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HomeMy WebLinkAbout06616Reception 1391989 07/12/2001 ORDINANCE NO. 6616 AN ORDINANCE APPROVING LOS CORRALES SUBDIVISION, 2ND FILING SPECIAL AREA PLAN WHEREAS, the Los Corrales Subdivision, 2nd Filing 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 Los Corrales Subdivision, 2nd Filing Special Area Plan without conditions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Los Corrales Subdivision, 2nd Filing, Special Area Plan is approved. SECTION 2. This Ordinance shall be approved upon final passage but shall not become effective until (a) the Ordinance approving the Plat of Los Corrales Subdivision, 2nd Filing, 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. r November 13 , 2000 "ti INTRODUCED ATT By Al Gurul e ' Co ci�'person i APPROVE 1 LL 1 , .0 President of the City Council PASSED AND APPROVED Nnvemher 27 11/2/00 Reception 1391987 07/12/2001 SUBDIVISION E�TROVEMENTS AGREEMENT THIS AGREEMENT is made on Moxd Z6 , 2001 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Joseph Vega, Managing Member of Vega Construction, L.L.C., a Colorado Limited Liability Company ("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 Los Corrale Subdivision, 2nd Filing, _ A Special Area Plan ( "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: 1. 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, subj ect to an escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 10/21/98 111111 HIM 11111111111111111111111111111111111111 HIM 1111 IN 1391987 07/12/2001 10:25A SUBO AG Chris C. Munoz 2 of 12 R 60.00 0 0.00 Pumhla Cty Clerk A Ree 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 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 ('/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') 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 Director of Public Works is based. 4. Within one hundred eighty (18 0) 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 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 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. DPW 101 10/21/98 2 111111 llill 111111 11111 llill Illll 111111 111 llfll 1111 1111 1391987 07/12/2001 10:25A SUED AG Chris C. Munoz 3 o 12RST.000 0.00P'usthlaC #.y Clerk 8Rec 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 124-7 (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 assigns 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 fast 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 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 DPW 101 10/21/98 3 111111 11111111111 IIIII 1391987 07/12/2001 IIIII 11111 111111 III 10:25A SUBD AG 11111 Chris IIII C. IN Munoz 4 of 12 R OT.To n 0.00 Pueblo Ct.y Clerk 8 Rec 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 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 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 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 DPW 101 10/21/98 4 111111 11111111111 1391987 IIIII 07/12/2001 II {II 11111 II {III III 10:25A SUBD AG 11111 Chris 1111 C. IN Munoz 5 of 12 R 80.00 D 0.00 Pvob l a Ct.y Clerk 8 Rec 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, 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. Subdivid , (SEAL) By: Joseph Vega, Managing Memeber of Vega Construction, L.L.C., a By: Colorado Limited Liability Company STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) DPW 101 10/21/98 5 111111 11111 1391987 111111 11111 07/12/2001 11111 11111 111111 III 10:25A SUBD AG II {II Chris 1111 C. 1111 Munoz 5 of 12 P 60.0,0 D 0.00 Pueblo Cty Clerk B Ree The foregoing instrument was acknowledged before me on Ch ZG , 2001 , b Joseph Vega, Managing Memeber of Vega Construction, L.L.C., a Colorado Limited Liability Company Subdivider. My commission expires: 6AF" - q i ZWZ (SEA,�.) 