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HomeMy WebLinkAbout06549Reception 1377154 04/06/2001 ORDINANCE NO. 61549 AN ORDINANCE APPROVING THE PLAT OF HEATHERWOOD COURT SUBDIVISION SECOND FILING BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Heatherwood Court Subdivision Second Filing, being a subdivision of land legally described: A parcel of land being a portion of the NE 1/4 of Section 29, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particu- larly described as follows: Parcel A: That part of Lots 1 to 5 and 21 to 33 lying southwest of Highway, being 214.5 feet on West and 313.7 feet on South, Block 105, East Pueblo Heights Subdivision Second Filing, County of Pueblo, State of Colorado. AKA All of Block 105, East Pueblo Heights Subdivision Second Filing, lying south of Colorado State Highway No. 50, according to the recorded plat thereof, filed for record June 4, 1890 in Book 6 at Pages 13 and 14, in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado. Parcel B: Together With: All of vacated Eighteenth Street, lying east of the east right -of -way line of Reading Avenue and all of the vacated alley within said Block 105, according to the recorded plat thereof, filed for record at Reception No. / 3 7 7 / S 3 . Said parcel contains 1.45 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 Chapter 4, Title XII of the 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. 1 1111111111111111111111111111 iii 1111111 iii 11111 1 111 HI 1111 1377154 04/06/2001 10:40P ORD Chris C . 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk 8 Roe 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. 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. " c ,' 6 0 ATTEST: City Clerk INTRODUCED May 8, 2000 By PatriA tvalos (�G�J of the Council 4/28/00 Reception 1377156 04/06/2001 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on - Yti1 a�, r_ k ) r , 2001, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Tartan and Associates, Inc., a Colorado Corporation ( "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 WHEREAS, the Subdivider, as a condition of approval of the final plat of Heatherwood Court Subdivision 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 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 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 judgment of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THERFORE, 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 is 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 10/21/98 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 form 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 (1/2) 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') 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 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. 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 persons 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 form 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. 10/21/98 2 111111111111 1 1 1 1 1 1 1111 I I I II II iii 1111111 iii 1111111111111 1377156 04/05/2001 10:40A SUBD AG Chris C. Munoz 3 of 8 R 40.00 D 0.00 Pueblo Cty Clerk 8 Rec 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site form 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 (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 assign of Subdivider and may be specifically enforce 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 to 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 right -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 form the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the 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 10/21/98 3 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 purposed of the 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 facilities, stormwater detention facilities, or maintenance and 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 specification therefor approved by, and 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 cost 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' 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 or 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, condition 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. 10/21/98 4 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 assign of the City and upon the heirs, successors, assigns and legal representatives of the Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute and 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. Tartan and Associates, Inc. a Colorado Corporation Subdivider: B - -- Kathryn . Wise, resident (SEAL) STATE OF COLORADO ) )ss. COUNTY OF PUELBO ) 10/21/98 5 1 11111111111111111111111111111111111111111111111111 IN 1377156 04/06/2001 10:40A SUED AG Chris C. Munoz 6 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Roe The forgoing instrument was acknowledge before me on 'TyYjh c 4 2 1 — , 2001, by Kathryn R. Wise, President, Tartan and Associates, Inc., a Colorado Corporation. My commission expires: U8- Notary Public Corporation COUNTY OF PUEBLO The foregoing instrument was acknowledged before me on Apri 1 3 , 2001, by Albert L. Gurul e , as President of City Council, and c � Gina Dutcher , as City. Clerk of the City of Pueblo, , 'y commission expires: 8 -21 -2003 J 4 t Jot6aryPublic