72 feet;
2) N 74'17'20" E, a distance of 816.76 feet
to the northwest corner of Lot 10, Block 2, Sam Jones Subdivision accord-
ing to the recorded plat thereof filed for record in Book 15 at Page 40 in the
records of the Pueblo County Clerk and Recorder; thence the following two (2)
courses along the northerly line of said Lot 10;
1) S 17'06'21"E, a distance of 80.00 feet;
2) N 90 °00'00" E, a distance of 65.22 feet;
to the northeast corner of said Lot 10; thence S 19 °24 "00" W along the easterly
line of said Lot 10 and the easterly line of said Sharmar Subdivision, Filing
No 2, a distance of 679.49 feet to the southeast corner of said Lot 10 also being
a point on the easterly line of said Filing No. 2; thence the following four (4)
courses along the easterly line of said Filing No. 2;
1) N 89 °59'12" W, a distance of 71.41 feet (N 90 °00'00 "W, a distance of 71.42
feet plat)
2) S 15 °51'49 "W, a distance of 20.79 feet (S 15 °50'31" W, a distance of 20.79
feet plat)
3) S 89 °47'54 "W, a distance of 12.50 feet (N 90 °00'00" W, a distance of 12.50
feet plat)
4) S 00'01' 10" E, a distance of 120.11 feet (S 00 °00'00" E., a distance of 120.00
feet plat)
to the point of beginning. Said parcel contains 655059 sq. ft. or 15.04 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.
The acceptance of such dedicated streets, rights -of -way, utility and drainage ease-
ments, public sites, parks and open spaces by the City does not obligate the City to maintain
or repair same until such streets, rights -of -ways 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 be effective immediately upon final passage and approval.
INTRODUCED July 14 , 1997
` O
pp
ATTEST':
B Fay B. Kastelic
Councilperson
APPROVED
President of Aie C ncil
5/30/97
Reception 1191920
10/31/1997
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this 5th day of March ' 199 7
by and between the CITY OF PUEBLO, a Municipal Corporation, hereinafter referred to as "City ", and
P.I.C. Properties
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 Aberdeen Bluff Subdivi
Second Filing 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 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
uncompi.�Lau impovements 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 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 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 ur any amendment thereto. Such authority shall include the right to compel rescission of arty saii',
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.
1 1 HIM 111111111111 IN
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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. ,,
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this Ze day
of ,n om 199 &6 , by 6 ANIP139i i 1"i
,My�com,mission expires: L{-
te a. ptn
M
. t .
o ��
�P
r Rrs 19 f ��
City Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
Subdivider.
Notary Puiis�, _ K4
Address: ( � �
CITY OF PUEBLO, a Municipal Corporation
By /r
Pr dent of ffie Council
The foregoing instrument was acknowledged before me this �74A day
of (C>o b e- l b e- 199 - ,by -h��G� a c % a , as President of City
Council, and C1 tea.. �Du `r-Ae r as City Clerk of the City of Pueblo, Colorado.
