HomeMy WebLinkAbout06346Reception 1237165
09/02/1998
ORDINANCE NO. 6346
AN ORDINANCE APPROVING THE PLAT OF REGENCY RIDGE
SUBDIVISION, 6TH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Ridge Subdivision, 6th Filing being a subdivision of land
legally described as:
A parcel of land located within the SW 1/4 & the NW 1/4 of Section 9, Township
21 South, Range 65 West of the 6th Principal Meridian, Pueblo County, State of
Colorado, being more particularly described as:
A portion of Lots 1, 2, 11, and 12, all in Block 3, Shull's Subdivision, according
to the recorded plat thereof filed for record July 14, 1887 of the Pueblo County
Records, and being more particularly described by metes and bounds as follows:
Beginning at a Point on the North line of the southwest 1/4 of said Section 9,
said Point also being the Southeast corner. of Lot 26, Block 30 of Regency Park,
15th Filing as recorded in Book 2443 of Page 186 of the Pueblo County records:
Thence S 00° 39'52" W a distance of 136.37 feet; Thence along a curve to the
right a distance of 65.00 feet, said curve having a radius of 310.00 feet and a
central angle of 12° 00'49". Thence N 78 °09'53" W a distance of 326.34 feet;
Thence N 65 °38'47" W a distance of 159.35 feet; Thence N 00 °02'42" W a
distance of 81.06 feet to the North line of the Southwest 1/4 of said Section 9;
Thence N 88 °26'26" W along said North line a distance of 631.23 feet; Thence
N 00 °00'00" E, a distance of 484.57 feet; Thence S 89'19'52" E a distance of
1000.48 feet to the West line of said Regency Park, 15th Filing; Thence S 00°
40'18" W along said West line a distance of 500.00 feet the North line of the
Southwest 1/4 of said Section 9, said point also being the Southwest corner of
Lot 26, Block 30 of said Regency Park, 15th Filing; Thence S 88'26'26'E along
said North line a distance of 110.24 feet to the Point of Beginning. Said Parcel
containing 12.94 acres more or less,
is hereby approved, and all dedicated streeth 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,
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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 Chapter 4, 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 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.
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.
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237165 09/02/1998 09:5011 ORD Chris C. Munoz
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0
id o < < 4
ATTEST:
City Clerk
7/27/98
INTRODUCED August 10, 1998
By John Verna
Councilmember
APPROVED 1i
President 1�ocil
Reception 1237167
09/02/1998
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on A t.k Zu%-F I (7 , q q , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and 1 P-F-Dr -- L.L.Q-.
( "Subdivider ")
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
the Subdivider, as a condition of approval of the final plat of '28Z,10\1g y
t iT2rlt%1 tC1r1 (nth F—. c I nIr:.
( "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:
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
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to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public 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 alien 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.
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1237167
09/02/1998 09:50A SUB
AG Chris
IN
C. Muno:
3 of it
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C!y Clk
A Rea.
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 the Required Public Improvements, or those improvements necessary
as determined by the City Director of Public Works, to totally serve specific lot(s) or
block(s) for which certificates of occupancy are sought have been properly designed.,
engineered, constructed and accepted as meeting the specifications and standards of
the City.
The restrictions on issuing certificates of occupancy contained in this paragraph 7 and
the restriction on the issuance of building permits contained in paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors and assi 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.
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10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots, and shall include
the full width of all streets upon which such lots abut.
11. If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage, stormwater detention facility, or maintenance and restoration
of restoration of adjacent drainage channels, and/or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
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 hereto. Such authority shall include the right
to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s)
contrary to the provisions of the Ordinances of the City or this Agreement. In the
event of any litigation 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,
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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.
(SEAL)
STATE OF COLORADO
COUNTY OF PUEBLO
The
by r c
My commission expires:
19 9C
Subdivider
By:
By:
was acknowledged before me on
City C1
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
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All
KPTHY A.
Coy
CITY OF PUEBLO, a Municip Corporation
By: L
President of th ouncil
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ss.
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1237167 09/02/1998 09:50A SUB AG Chris C. Mur
6 of 11 R 36.00 D 0.00 Pueblo Cty Clk 8 Roe.
foregoing ' st ment was acknowledged before me on J990
b , as President of City Counci , and
r e as City Clerk of the City of Pueblo, Colorado.
a
P' ¢ commission exp ires: n
ill 0
to
AU a65 r y ... P 8 .21 -�f l
ar
Notary Public
of
OVED AS TO FORM:
City Attorney
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EXHIB IT Q
1 IN IN
1237167 09/02/1998 09:50A SUB AG Chris C. Munoz
7 of 11 R 56.00 D 0.00 Pueblo C!y Clk 8 Roe.
