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HomeMy WebLinkAbout06296Reception 1208818 03/12/1998 ORDINANCE NO. 6296 AN ORDINANCE APPROVING THE PLAT OF LOPEZ ADDITION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Lopez Addition, being a subdivision of land described as : Lot 3, Block 3, Oakshire Resubdivision, County of Pueblo, State of Colorado. Said property contains 0.78 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 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 and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of ChapterA, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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 4. 1 11111111111111111111111 208818 03/12/1998 08:51A B3095 P970 OR II'I I"I 2 of 2 R 11.00 0 0.00 Pueblo Cl.y Clk &Rec. r 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 require- ments of the City have been filed with and approved by the Director of Public Works, and (b) 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. INTRODUCED February 9. 1998 By Robert Schilling Councilmember $ �ifie "'`� -'-:'. ~ •,�; APPROVED � f eu� President the ouncil ATTEST: City Clerk 1/28/98 Reception 1208820 03/12/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on March 5, 1998, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and JOHN LOPEZ. RECITALS: 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 LOPEZ ADDITION, A Special Area Plan 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 by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public'Improvements. 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 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, 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 ". - 111111111111111111111111 IN 111111111111111111111111111 1208820 03/12/1998 08:51A 83095 P973 AGREE 2 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 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 Improvements 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 (' /z ) 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 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 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 recently 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. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms 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 Section 12-4 -7 (.1) of the 1971 Code of Ordinances, 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 7 1 IN 111111111111111111111 IN IN 208820 03/12/1998 08:51A B3095 P974 AGREE 3 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 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 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 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 complete 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 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 the 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. 3 1 I IN 1 1208820 03/12/1998 08:51A 83095 P975 AGREE 4 of 11 R 56.00 0 0.00 Pueblo Cty Clk & Rec. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, and /or associated improvements and revegetation (the "facilities ") located in easements either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor 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 therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge 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 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. 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 concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. 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. 