My commission expires:
. r
A L) f
LU
APPR6*0E FORM:
City A r'
Not Public
Address:
_. 6 . C'C
1
1191920 10/31/1997 08:22A 83051 P485 AGREE
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-3-
EXHIBIT A
KNOW ALL MEN BY THESE PRESENTS THAT: Bret A. Verna and Joni L. Vairo,
being the sole owners of the following described parcel of land:
That parcel of land described in that Warranty Deed filed for record September 4, 1996 in
Book 2926 at Page 254 in the records of the Pueblo County Clerk and Recorder, also
described as follows:
A parcel of land being a portion of the N 1/2 of the NW 1/4 of Section 35, Township 20
South, Range 65 West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo,
State of Colorado; being more particularly described as follows:
BEGINNING at the southeast corner of Sharmar Subdivision, Filing No. 2 according to
the recorded plat thereof filed for record September 1, 1983 in Book 2168 at Page 517 in
the records of the Pueblo County Clerk and Recorder, thence S 90 °00'00" W (bearings
based on the northerly right of way line of Abriendo Avenue from the southeast corner of
Sharmar Subdivision, Filin- No_ 2 to the east line.of Aberdeen Bluff Subdivision
monumented at each end with No. 4 rebar and yellow plastic cap L.S. 6128 to bear
S 90 "00'00" W as established on the recorded plat of Sharmar Subdivision, Filing No. 2)
along the south line of said Sharmar Subdivision, Filing No. 2 and the northerly right of
way line of Abriendo Avenue, a distance of 177.13 feet (177.12 feet plat) to the southeast
cornea of Lot 2 of said Sharmar Subdivision, Filing No. 2; thence along the easterly and
northerly lines of said Filing No. 2 the following four (4) courses;
1) N 00 °01'51" E, a distance of 81.70 feet (N 00 °00'00" E, a distance of 8 1. 72 feet plat)
2) N 44'56'16" E, a distance of 116.00 feet (N 45 0 00'00" E, a distance of 116.01 feet
plat)
3) N 44 °58'49" W, a distance of 110.95 feet (N 45 °00'00" W, a distance of 11 1.00 feet
plat)
4) S 44 "58'25" W, a distance of 55.04 feet (S 45 °00'00" W, a distance of 55.00 feet plat)
to the northeast corner of Sharmar Subdivision, Filing No. 1 according to the recorded
plat thereof filed for record March 15, 1978 in Book 1926 at Page 205 in the records of
the Pueblo County Clerk and Recorder; thence S 89 °59'28" W along the north line of
said Filing No. 1, a distance of 428.69 feet (N 90 °00'00" W, a distance of 428.42 plat) to
the northwest corner of said Filing No. 1; thence S 02 °36'53" W, a distance of 203.50
feet ( S 02 11 43'00" W, a distance of 203.58 feet plat) to the southwest corner of said Filing
No. 1; thence S 90 °00'00" W along the northerly right of way line of Abriendo Avenue, a
distance of 291.24 feet to a point on the east line of Aberdeen Bluff Subdivision according
to the recorded plat thereof filed for record March 5, 1952 in Book 14A at Page 30 in the
111111 I 111 IN 11
1191920 10/31/1997 08:22A B3031 P486 AGREE
4 of 6 R 31.00 D 0.00 N 0.00 Pueblo Cty Clk & Ree
records of the Pueblo County Clerk and Recorder; thence N 00 °00'00" W along the east
line of said Aberdeen Bluff Subdivision, a distance of 479.73 feet to a point on the
southerly right of way of the Denver and Rio Grande Western Railroad right of way;
thence the following two (2) courses along said southerly right of way;
1) along the arc of a curve to the right whose center bears S 28 °52'49" E, with a central
angle of 13'10'09", a radius of 1800.00 feet, a distance of 413.72 feet;
2) N 74 °17'20" E, a distance of 816.76 feet
to the northwest corner of Lot 10, Block 2, Sam Jones Subdivision according to the
recorded plat thereof filed for record in Book 15 at Page 40 in the records of the Pueblo
County Clerk ,and Recorder; thence the following two (2) courses along the northerly line
of said Lot 10;
1) S 17 °06'21" E, a distance of 80.00 feet
2) N 90 °00'00" E, a distance of 65.22 feet
to the northeast corner of said Lot 10; thence S 19 °24'00" W along the easterly line of
said Lot 10 and the easterly line of said Sharmar Subdivision, Filing No. 2, a distance of
679.49 feet to the southeast corner of said Lot 10 also being a point on the easterly line of
said Filing No. 2. thence the following four (4) courses along the easterly line of said
Filing No. 2;
1) N 89'59'12" W, a distance of 71.41 feet (N 90 °00'00" W, a distance of 71.42 feet
plat)
2) S 1.5 °51'49" W, a distance of 20.79 feet (S 15 °50'31" W, a distance of 20.79 feet plat)
3) S 89 °47'54" W, a distance of 12.50 feet (N 90 0 00'00" W, a distance of 12.50 feet
plat)
4) S 00 °0Y] 0" E, a distance of 120.11 feet (S 00 0 00'00" E, a distance of 120.00 feet
plat)
to the POINT OF BEGINNING.