My Co lmmion Ex li es 08i 21l2 J;? (SEAL) APPROVED AS TO FORM: City Attorney 10/21/98 no 111111111111111111 IN 1111111 iii 1111111 iii 11111 IN IN 1377156 04/06/2001 10:40A SUBD AG Chris C. Munoz 7 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT "A" - I A parcel of land being a portion of the NE '/4 of Section 29, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: Parcel A: That part of Lots 1 to 5 and 21 to 33 lying southwest of Highway, being 214.5 feet on West and 313.7 feet on South, Block 105, East Pueblo Heights Subdivision Second Filing, County of Pueblo, State of Colorado. AKA All of Block 105, East Pueblo Heights Subdivision Second Filing, lying south of Colorado State Highway No. 50, according to the recorded plat thereof, filed for record June 4, 1890 in Book 6 at Pages 13 and 14, in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado. Parcel B: TOGETHER WITH: All of vacated Eighteenth Street, lying east of the east right -of -way line of Reading Avenue and all of the vacated alley within said Block 105, according to the recorded plat thereof, filed for record 41-e- o / at Reception No. 13'771-5 Said Parcel Contains 1.45 acres more or less. 111111111111111111111111111111111111111111111111111111111111111 1377156 04/06/2001 10:40A SUBD AG Chris C. Munoz 8 of 8 R 40.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT B SUBDIVISION: HEATHERWOOD COURT SUBDIVISION SECOND FILING SUBDIVIDER: TARTAN & ASSOCIATES, A COLORADO CORPORATION J.N.: 99- 293 -00 READING AVENUE ITEM IQUANTITY UNITS PRICE TOTAL PAVEMENT 1" as halt overlay 55 EA $36.00 $1,980.00 3" Asphalt on 6" Base Course As alt Patch 51 EA $16.00 $816.00 CONCRETE 265 JEA $29.00 $7,685.00 Curb & Gutter 6" Standard 65 CY $10.00 $650.00 Curb & Gutter Removal 65 LF $4.00 $260.00 WATER 5 EA $500.00 $2,500.00 6" Fire Protection Line 17 $35.00 $595.0 0 6" Public Main 250 LF 1 $35.00 $8,750.00 Sub -total $13,051.00 PRIVATE UTILITIES ITEM QUANTITY I UNITS I PRICE ITOTAL ITOTAL SANITARY SEWER Cleanout 4 EA $500.00 $2,000.00 Service line 60' ROW 5 EA $775.00 $3,875.00 6" Private Main 265 LF $29.00 $7,685.00 WATER 72 CY $50.00 $3,600.00 6" Private Main 192 LF $35.00 $6,720.00 Service line 60' ROW 5 EA $500.00 $2,500.00 Sub -total $22,780.00 Subdivision ITEM QUANTITY UNITS PRICE ITOTAL GRADING Grading CUT & FILL 2180 CY $2.00 $4,360.00 Planting & Establishing Vegetation 0.5 AC $12,000.00 $6,000.00 2' Low Flow Pan 7" Concrete 176 SF $3.80 $668.80 Riprap 72 CY $50.00 $3,600.00 Erosion Control Straw Bales 45 EA $2.00 $90.00 Sub -total $14,718.80 SUB -TOTAL Miscellaneous Contingencies @15% GRAND TOTAL Prepared By: Jennifer E. Powell Checked By: J. Frank Cordova Firm:Man ini & Associates Inc. Reviewed By: City of Pueblo Ll 9 $50,549.80 $7,582.47 $58.132.27 Date: 0 Reception 1377157 04/06/2001 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this "1 day of i Z , 2001 by Kathryn R. Wise, President, Tartan and Associates, Inc., a Colorado Corporation, Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of public utilities and drainage, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached exhibit `B" (the Property). Grantor shall install utilities (the "Facilities ") in the Property in accordance with plans and specifications therefor approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of the Grantor. Failure of the Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right - of -way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. 111111 III11 111111 1111 1111111 III 1111111 III 11111 1111 1111 1377157 04/06/2001 10:40A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree SIGNED this day of 2001. GRANTOR: Kathryn R. ise, President Tartan and Associates, Inc. A Colorado Corporation COUNTY OF PUEBLO ) SS. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of L (r,jv, 2001 by Kathryn R. Wise, President, Tartan and Associates, Inc, Colorado Corporation. Witness my hand and official seal. My commission expires: W 1 d�OC;- Notary Public 1111111111111111111111111111111111111111111111111111111 1377157 04/06/2001 10:40A EASE Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT "B" An easement located within a portion of Lot 2, Block 1, Heatherwood Court Subdivision, according to that plat filed for record February 6, 1997 at Reception No. 1156303 in the records of the Pueblo County Clerk and Recorder, said easement being more particularly described as follows: BEGINNING at the angle point of a public utility, drainage, and public roadway and sidewalk easement from which the most northeasterly corner of said Lot 2 bears N 59 °53'41 "E (bearings based on the north line of said Heatherwood Court Subdivision monumented at each end with No. 4 rebar with yellow plastic cap P.L.S. No. 16128 bearing N 89 a distance of 39.91 feet; thence along said easement the following two (2) courses: 1. S 14 °00'00 "E a distance of 47.29 feet 2. S 00 °00'00 "E a distance of 39.87 feet; thence N 23 °34'59 "W a distance of 93.56 feet to a point on said easement; thence. N 89'58'19"E along said easement a distance of 25.99 feet to the POINT OF BEGINNING. Said parcel contains 0.03 acres more or less VEYOR NO. 16128 1:FJZ DAT Reception 1377158 04/06/2001 DECLARATION OF COVENANTS CONCERNING DRAINAGE EASEMENTS FOR HEATHERWOOD COURT SUBDIVISION SECOND FILING THIS DECLARATION OF COVENANTS is made as of this 20 day of MarcA\ , 2001 by Kathryn R. Wise, President, Tartan and Associates Inc., a Colorado Corporation, 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 and detention purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in attached Exhibit `B ". "Facilities" means and includes private sanitary sewer, drainage, utility, and ingress & egress improvements as shown on plat, 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 Heatherwood Court Subdivision Second Filing. "Subject Property" means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A ". RF,CTTAT.S 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 orderly 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: 1. 