0 (SEAL) LOWN STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on by J o h w R, 1 o e' z ,Subdivider. My commission expires p e COUNTY OF COLORADO ) Subdivider Notary Pub is CITY OF PUEBLO, a Municipal Corporation /� e By: /�Or'o '0 .4- . Z�L , President offjhe C uncil The foregoing instrument was acknowledged before me on by �� . ,� a_ Ice , as President of City Council, and as City Clerk of the City of Pueblo, Colorado. My commission expires: �c�c?o IA '. AS TO FORM: City Attorn Q �e 'Lcl No a Public I Vill VIII 11111 1111111 IN III 1 fill IIII 12 08820 03/12/1998 08:51A 113095 P976 AGREE 5 of 11 R 56.00 o 0.00 Pueblo Cty Clk & Ree. Wi 111111111111111111111111111111111111111111111111 8820 03/ 12/ 1998 08 : 51A B3095 P977 A 1111 6 of it R 56.00 D 0.00 Pueblo C!y Clk & Re,. EXHIBIT A DESCRIPTION: LOT 3, BLOCK 3, OAKSHIRE, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION NAME: DEVELOPER: ENGINEER: PHASE 1 -- LOT 5 STREETS CONCRETE: REMOVE CURB & GUTTER CURB & GUTTER 7" REINFORCED CONCRETE SQUARE PAN RADIUS HANDICAP RAMP PAVEMENT: Penetrations already made S ANITARY SEW Private main already installed Service already installed WATER Service already installed STORM SEWER 36" POLY PIPE TYPE S INLET - 4 FT TEMPORARY OUTLET MISC GRADING EROSION CONTROL EXHIBIT "B" LOPEZ ADDITION, A RESUBDIVISION OF LOT 3, BLOCK 3 OAKSHIRE SUBDIVISION JOHN LOPEZ KIDD E &CMS,INC RICKY A. KIDD, PE UNIT QUANTITY UNITS PRICE AMOUNT 46 LF $5.00 $230.00 30 LF $7.80 $234.00 120 SF $3.80 $456.00 2 EA $419.00 $838.00 90 SF $3.50 $315.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 130 LF $50.00 $6,500.00 1 EA $1,800.00 $1,800.00 1 EA $150.00 $150.00 1 LS $500.00 $500.00 1 LS $200.00 5200.E TOTAL $11,223.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, PE DATE: 03/05/98 FIRM: KIDD E &CMS, INC (2�ft REVIEWED BY: DATE: .3 G /�p City of Pueblo 1 1111111111111111111 1111 111111111111111 111 11111 IN III 1208820 03/12/1998 08:51A 83095 P978 AGREE 7 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: LOPEZ ADDITION, A RESUBDIVISION OF LOT 3, BLOCK 3 OAKSHIRE SUBDIVISION DEVELOPER: JOHN LOPEZ ENGINEER: KIDD E &CMS,INC RICKY A. KIDD, PE PHASE 2 -- LOT 1 UNIT QUANTITY UNITS PRICE AMOUNT STREETS CONCRETE: REMOVE CURB & GUTTER 30 LF $5.00 $150.00 CURB & GUTTER 30 LF $7.80 $234.00 7" REINFORCED CONCRETE 120 SF $3.80 $456.00 SQUARE PAN RADIUS 2 EA $419.00 $838.00 $0.00 PAVEMENT: $0.00 6" FD ASPHALT PATCH 10 SY $12.90 $129.00 $0.00 $0.00 SANITARY SEWER $0.00 $0.00 Private main already installed $0.00 SERVICE 1 EA $765.00 $765.00 $0.00 $0.00 WATER $0.00 $0.00 SERVICE 1 EA $480.00 $480.00 $0.00 $0.00 STORM SEWER $0.00 $0.00 36" POLY PIPE 83 LF $50.00 $4,150.00 TYPE S INLET -4 FT 1 EA $1,800.00 $1,800.00 TEMPORARY OUTLET 1 EA $150.00 $150.00 MISC GRADING 1 LS $500.00 $500.00 EROSION CONTROL 1 LS $200.00 $ 200.00 TOTAL $9,852.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, PE DATE: 03/05/98 FIRM: �KIIDD E &CMS, INC (� REVIEWED BY: ( /,(,Q'iyr''/l - DATE: 3 /GAq City of Pueblo 1111 1111111111111 11111 1111111111 11111 111111111111 IN 1208820 03/12/1998 08:51A 83093 P979 AGREE 8 of 11 R 36.00 D 0.00 Pueblo Cty Clk & Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: LOPEZ ADDITION, A RESUBDIVISION OF LOT 3, BLOCK 3 OAKSHIRE SUBDIVISION DEVELOPER: JOHN LOPEZ ENGINEER: KIDD E &CMS,INC RICKY A. KIDD, PE PHASE 3 - - LOT 4 UNIT QUANTITY UNITS P RICE AMOUNT STREETS CONCRETE: REMOVE CURB & GUTTER 30 LF $5.00 $150.00 CURB & GUTTER 30 LF $7.80 $234.00 7" REINFORCED CONCRETE 120 SF $3.80 $456.00 SQUARE PAN RADIUS 2 EA $419.00 $838.00 $0.00 PAVEMENT: $0.00 6" FD ASPHALT PATCH 20 SY $12.90 $258.00 1" FW OVERLAY 40 T $60.00 $2,400.00 $0.00 $0.00 SANITARY SE WER $0.00 $0.00 Private main already installed $0.00 SERVICE 1 EA $765.00 $765.00 $0.00 $0.00 WATER $0.00 $0.00 2" PRIVATE MAIN 120 LF $15.00 $1,800.00 2" TAP FEE 1 EA $300.00 $300.00 SERVICE 1 EA $480.00 $480.00 $0.00 $0.00 STORM SEWER $0.00 $0.00 36" POLY PIPE 227 LF $50.00 $11,350.00 TYPE III MANHOLE 2 EA $3,000.00 $6,000.00 OUTLET STRUCTURE 1 EA $6,000.00 $6,000.00 SIDEWALK DRAIN 1 EA $750.00 $750.00 AREA DRAINS 2 EA $250.00 $500.00 TYPE 13 INLET 1 EA $800.00 $800.00 MISC GRADING 1 LS $500.00 $500.00 TOTAL $33,581.