Said parcel contains 655059 Sq. Ft. or 15.04 acres more or less.
1
1191920 10/31/1997 08:22A B3051 P487 AGREE
5 of 6 R 31.00 D 0.00 N 0.00 Pueblo C!y Clk & Ree
Subdivision Improvement Agreement Exhibit "B"
P.I.C. Properties
Aberdeen Bluff Subdivision Second Filing
Mangini & Associates, Inc. Job Number 96- 409 -00
Im rovements
. . ....... . ...... ..v................ ... ..v....•..:v.x - ...v.....vv...v nvv..:...z........ ..... .. t .. 4.. . ':��j'�i: } }i ?'.i ? ? ? ?i'r'...v ..,.......::
••f'�K?. "` :�} i �'YL ::•. � x:...v.vxvL:•.
:�W Zia: WSJfSL :`:<:j�:}i?i:�i }: ^:�:�::::j::y iii:: }t` i �;}: w ?.j;:i::;:A:ri: ^?}v }Yiii'� ?'�i:• iii:t' ^•.^: ^ .. . . .... ...... '�: ..'• ?v... ..
1
7" Reinforced Concrete
620
SF
$3.80
$2,356
2
Cone. Pads at Bike Trail
24
SF
$3.80
$91
3
Pavement - 3" Asphalt on 6" Base
731
SY
$11.10
$8,109
4
48" Dia. Sanitary Sewer Manhole
I
EA
$1,400.00
$1,400
5
6" Sanitary Sewer Main
2,236
LF
$22.00
$49,192
6
Sanitary Sewer Sennce
77
EA
$575.00
$44,275
7
4" Water Main
2,200
LF
$29.22
$64,284
8
Water Service
77
EA
$480.00
$36,960
9
Fire Hydrant Assembly
2
EA
$1,800.00
$3,600
10
6" Curb & Gutter
446
LF
$7.80
$3,479
11
18" R.C.P. Stonn Sewer
175
LF
$29.00
$5.075
12
18" Flared End Section
I
EA
$400.00
$400
13
60" Storm Sewer Manhole
2
EA
$1,600.00
$3,200
la
8' Type "S" Inlet
1
EA
$2,600.00
$2,600
15
Stairway Chase
I
EA
$4,89150
$4,894
16
Sidewalk Drain
1
EA
$770.00
$770
17
24" Rip -Rap
456
CY
$50.00
$22.778
18
6" Curb & Gutter Removal
158
LF
$5.00
$790
SUB -TOTAL
Miscellaneous Contingencies @ 15%
GRAND TOTAL
$254,253
$38,138
$292,390
Prepared By Ray Perez Date: 3/5/97 (rev. 8/12/97)
Checked By: Charles DiDomenico Date: 4/16/97
Firm: Mangini & Associates, Inc.
Reviewed
of Pueblo
Date:
III Illll 111111 111113 1 111% 1111111111111111 1111 1111
II A 83051 P488 AGREE & Ree
1191920 10/31 Pueblo Cl�Y Clk
!1997 08
6 of 5 R 31.00 Q 0.00 N 0.00
Aberdeen Bluff Sub. 2nd Filing 12- Sep -97
9640900_VVB1 Job No. 96- 409 -00
Reception 1191922
10/31/1997
DECLARATION OF COVENANTS CONCERNING
PRIVATE SANITARY SEWER, DRAINAGE, AND PRIVATE INGRESS &
EGRESS EASEMENTS
FOR ABERDEEN BLUFF SUBDIVISION SECOND FILING
This Declaration of Restrictive Covenants (Declaration) is made on
/S , 1997, by Bret A. Verna and Joni L. Vairo, as owners and Developers
(Declarant).