A Parcel of land located within the SW 114 & the NW 114 of Section 9, Township 21 South, Range 65
West, of the 6th Principal Meridian, Pueblo County, State of Colorado, being more particularly
described as,
A portion of Lots 1, 2, 11, and 12, all in Block 3, Shull's Subdivision, according to the recorded plat
thereof filed for record July 14, 1887 of the Pueblo County Records, and being more particularly
described by metes and bounds as follows:
Beginning at a Point on the North line of the Southwest 114 of said Section 9, said Point also being the
Southeast corner of Lot 26, Block 30 of Regency Park, 15th Filing as recorded in Book 2443 at Page 186
of the Pueblo County records:
Thence S 00'39'52 " W a distance of 136.37 Feet:
Thence along a curve to the right a distance of 65.00 Feet, said curve having a radius of 310.00 Feet and
a central angle of 12 ° 00'49 ".
Thence N 78 ° 09'53 " W a distance of 326.34 Feet:
Thence N 65 '38'47" W a distance of 159.35 Feet:
Thence N 00 ° 02'42 " W a distance of 81.06 Feet to the North line of the Southwest 114 of said Section 9:
Thence N 88 '26'26 " W along said North line a distance of 631.23 Feet:
Thence N 00'00'00" E a distance of 484.57 Feet:
Thence S 89 ° 19'52 " E a distance of 1000.48 Feet to the West line of said Regency Park, 15th Filing:
Thence S 00 '40' 18" W along said West line a distance of 500.00 Feet to the North line of the Southwest
114 of said Section 9, said point also being the Southwest corner of Lot 26, Block 30 of said
Regency Park, 15th Filing:
Thence S 88 '2626" E along said North line a distance of 110.24 Feet to the Point of Beginning.
Said Parcel containing 12.94 Acres more of less.
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1237167 09/02/1998 09:50A SUB AG Chris C. Hunan
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EXHIBIT B
Subdivision Name: Regency Ridge Subdivision, 6th Filing
Developer: RRDC, L. L. C., A Limited Liability Corporation
Engineer: Abel Engineering Professionals, Inc.
Street Improvements Amount Units Cost/Unit Total
Name: BARRINGTON COURT
Pavement
5" Full depth asphalt 2680 SY $11.00 $29,480.00
Concrete
Curb & Gutter
1190
LF
$7.80
$9,282.00
4" Concrete Sidewalk
4760
SF
$2.50
$11,900.00
Handicap Ramps
216
SF
$3.50
$756.00
Concrete Cross Pan
288
SF
$3.80
$1,094.40
Square Pan
2
EA
$419.00
$838.00
Sanitary Sewer and Appurtenances
8
LF
$27.00
$216.00
8" Main (0' - -12' depth)
567
LF
$22.00
$12,474.00
48" Dia. Manhole
3
EA
$1,400.00
$4,200.00
Service lines -- 60' ROW
16
EA
$575.00
$9,200.00
Water Main and Appurtenances
Subtotal
$142,711.56
6" Main (including valves)
178
LF
$29.22
$5,201.16
8" Main (including valves)
400
LF
$29.22
$11,688.00
Service lines -- 60' ROW
16
EA
$480.00
$7,680.00
Monument Boxes
4
EA
$450.00
$1,800.00
Street Lights
2
EA
$1,200.00
$2,400.00
Storm Sewer
18" Pipe
299
LF
$29.00
$8,671.00
24" Pipe
215
LF
$36.00
$7,740.00
Manhole -- Type 1 B
3
EA
$1,600.00
$4,800.00
Type "S" Inlet -- L =20'
1
EA
$5,000.00
$5,000.00
Type "S" Inlet -- L =13'
1
EA
$3,600.00
$3,600.00
Inlet pipe runs -- 15"
8
LF
$27.00
$216.00
Inlet pipe runs -- 24"
31
LF
$36.00
$1,116.00
Outlet Structure (5'X5')
1
EA
$3,500.00
$3,500.00
Rip rap including filter fabric
1.5
CY
$50.00
$75.00
Subtotal
$142,711.56
a
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1237167 09/02/1998 09:50A SUB AG Chris C. Munoz
9 of it R 56.00 D 0.00 Pueblo Cty Clk 8 Rae.