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, PE DATE: 03/05/98 FIRM: KIDD E &CMS, INC REVIEWED BY: (6 001 DATE: 3 /G /QP City of Pueblo 1 11111111111 11'11'1'1'1' IIII 111111 VIII III VIII 1111111 1208820 03/12/1998 08:51A B3095 P980 AGREE 9 of 11 R 56.00 D 0.00 Pueblo Ct.y Clk & Rec. 6111= 11]IVA M101MiTjI:T:T@PI Li ► _ iT O" EXHIBIT "B" SUBDIVISION NAME: LOPEZ ADDITION, A RESUBDIVISION OF LOT 3, BLOCK 3 OAKSHIRE SUBDIVISION DEVELOPER: JOHN LOPEZ ENGINEER: KIDD E &CMS,INC RICKY A. KIDD, PE PHASE 4 -- LOT 3 UNIT QUANTITY UNITS PRICE AMOUNT STREETS $0.00 $0.00 SANITARY SEWER $0.00 $0.00 Private main already installed $0.00 SERVICE 1 EA $765.00 $765.00 $0.00 $0.00 WATER $0.00 $0.00 Private main already installed SERVICE 1 EA $480.00 $480.00 $0.00 $0.00 STORM SEWER $0.00 $0.00 36" POLY PIPE 47 LF $50.00 $2,350.00 AREA DRAINS 2 EA $250.00 $500.00 EROSION CONTROL 1 LS $200.00 $200.00 TOTAL $4,295.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, PE DATE: 03/05/98 FIRM: KIDD E &CMS, INC REVIEWED BY: DATE: 1 141 9�� City of Pueblo 1 111111 IN III I IIIIIII 1111 111111 11111 111111111111111 1208820 03/12/1998 08:51A B3095 P981 AGREE 10 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Rec. SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: LOPEZ ADDITION, A RESUBDIVISION OF LOT 3, BLOCK 3 OAKSHIRE SUBDIVISION DEVELOPER: JOHN LOPEZ ENGINEER: KIDD E &CMS,INC RICKY A. KIDD, PE PHASE 5 -- LOT 2 UNIT QUA NTITY UNITS PRICE AMOUNT STREETS $0.00 $0.00 SANITARY SEWER $0.00 $0.00 Private main already installed $0.00 SERVICE 1 EA $765.00 $765.00 $0.00 $0.00 WATER $0.00 $0.00 Private main already installed SERVICE 1 EA $480.00 $480.00 $0.00 $0.00 STORM SEWER $0.00 $0.00 36" POLY PIPE 58 LF $50.00 $2,900.00 TYPE III MANHOLE 1 EA $3,000.00 $3,000.00 TYPE 13 INLET 1 EA $800.00 $800.00 AREA DRAINS 2 EA $250.00 $500.00 EROSION CONTROL 1 LS $100.00 $1100.00 TOTAL $8,545.00 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: RICKY A. KIDD, PE DATE: 03/05/98 FIRM: / KIDD E &CMS, INC p� REVIEWED BY: r.L�Li>v�1 DATE: aA p City of Pueblo II IIIIII VIII III IIIIII III IIII IIIIII VIII VIII 1111111 11 . 51A 83095 P982 AGREE 1208820 03/12/19 Clk & Rec. it of 11 R 56.00 0 0.00 Pueblo Cty Reception 1208821 03/12/1998 DECLARATION OF COVENANTS CONCERNING PRIVATE SANITARY SEWER EASEMENTS AND DRAINAGE EASEMENTS FOR LOPEZ ADDITION A Special Area Plan THIS DECLARATION OF COVENANTS is made as of March 4, 1998 by John Lopez herein the "Declarant." DEFINITIONS "Easement" means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for drainage, detention, streets, sidewalks, and utility purposes that serve or benefit the Subdivision. "Facilities" means and includes all piping, catch basins, area drains and manholes located in an Easement. "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 Lopez Addition, A Special Area Plan. "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. 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 order)\ 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: I . 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. Covenants (a) Declarant shall install the Easements and Facilities in accordance with plans and specifications therefor 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 cost 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. 