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. 1 11111111111111111111111111111111111111111111111 HIM 111111111111 IN 2. Covenants 1377158 04/06/2001 10:40A DEC C Chris C. Munoz 2 of 5 R 25.00 D 0.00 Pueblo Cty Clerk 8 Rec (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 enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this 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 right to do so thereafter, and shall not subject any Lot Owner 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 including 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 agree to submit to the jurisdiction of that Court. 5. Survival 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. I IIIIII 11111 IIIIII 1111 IIIIIII 111 IIIIIII 111111111111 IN 1377158 04/06/2001 10:40A DEC C Chris C. ML 3 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Rec 6. Modification Neither this Declaration of Covenants nor any of the provisions hereof may be canceled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. 7. Applicable 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. DECL T Kathryn R. Wise, President Tartan and Associates, Inc. A Colorado Corporation COUNTY OF PUEBLO ) SS. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of AjAft k2001 by Kathryn R. Wise, President, Tartan and Associates, Inc., a Colorado Corporation. Witness my hand and official se . My commission expires: lD 1 i? 20v2 RA [ SEAL..]` -� A R�Y OF �Iuti�oOt•1C��hat� Notary Public I IIIIII IIIII IIIIII IIII IIIIIII III IIIIIII III IIIII IIII IIII 1377158 04/06/2001 10:40A DEC C Chris C. Muno: 4 of 5 R 25.00 D 0.00 Pueblo Cty Clerk 8 Ree EXHIBIT "A" A parcel of land being a portion of the NE '/4 of Section 29, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: Parcel A: That part of Lots 1 to 5 and 21 to 33 lying southwest of Highway, being 214.5 feet on West and 313.7 feet on South, Block 105, East Pueblo Heights Subdivision Second Filing, County of Pueblo, State of Colorado. AKA All of Block 105, East Pueblo Heights Subdivision Second Filing, lying south of Colorado State Highway No. 50, according to the recorded plat thereof, filed for record June 4, 1890 in Book 6 at Pages 13 and 14, in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado. Parcel B: TOGETHER WITH: All of vacated Eighteenth Street, lying east of the east right -of -way line of Reading Avenue and all of the vacated alley within said Block 105, according to the recorded plat thereof, filed for record q — (, — 0/ at Reception No. 43 7 7/.5 Said Parcel Contains 1.45 acres more or less. 111111111111111111111111111111111111111111111111111 IN 1377158 04/06/2001 10:40A DEC C Chris C. Munoz 5 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Ree EXHIBIT "B" An easement located within a portion of Lot 2, Block 1, Heatherwood Court Subdivision, according to that plat filed for record February 6, 1997 at Reception No. 1156303 in the records of the Pueblo County Clerk and Recorder, said easement being more particularly described as follows: BEGINNING at the angle point of a public utility, drainage, and public roadway and sidewalk easement from which the most northeasterly corner of said Lot 2 bears N 59 °53'41 "E (bearings based on the north line of said Heatherwood Court Subdivision monumented at each end with No. 4 rebar with yellow plastic cap P.L.S. No. 16128 bearing N 89 °58'1 9"E) a distance of 39.91 feet; thence along said easement the following two (2) courses: 1. S 14 °00'00 "E a distance of 47.29 feet 2. S 00 °00'00 "E a distance of 39.87 feet; thence N 23 °34'59 "W a distance of 93.56 feet to a point on said easement; thence. N 89 along said easement a distance of 25.99 feet to the POINT OF BEGINNING. Said parcel contains 0.03 acres more or less 4 PROFF-SSOMZ OR NO. 16128 DA—T# Reception 1377159 04/06/2001 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner of Lot 1, Block 1, Heatherwood Court Subdivision Second Filing, Pueblo County, Colorado, and their heirs, personal representatives, successors and assigns, that sanitary sewer service to the basements of this lot may require a pumping system due to the elevation of the sanitary sewer line in the street or public right of way. This notice is dated 'TYI a h c h 37 2001. SUBDIVIDER Kathryn R. Wise, President Tartan and Associates, Inc. A Colorado Corporation COUNTY OF PUEBLO ) SS STATE OF COLORADO 1 The foregoing instrument was acknowledged before me this �-7 day of t, 2001 by Kathryn R. Wise, President,Tartan and Associates, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: l_o 1 1? I:gW : - t,.o ... [ SEAL 0 T A R Notary Public