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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, 1 IIIIII 1111111111 IIIIIII 111 IIIIII 11111111111111 IIII IIII 1237163 09/02/1998 09:30A ORD Chris C. Muno: 2 of 3 R 16.00 D 0.00 Pueblo Cty Cik & Rec. 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. 111111 11111 11111 1111111 III 11111111111111111111111 1111 237165 09/02/1998 09:5011 ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rec. 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 DPW 2/18/98 1 IIIIII 1111111111 IIIIIII 111111111 IIIIII 111111111111 IN 1237167 09/02/1998 09:50A SUB AG Chris C. Munoz 2 of 11 R 56.00 D 0.00 Pueblo C!y Clk 8 Rae. 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. DPW 2/18/98 2 1111111111111111111111111111111111111111111111111111111111111 1237167 09/02/1998 09:50A SUB AG Chris IN C. Muno: 3 of it R 36.00 D 0.00 Pueblo 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. DPW 2/18/98 3 1111111111111111111111111111111111111111111111111111111111111 IN 1237167 09/02/1998 09:50A SUB AG Chris C. Mi 4 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Ree. 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, DPW 2/18/98 4 1 IIIIII 11111111111111111111111111 IIIIII 111 IIIII IIII IN 1237167 09/02/1998 09:50A SUB AG Chris C. Munoz S of 11 R 36.00 D 0.00 Pueblo C!y Clk & Roe. 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 ) N • er. All KPTHY A. Coy CITY OF PUEBLO, a Municip Corporation By: L President of th ouncil DPW 2/18/98 5 ss. 111111111111111111111111111111111111111111111111111 IN 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 DPW 2/18/98 6 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. 1 111111 1111111111 1111111 iii 111111 111111 iii 111111111 IN 1237167 09/02/1998 09:50A SUB AG Chris C. Hunan 8 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Roe. 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 111111111111111111111111111111111111111111111111111 IN 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 111111111111111111111111111111111111111111111111111111 Munoz 10 of 11 R 56.00 D 0.00 Pueblo Cl.y Clk & Rea. (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