RECITALS
This Declaration is made concerning the following:
A. Declarant owns the real property contained in Aberdeen Bluff Subdivision Second
filing, A Special Area Plan, located in the City of Pueblo, County of Pueblo, State
of Colorado, and described as a parcel of land described in that warranty deed
filed for record September 4, 1996 in Book 2926 at Page 254 in the records of
the Pueblo County Clerk and Recorder: (The Property)
ALSO DESCRIBED AS FOLLOWS:
A parcel of land being a portion of the N 1/2 of the NW 1/4 of Section 35,
Township 20 South, Range 65 West of the Sixth Principal Meridian, City of
Pueblo, County of Pueblo, State of Colorado; being more particularly described as
follows:
BEGINNING at the southeast corner of Sharmar Subdivision, Filing No. 2
according to the recorded plat thereof filed for record September 1, 1983 in Book
2168 at Page 517 in the records of the Pueblo County Clerk and Recorder; thence
S 90 °00'00" W (bearings based on the northerly right of way line of Abriendo
Avenue from the southeast corner of Sharmar Subdivision, Filing No. 2 to the east
line of Aberdeen Bluff Subdivision monumented at each end with No. 4 rebar and
yellow plastic cap L.S. 6128 to bear
S 90 °00'00" W as established on the recorded plat of Sharmar Subdivision, Filing
No. 2) along the south line of said Sharmar Subdivision, Filing No. 2 and the
northerly right of way line of Abriendo Avenue, a distance of 177.13 feet (177.12
feet plat) to the southeast corner of Lot 2 of said Sharmar Subdivision, Filing No.
2; thence along the easterly and northerly lines of said Filing No. 2 the following
four (4) courses;
1) N 00 °01'51" E, a distance of 81.70 feet (N 00 0 00'00" E, a distance of 81.72
feet plat)
1�
Aberdeen Bluff Subdivision Second Filing 1 Declaration of Covenants
2) N 44'56'16" E, a distance of 116.00 feet (N 45 °00'00" E, a distance of 116.01
feet plat)
3) N 44 °58'49" W, a distance of 110.95 feet (N 45 °00'00" W, a distance of
111.00 feet plat)
4) S 44 °58'25" W, a distance of 55.04 feet (S 45 0 00'00" W, a distance of 55.00
feet plat)
to the northeast corner of Sharmar Subdivision, Filing No. 1 according to the
recorded plat thereof filed for record March 15, 1978 in Book 1926 at Page 205 in
the records of the Pueblo County Clerk and Recorder; thence S 89 °59'28" W
along the north line of said Filing No. 1, a distance of 428.69 feet (N 90 0 00'00"
W, a distance of 428.42 plat) to the northwest corner of said Filing No. 1; thence
S 02 °36'53" W, a distance of 203.50 feet ( S 02 °43'00" W, a distance of 203.58
feet plat) to the southwest corner of said Filing No. 1; thence S 90 °00'00" W
along the northerly right of way line of Abriendo Avenue, a distance of 291.24
feet to a point on the east line of Aberdeen Bluff Subdivision according to the
recorded plat thereof filed for record March 5, 1952 in Book 14A at Page 30 in
the records of the Pueblo County Clerk and Recorder; thence N 00 °00'00" W
along the east line of said Aberdeen Bluff Subdivision, a distance of 479.73 feet
to a point on the southerly right of way of the Denver and Rio Grande Western
Railroad right of way; thence the following two (2) courses along said southerly
right of way;
1) along the arc of a curve to the right whose center bears S 28 °52'49" E, with a
central angle of 13 °10'09 ", a radius of 1800.00 feet, a distance of 413.72 feet;
2) N 74 °17'20" E, a distance of 816.76 feet
to the northwest corner of Lot 10, Block 2, Sam Jones Subdivision according to
the recorded plat thereof filed for record in Book 15 at Page 40 in the records of
the Pueblo County Clerk and Recorder; thence the following two (2) courses
along the northerly line of said Lot 10;
1) S. 17 °06'21" E, a distance of 80.00 feet
2) N 90 °00'00" E, a distance of 65.22 feet
to the northeast corner of said Lot 10; thence S 19 °24'00" W along the easterly
line of said Lot 10 and the easterly line of said Sharmar Subdivision, Filing No. 2,
a distance of 679.49 feet to the southeast corner of said Lot 10 also being a point
on the easterly line of said Filing No. 2; thence the following four (4) courses
along the easterly line of said Filing No. 2;
Aberdeen Bluff Subdivision Second Filing 2 Declaration of Covenants
1) N 89'59'12" W, a distance of 71.41 feet (N 90 0 00'00" W, a distance of 71.42
feet plat)
2) S 15 °51'49" W, a distance of 20.79 feet (S 15 °50'31" W, a distance of 20.79
feet plat)
3) S 89 °47'54" W, a distance of 12.50 feet (N 90 0 00'00" W, a distance of 12.50
feet plat)
4) S 00'01'10" E, a distance of 120.11 feet (S 00 0 00'00" E, a distance of 120.00
feet plat)
to the POINT OF BEGINNING.