Street Improvements Amount Units Cost/Unit Total
Name SUDBERRY DRIVE
Pavement
5" Full depth asphalt 644 SY $11.00 $7,084.00
Concrete
Curb & Gutter
298
LF
$7.80
$2,324.40
4" Concrete
1192
SF
$2.50
$2,980.00
Water Main and Appurtenances
1
EA
$850.00
$850.00
Main (including valves)
194
LF
$29.22
$5,668.68
Fire hydrant assembly
1
EA
$1,800.00
$1,800.00
Monument Boxes
1
EA
$450.00
$450.00
Barricades -- L =24'
1
EA
$1,000.00
$1,000.00
Inlet Structure
Subtotal
EA
$21,307.08
$1,000.00
Detention Facility
27" Pipe (RCP)
638
LF
$42.00
$26,796.00
Manhole -- Type 1 B
1
EA
$1,600.00
$1,600.00
Flared End Section
1
EA
$850.00
$850.00
Grading
1
AC
$16,000.00
$16,000.00
Concrete Trickle Pan
65
LF
$16.00
$1,040.00
Earthwork
5200
CY
$1.33
$6,916.00
Rip rap including filter fabric
31
CY
$50.00
$1,550.00
Inlet Structure
1
EA
$1,000.00
$1,000.00
Outlet Structure
1
EA
$3,000.00
$3,000.00
Outlet Pipe (30" RCP)
70
LF
$50.00
$3,500.00
Concrete "V" Ditch
596
LF
$16.00
$9,536.00
Subtotal $71,788.00
Grand Total $235,806.64
Prepared by: Stephen M. Bair
Firm: Abel Engineering Professionals, Inc.
Reviewed by:
City of Pueblo
Date: June 30, 1998
Date: � /-% /F8
E
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Munoz
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(DETENTION FACILITY MAINTENANCE)
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
This Addendum shall be incorporated in and become a part of the August 10, 1998
Subdivision Improvements Agreement for Regency Ridge Subdivision, 6'' Filing__
and enforceable as provided in said Subdivision Improvements Agreement.
1. Subdivider will construct and install as part of the required public improvements for
Regency Ridge Subdivision, 6'' Filing the detention facility and associated improvements
in accordance with the plans and specifications prepared by Subdivider, approved by, and on file
with the City. Subdivider shall replace the top soil after construction of the detention facility and
revegetate by seeding the entire area with a drought tolerant grass mix approved by the City.
Subdivider will provide a temporary irrigation system for, and irrigate the revegetated area after
planting until the grasses are well established. Subdivider will be responsible for all costs associated
with the construction of the detention facility and associated improvements as well as the temporary
irrigation system, revegetation, and irrigation including fees payable to the Board of Water Works
and charges for water.
2. Subdivider will maintain in good condition and repair the detention facility,
associated improvements and revegetation (including irrigation and mowing) until (i) the detention
facility, associated improvements and revegetation are accepted for maintenance in writing by the
City's Director of Public Works (the "City's Acceptance ") and (ii) Subdivider pays the Maintenance
Contribution to City.
3. Subdivider will pay to City the sum of $4,215.00 as a one time contribution
for future detention facility maintenance (the "Maintenance Contribution ") on or before the earlier
of (i) the date of City's Acceptance, or (ii) the date Subdivider requests release from the Subdivision
Improvements Agreement for the last lot or lots in the subdivision, or (iii) the date of issuance of
a Certificate of Occupancy for the last structure in the subdivision.
4. Subdivider will be released from all obligations under this Addendum after City's
Acceptance and receipt by City of the Maintenance Contribution. Thereafter, City will assume the
obligation to maintain the detention facility, associated improvement and revegetation
5. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider
and their respective heirs, personal representatives, successors and assigns.
Executed at Pueblo, Colorado as of August 27, 1998
Subdivider
By
CITY OF PUEBLO, a Municipal Corporation
B y ail - ,
1
1237167 09/02/1998
09:50A SUB AG Chris
C.
IN
Munoz
11 of 11 R 56.00 D
0.00 Pueblo C!y Clk
8
Ree.
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lots 6 & 7, Block I and Lots 1 through 9, Block
2, Regency Ridge Subdivision, 6th Filing, 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 lines in the street or public right
of way.
This notice is dated A 10 1998
SUBDIVIDER
By W�rW k
Name N .D►4-
- �Zkvcx
L(— c_
Title <; �
Address 1;�7 tj
STATE OF COLORADO)
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on - t. Ait - ' I n
1998, by Roger H. Fonda, General Partner of RRDC II, L.L.C., a Limited LiabA A y poration.
My commission expires: si