3. Binding Effect 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 _1_ 1 11111111111 11111 1111111 IN 1 1208821 03/12/1998 08:51A 83095 P984 DEC C 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. enforceable at law or in equity by any Lot Owner or the City of Pueblo against any Iverson or entity violating, attempting to violate, or not complying with any of the covenants and provisions of tills 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 r1uht to do so thereafter, and shall not subject any Lot Ox\ net 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 includin 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 ai. to submit to the Jurisdiction of that Court. Surv ival. 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. b. 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. 7. Ap�(icable Law 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. -- "Okclarant COUNTY OF PUEBLO STATE OF COLORADO The foregoing instrument was ackndiv ed before me this .5" day of &a..� ^� 193�by d A YU RI Witness my hand and official seal. Nly commission expires: 11. ['SEA t� N" Y C -3- Notai -' I uUlic 1111111111111111111111 HIM IN 11111111111111111111111111111 1208821 03/12/1998 08:51A 83095 P985 DEC C 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: January 27, 1998 TC: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. S- 97- 26- -FINAL PLAT- -LOPEZ ADDITION SOUTHWEST CORNER, SALEM AVENUE AND YORKSHIRE ROAD SYNOPSIS BACKGROUND: The applicant, in conjunction with a concurrently submitted Special Area Plan (SAP- 97 -7) , proposes to create a five lot subdivision for four -plex development. ISSUES: The applicant has satisfied all development concerns cited by staff. Approval is contingent on acceptance of the concurrently submitted Special Area Plan (SAP- 97 -7). CONCLUSION: The Commission recommends approval by a 7 -0 vote. Subject to the recommendations of the Subdivision Review Committee in a memorandum dated January 7, 1998. GENERAL INFORMATION Applicant: John R. Lopez Owner of Property: Same Location: Southwest Corner, Salem Avenue and Yorkshire Road Size: 0.78 Acres. Existing Zone: R -5 /Multiple Family Residential Development (See Attached ZONING /LOCATION MAP). Request: Allow Subdivision of Property. Purpose: Multi- Family Residential Development, Existing Land Use: Vacant Land and Four -flex (Under Construction) (See Attached SITE PHOTO). 211 E. 'D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 •. Pueblo City Council Case No. 5 -97 -26 January 27, 1998 Page Two Surrounding Land Use /Zoning: Applicable Regulations: SPECIAL INFORMATION Public Utilities: NORTH -- Single and Multi - Family Residences /R -2 & R -5 SOUTH -- Vacant Land /R -5 EAST - -Four Plexes and Apartments /R -4 WEST -- Vacant Lard /R -5 Minimum standards for a subdivision are contained in Section 12 -4 -7 of the City of Pueblo Code of Ordinances. -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (109 p.s.i.). It is the Board's understanding that the lots within this Special Area Plan will be served from a private main(s) within the Special Area Plan (L. Huffstutter, 12/08/97). -- Sanitary Sewer: Sanitary sewer exists in the area which can adequately accommodate any additional flow generated by the proposal. A private sanitary sewer main extension will be required to serve this subdivision (R. Morgan, 12/15/97). - -Storm Sewer: There is no existing storm sewer in the area. There is, however, surface drainage. On -site detention is required. A drainage plan has been submitted with the subdivision (R. Morgan, 12/15/97). