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
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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.
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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.
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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
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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.