0 City STATE OF COLORADO ) ) ss. COUNTY OF COLORADO ) Notary Pub ���•' U LA f q ' :; The foregoing instrument was acknowledged before me on June _ 2001, by Al Guru 1 e , as President of City Council, and Gina Dutcher , as City Clerk of the City of Pueblo, C016- r T� My ca�sion expires: 8 -21 -2003 t ' I iota�ry Public fib' �. S$� )n it ':5 'j, APPROVED AS TO FORM: City Attom DPW 101 10/21/98 6 111111 11111111111 1391987 III1I NIII 11111111111 NI 07/12/2001 10:23A SUED AG III1I 1111 Chris C. 1111 Munoz 7 of 12 R 60-M 0 0.00 Pueblo Cty Clerk R Rec MR- W el : 1 A portion of land located within the Northeast' /4 of the Northwest' /4 and the Northwest' /4 of the Northeast 1 /4 of Section 29, Township 20 South, Range 64 West, of the 6th Principal Meridian, being more particularly described as: All of Los Corrales Subdivision, according to the recorded plat thereof, filed for record October 14, 1986 in Book 2311 at Page 463 of the Pueblo County Records. 11111111111111111111111111111111111111111111111 IIII IIII 1391987 07/12/2001 10:25A SUBD AS Chris C. Munoz 8 of 12 R 00.00 D 0.00 Puebla Ci.y Clerk A Ree EXHIBIT B SUBDIVISION NAME: Los CORRALES SUBDIVISION, 2 ND FILING A SPECIAL AREA PLAN DEVELOPER: VEGA CONSTRUCTION, L.L.C. ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC. STREET IMPROVEMENTS 21 Street Remove 6" Curb & Gutter 192 LF (cry, $8.00 / LF = $1,536.00 New 6" Curb & Gutter 192 LF g $10.00 / LF = $1,920.00 Asphalt Patch (at curb removal locations) 13 tons @ $45.00 / ton = $585.00 One Inch Asphalt Overlay 112 tons k $45.00/ ton = $5,040.00 Handicap ramp 129 ft A $3.50/ ft 2 = 451.50 SUBTOTAL = $9,532.50 Queens Street Remove 4" Rolled Curb & Gutter 24 LF k $8.00/ LF = 192.00 New Curb & Gutter 21 LF g $10.00 / LF = 210.00 3" Wide Two Bay Sidewalk Culvert 1 ea. 2 $800.00 /ea. = 800.00 Street Light 1 ea. @,, $1,300.00 /ea. = $1,300.00 SUBTOTAL = $2,502.00 8 I , I Portland Avenue u o C .y Clerk 8 Rea 7" ReinforcedConcrete Bike Path w/ Ramp 2,145 ft @ $3.80/ ft = $8,151.00 111111111111111111111111111111111111111 III 11111 1111 1111 1391987 07/12/2001 10:25A SUBD AG Chris C. Munoz 9 o 12RSTTOmAamP bl t S��B T OTAL =$8,151.00 UTILITY IMPROVEMENTS Sanitary Sewer Main ( 6" PVC ) 308 LF @ $28.00 / LF = $8,624.00 Water Main ( 4" PVC ) 322 LF @ $40.00 / LF = $12,880.00 Sanitary Sewer Service lines 18 each @ $787.00 each = $14,166.00 Water Service lines 18 each @ $500.00 each = $9,000.00 Sanitary Sewer Clean-Outs (6 ") 4 each @ $75.00 each = 300.00 SUBTOTAL = $44,970.00 DRAINAGE AND GRADING Concrete Pan (3' wide) 976 LF (g, $7.50 / LF = $7,320.00 Concrete Trickle Channel (2' wide) 168 LF @a, $5.00 / LF = 840.00 Retaining Wall (4' high) 546 LF @ $70.00 / LF = $38,220.00 Retaining Wall (5' high) 144 LF na, $85.00 / LF = $12,240.00 Concrete Trickle Pan (4' wide) 13 LF 2 $20.00/ LF = 260.00 Detention Basin Outlet Structure I I each (2 $3,000.00 each Detention Basin Spillway (4" concrete) 300ft 18" Poly Pipe 34 LF @ $36.00 / LF 12" Poly Pipe 92 LF 2 $30.00 / LF Type "S" Inlet, L= 4' 1 each (ate $2,200.0 each Overlot Grading 12,907 cy @ $2.00 /gy Planting and Establishing Vegetation 1.8 acres 2 $12,000.00 acre = $3,000.00 750.00 = $1,224.00 = $2,760.00 = $2,200.00 = $25,814.00 = $21,600.00 SUBTOTAL = $116,228.00 GRAND TOTAL ................ = $ 181,383.50 PREPARED BY: Melanie C. Turner DATE: June 5, 2001 FIRM: ABEL ENGINEERING PROFESSIONALS, INC. REVIEWED BY: L/ Cam 1. /s o / CITY OF PUEBLO DATE 111111111111 llllll 11111 IIIII 11111 111111 III 111111 III IN 1391987 07/12/2001 10:23A SUBD AG Chris C. Munoz 10 *f 12 R 53,00 D 0.410 Puebla Cty Clerk & Rec 10 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lots 1 through 18, Los Corrales Subdivision, 2nd Filing, A Special Area Plan, 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 I , 2001 SUBDIVIDER By Name: ��ph Vega Title: Managing Member, Vega Construction, L.L.C. a Colorado Limited Liability Company STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on zu C�N , 2001, by Joseph Vega Managing Member of