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions (D. Centa, 12/15/97). Comprehensive Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map depicts this area as a residential land use. Planning: A memorandum to the Commission from the Subdivision Review Committee dated January 7, 1998, states as follows: "This plat was submitted in accordance with City Ordinance 6192, in which public improvements plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, off -site easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works." Pueblo City Council Case No. S -97 -26 January 27, 1998 Page Three "All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director cf Public Works. The plat generally meets the subdivision ordinance requirements. There are some minor changes that need to be made on the Plat. When the final submittal is made, a phasing plan showing the limits and timing for construction of the required public improvements such as storm water detention, paved parking and sidewalks will be required. The reason for the Special area Plan is to allow shared parking on a commonly owned parcel. Covenants concerning the maintenance of improvements on this parcel will be required. The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works." ANALYSIS The applicant, in conjunction with a concurrently submitted Special Area Plan (Case No. SAP- 97 -7), proposes to create a 5 -lot subdivision for four -plex development. The property is located at the southwest corner of the intersection of Salem Avenue and Yorkshire Road in the "Belmont" neighborhood. The surrounding area consists of apartments, four- plexes, single- family residences and vacant land. The reason for the Special Area Plan is to allow a common area to be shared among the five lots. The Water Board has stated that the lots for the subdivision will be served from private mains within the Special Area Plan. Also, a private sanitary sewer main will be required to serve the subdivision. No other significant issues have been identified by staff. STAFF CONCLUSION Approval of the proposal is dependent on the applicant satisfying the concerns expressed by staff and acceptance of the concurrently submitted Special Area Plan (SAP- 97 -7). Pueblo City Council Case No. 5 -97 -26 January 27, 1998 Page Four PUBLIC =EARING MINUTES (JANUARY 14, 1998 SPECIAL MEETING' Fred Adams, Adams Surveying, appeared before the Commission representing John Lopez. Mr. Adams said they are dividing Lot_ 3 into 5 lots. The special area plan will accommodate a common lot for parking, utilities and drainage. There will be five - fourplexes - one of which is already built. There will be some variances to the setback. Mr. Adams said the Homeowners' Association will administer the common area. He said he had a copy of the Subdivision Review Committee's Memorandum and has submitted all the changes today that were requested by staff. All street improvements are in. No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (JANUARY 14, 1998, REGULAR MEETING) Mr. Lytle, seconded by Mr. Vigil, moved to recommend approval contingent upon the developmental concerns being satisfied by'staff, the Special F:rea Plan be accepted, and per the conditions set forth in the Subdivision Review Committee's memorandum dated January 7, 1998. Motion carried 7 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO V , s z • o 3 z Z V g �s G - ------------------------------- I I I 14th FILING I ------- - - - --1 L ------------ - - — — — — I I I I SALEM AVENUE I C� I I �© I I _ O(nl Q I ,7001, — — — — — — 1 _ V C/ I TI_01' Q ezoo I _ d Q i = I Ln ' 1 a V - - -- - -- I — N � O Q I Y I p o job O o0 1 O I o� --s�-- 01 � I Y b I I 67.o0 72.00' U qq � � I Hor32'3a'w I C� c � ; i =a I � L - - - - L------------------- - - - - -� 00 � ao a cei o S I 3 � - = 1 � • � s I � =Yii o > t'fis e a s�� � { Y I T� S� I •a I L ��r -F° eaa ' R = o E o sS fi faB � I >5�fifi I V fi le ' y S I u - ( � 1 ifi LoafiOafs e 4 IO W G CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT ( mi l ! i- 2 ! I , R-4 R -2 R_7 �STITUTiCN ._ -2 R� I F R -5 B B-3 - - FZ M R- U C RJ4� 0 R�31 il ril CASE S -97 -26 EXHIBIT ZONING /LOCATION MAP LOCATION: REQUEST:- SW CORNER SALEM A AND YORKSHIRE ROAD FINAL PLAT- -LOPEZ ADDITION