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HomeMy WebLinkAbout06570Reception 1376106 03/30/2001 ORDINANCE NO. 6570 AN ORDINANCE APPROVING THE LANDINGS AT EAGLERIDGE SUBDIVISION SPECIAL AREA PLAN WHEREAS, The Landings at Eagleridge Subdivision Special Area Plan has been submitted to the Planning and Zoning Commission for approval pursuant to Section 17 -4 -29 of the Pueblo Municipal Code, and WHEREAS, the Planning and Zoning Commission after a public hearing found and determined the objectives and requirements of said Section 17 -4 -29 can and will be met, and WHEREAS, THE Planning and Zoning Commission has recommended the approval of The Landings at Eagleridge Subdivision Special Area Plan without conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: RFC;TTON 1. The Landings at Eagleridge Subdivision Special Area Plan is approved. SF.C'TION 2_ This Ordinance shall be approved upon final passage but shall not become effective until (a) the Ordinance approving the Plat of The Landings at Eagleridge Subdivision becomes effective pursuant to Section 4 of that Ordinance, and (b) the final plat for the special area plan hereby approved is recorded in the office of the Pueblo County Clerk and Recorder. AT - T: City Clerk 1 1 11111111111111111111111111 1376106 03/30/2001 10:32A ORD Chris C. Munea 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Rec INTRODUCED j i 1 y 24, 2000 LIZA Patrick Avalos Councilperson APPROVED / h l Itc President of the Council 7/12/00 Reception 1376108 03/30/2001 DECLARATION OF COVENANTS CONCERNING PRIVATE SANITARY SEWER, DRAINAGE, PUBLIC UTILITIES, SIDEWALKS, PARKING, AND INGRESS & EGRESS EASEMENTS FOR THE LANDINGS AT EAGLERIDGE, A SPECIAL AREA PLAN THIS DECLARATION OF COVENANTS is made as of - , a� , 2001 by Ralph M. Bonham, Manager, Iron Eagle Development, LLC, a Colorado Limited Liability Company, 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 private sanitary sewer, drainage, public utilities, sidewalks, parking, 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 Landings at Eagleridge, 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 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. 11111111111111111111111111111 IN 111111 iii 111111111 IN 1376108 03/30/2001 10:32A DEC C Chris C. Munoz 2. Covenants. 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk 8 Roe (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 g ffect 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. 1111111 11111 11111 1111 11111111 1111 111111 iii 111111111IN 1376108 03/30/2001 10:32A DEC C Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cl.y Clerk & Ree 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. 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. Z 1- - l e DECLARANT Ralph M. Bonham, Manager Iron Eagle Development, LLC A Colorado Limited Liability Company COUNTY OF PUEBLO ) SS. STATE OF COLORADO 1 The foregoing instrument was acknowledged before me this 28th day of Mar. , 2001 by Ralph M. Bonham, Manager, Iron Eagle Development, LLC, A Colorado Limited Liability Company. Witness my hand and official seal. !4nmission expires: ,- i4otary Public 11111111111111111111111111111 IIII 111111 III 11111 1111 IIII 1376108 03/30/2001 10:32A DEC C Chris C. Munoz 4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk 8 Ree EXHIBIT A A parcel of land being a portion of the S 112 of the N 112, and a portion of the N 112 of the S 112 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the northwest comer of Lot 3, Block 1, Eaglecross Subdivision Fifth Filing, according to the recorded plat thereof, riled for record July 13, 1999 at Reception No. 1288586 in the records of the Pueblo County Clerk and Recorder; thence S 2750'48'E (bearings based on the line between the northwest comer of said Lot 3 and the angle point on the west line of Lot 2, Block 1, Eaglecross Subdivision Third Filing, according to the recorded plat thereof, monumented at each end with a No. 4 rebor with yellow plastic cap P.L.S. No. 16128, to bear S 2750'48"E as established on the recorded plat) along the westerly boundary line common to said Lot J. Eaglecross Subdivision Fifth Filing and Lot 2, Block 1, Eaglecross Subdivision Third Filing, a distance of 434.80 feet to the most northerly comer of Lot 1, Block 4, Eaglecross Subdivision Second Filing, thence S 555247W along the northerly line of said Lot 1, a distance of 367.62 feet to a point on the easterly right —of —way line of Eagleridge Circle; thence S 39'37'04"W a distance of 80.00 feet to a point of the westerly right —of —way line of said Eagleridge Circle, thence along an arc of a non — tangent curve to the left whose center bears S 39'37'04"W, having a central angle of 39'04'22 ", a radius of 310.00 feet and a distance of 211.40 feet, thence N 89'27'18"W, a distance of 378.83 feet; thence along the arc of a curve to the left having a central angle of 90'19'59 ", a radius of 210.00 feet and a distance of 331.09 feet; thence S 00'12'43'W, a distance of 339.45 feet to a point on the northerly boundary of said Eaglecross Subdivision Second Filing, thence N 89'47'17'W along said northerly boundary, a distance of 579.28 feet to the northwest comer of Lot 1, Block 2, of said Eaglecross Subdivision Second Filing, thence N 00'55 33'W along the east line of Ridge Gate Filing No. 1 and said east line extended a distance of 924.26 feet, thence N 44'32'13'E, a distance of 280.49 feet, thence S 89'59'50'. a distance of 1336.53 feet to the POINT OF BEGINNING. Said parcel contains 28.77 acres, more or less.