Vega Construction, L.L.C., a Colorado Limited Liability Company, herein the "Declarant." Witness my hand and seal My commission expires: 11111111111111111111111111111111111111 III 111111111 IN 1391987 07/12/2001 10:25A SUBD AG Chris C. Munoz it aF 12 R 90.00 D 0.00 Pripbla Cty Clerk A Rec T Notary Pubic y 11111111111111111111111111111111111111 III 111111111 IN 1391987 07/12/2001 10:25A SUBD AG Chris C. Munoz it aF 12 R 90.00 D 0.00 Pripbla Cty Clerk A Rec 111111111111111111111111111111111111111111 1391987 07/12/2001 10:23A SUED HIM III AG Chris C. IN Munoz 12 of 12 R 60.00 D 0.00 Pvebla Cty Clerk 8 Ree RATIFIACTION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded December 13, 1996 in Book 2953 at Page 976 does hereby ratify and consent to the subdivision of the land platted as Los Corrales Subdivision, 2 nd Filing, A Special Area Plan shown on the Subdivision Plat recorded at Reception No. /,3 919,? L of the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and the City of Pueblo executed in conjunction therewith. Signed this day of 2001 BARCO MAR ASSOCIATES WA R, K 4AMwoo, 5 AWJJ m10 Title: �.- STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of C, ,A , 2001 by Carla M. Barela, Partner of Barco Mar Associates. My Commission Expires: J C '. S, Public: �� Notary Reception 1391988 07/12/2001 DECLARATION OF COVENANTS CONCERNING THE PRIVATE SANITARY SEWER & DRAINAGE EASEMENT FOR LOS CORRALES SUBDIVISION, 2nd FILING, A SPECIAL AREA PLAN THIS DECLARATION OF COVENANTS is made as of March 26, 2001 by Joseph Vega, Managing Member of Vega Construction, L.L.C., 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 driveways, private sanitary sewer facilities, private storm sewer facilities, drainage improvements, private water lines, gas lines, and electrical lines located in an Easement. "Facilities" shall also mean all surface improvements in Parcel "A" and Parcel `B" as shown on the Subdivision plat. "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 Los Corrales Subdivisiop, 2 Filing, 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. 111111 11111 111111 11111 11111 111111 11111 111 11111 1111 1111 1391988 07/12/2001 10:25A DEC C Chris C. Munoz 2 of 5 R 2 D 0.00 Puebla Cty Clerk & Ree 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. 2. Covenants. (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 � 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. 1 111111 11111 111111 1111111 1391988 07/12/2001 10 3 o 5R25.091D 0 .00 4. Enforcement. 11 111111 11111 111111111111 IN 25A DEC C Chris C. Munoz Puebla C#.y Clerk 8 Rec (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 :ailure 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 parry 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. 6. Modification. Neither this Declaration 4 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. Declarant 111111 11111 111111 11111 11111 111111 11111 III 11111 1111 IN 1391988 07/12/2001 10:25A DEC C Chris C. Munoz 4 of 5 R 25.00 n A 00 Pueblo Ct.y Clerk & Ree STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 13"-D' day of , - Ao , 2001, by Joseph Vega, Managing Member of Vega Construction, L.L.C., a Colorado Limited Liability Company. Witness my hand and official seal. Lo . 3 My ocMy emission expires r ...... 1 1.11111 ff1 /I Not Pub ' ��`{ A•, C to -, �•. T T�.•0F•C0�'�¢ r. 11111111111 IIIIII 11111 IIIII 111111 11111 III 11111 1111 1111 1391988 07/12/2001 10:25A DEC C Chris C. Munoz 5 of 5 R 25.00 D 0 00 Pueblo Cty Clerk 8 Roe EXHIBIT A A portion of land located within the Northeast' /4 of the Northwest' /4 and the Northwest' /4 of the Northeast' /4 of Section 29, Township 20 South, Range 64 West, of the 6th Principal Meridian, being more particularly described as: All of Los Corrales Subdivision, according to the recorded plat thereof, filed for record October 14, 1986 in Book 2311 at Page 463 of the Pueblo County Records.