Said parcel contains 655059 Sq. Ft. or 15.04 acres more or less.
B. Declarant desires to provide for the proper development of the property and to
insure for the installation, maintenance and repair of the private sanitary sewer,
drainage, and private ingress and egress easements as shown on the plat for the
Subdivision.
Now therefore, Declarant declares that the Property is and shall be held, transferred, sold,
conveyed, occupied and used subject to the following 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 all
platted easements on -site of the Property to benefit the
Subdivision.
2. Restrictions: The Property contains easements as shown on the
Subdivision Plat. Such easements are described in attached
Exhibit "A ".
A. All of the easements comprise a plan to benefit all lots in
the Subdivision.
B. Each lot owner shall maintain and repair all improvements
and facilities installed in the easement on or adjacent to each
lot owner's respective lot, however, the owners of all lots
shall be jointly and severally responsible for the maintenance
Aberdeen Bluff Subdivision Second Filing 3 Declaration of Covenants
and repair of all improvements and facilities installed on the
easements described in attached Exhibit "A ".
C. No Building or structure of any kind shall be placed in any
easement on the Property.
General provisions:
A. Terms: These covenants shall run with the land and shall
be binding on all parties and all persons claiming under
them.
B. Enforcement: Enforcement shall be by proceeding at law
or equity against any person or entity violating, attempting
to violate, 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. Severability: Invalidation of any one of these covenants by
judgment or court order shall not affect the other provision
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 last
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, Colorado Clerk and Recorder at the time of such
mailing.
E. Standing: All lot owners in Aberdeen Bluff Subdivision
Second Filing shall have the right to enforce these covenants
in any court of competent jurisdiction.
In witness whereof the following have set their hand:
Aberdeen Bluff Subdivision Second Filint; 4 Declaration of Covenants
1191922 10/31/1997 08:22A 83091 P494 DEC C
3 of 6 R 31.00 D 0.00 N 0.00 Pueblo Cty Clk & Rec
VEANA
WNER
JOAJ L. VAIRO
OWNER
d
DA E:
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DA E:
STATE OF COLORADO)
S.S.
COUNTY OF PUEBLO )
The r g Ling instrument was acknowledged before me this 'S day
of 1997 A.D. By Bret A. Verna and Joni L. Vairo.
My Commission Expires:��j
NO TA- UBLIC
03 d
A r
rz
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Aberdeen Bluff Subdivision Second Filing 5 Declaration of Covenants
EXHIBIT "A"
UTILITY AND DRAINAGE EASEMENT
ABERDEEN BLUFF SUBDIVISION SECOND FILING
Parcel A, Aberdeen Bluff Subdivision Second Filing, according to the recorded plat
thereof, filed for record / j°/ j 2 Z ( , 1997 in Book . M -
at Page — qj� in
the records of the Pueblo County Clerk and Recorder.
Aberdeen Bluff Subdivision Second Filing 6 Declaration of Covenants