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HomeMy WebLinkAbout07088Receptionn 1604627 01/28/2005 ORDINANCE NO. 7088 AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST SUBDIVISION, FILING NO. 6 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Regency Crest Subdivision, Filing No. 6 being a subdivision of land legally described as: All of Lots 1 through 5, 44 through 48, and a portion of Lots 6 and 43, block 2; and all of Lots 44 through 48, and a portion of Lots 1 through 6 and a portion of Lot 43, block 3, all in Chicago Heights, together with that portion of vacated Arroyo Avenue, Morgan Street, Halstead Street and the vacated alleys adjacent thereto as contained in Ordinance No. 4377 recorded November 23, 1977 in Book 1911 at Page 464 described as follows: A parcel of land being a art of the SW /4 of the SW /4 of Section 4, Township 21 South, Range 65 West of the 6 P.M., also being a part of Blocks 2 and 3 and that portion of the vacated streets and alleys accruing to said Blocks, all in Chicago Heights, according to the recorded plat thereof, filed for record October 25, 1890, more particularly described as follows: Beginning at the northwest corner of the Meadows Filing No. 1, according to the recorded plat thereof filed for record November 23, 1977, said point being on the north line of said SW /4 of the SE /4; thence South 01 22' 39" West, along the west line of said the Meadows Filing No. 1, a distance of 170.00 feet to the northeast corner of the Meadows Filing No. 4, according to the recorded plat thereof filed for record January 14, 1980; thence North 88 37' 21" West, along the north line of said the Meadows Filing No. 4, a distance of 586.29 feet; thence North 01 ° 22' 39" East , a distance of 170.00 feet to the north line of said SW /4 of the SE /4; thence South 88 37' 21" East, along said north line, a distance of 586.29 feet to the point of beginning, County of Pueblo, State of Colorado. LESS AND EXCEPT those portions conveyed to the City of Pueblo, in deed recorded February 25, 1997 in Block 2972 at Page 538. containing a calculated 1.6150 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 open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement 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 requirements of the City with such modifications, if any, approved by City Council, 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 Pueblo Municipal Code, 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 becomes effective. D CG. rj ATTES`I'M BYE° INTRODUCED: November 24, 2003 BY: Al Gurule CO U P ON APPROVED: PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: December 22, 2003 ED Background Paper for Proposed ORDINANCE I ' AGENDA ITEM # 3Gs DATE: NOVEMBER 24, 2003 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATION /JIM MUNCH, ACTING DIR. TITLE AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST SUBDIVISION, FILING NO. 6 ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning Commission voted (6 -0) unanimously to recommend approval. BACKGROUND The applicant is proposing to subdivide the existing parcels into ten (10) lots, ranging in size from 5,514 to 6,517 square feet, for single - family home development. All of the conditions of approval have been addressed to the satisfaction of the Public Works Director. This application is concurrent with Special Area Plan SAP- 03 -03, which was also approved unanimously. FINANCIAL IMPACT None Receptionn 1604629 01/28/2005 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on December 21 2004 between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and C. T. Proctor ( "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 V Crest Subdivision, Filing No. 6, A Special Area Plan ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and 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 DPW 101 4/9/04 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 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 cost 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 (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') 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 (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 recent 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. 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 101 2 04/09/04 IIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Pa ge: 60 of 8 A ChrisC.Munoz Pueb1oCtYC1k &Rec SVBD AG R 41.00 D 0.00 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, 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 the 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 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 compete 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 Required Public Improvements. DPW 101 3 04/09/04 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 604629 ChrisC.Munoz PuebloCtYM &Rec SUBD AG R 41.00 D 0.00 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 or encumbrance 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 arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to described or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City DPW 101 4 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII 0 60462940A ChrisC.Munoz PueblOCtYMMec SUBD AG R 41.00 D 0.00 Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within five (5) years from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control. (b) If the Required Public Improvements are constructed and installed after five (5) yeas from the date hereof, Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Public Improvements, they shall control as so modified and amended. 15. Except for Omitted Public Improvements, latent defects in construction, design or work, and guarantee required by Section 12- 4- 70)(9)(a) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and acceptance by the Director of Public Works of the Required Public Improvements described in attached Exhibit « 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. 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. DPW 101 04/09/04 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 604629 ChrisC.Munoz Pueb1oCtyC1k&Rec SUBD FIG R 41.00 0 0.00 (SEAL) The foregoing by My commission expires: 5_l3 -O$ CRYSTAL L. TROUT NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/13/2008 V Subdivider � � Lo CITY 11-0 /r��� /r i P u b lic a City k r. e STATE OF COLORADO ) • sp Y � � ) ss. COUNTY OF PUEBLO ) a The foregoing instrument was acknowledged before me this 18th day of January 2005 by Robert D. Schilling. Jr. ,as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. d and official seal. expires: 8 -21 -2007 Notary Public mm l" City Attorney before me on &,e —I) r Z Z & , Subdivider. DPW 101 6 04/09/04 Exhibit u A n Regency Crest Subdivision, Filing No. 6, A Special Area Plan All of Lots 1 through 5, 44 through 48, and a portion of Lots 6 and 43, block 2; and all of Lots 44 through 48, and a portion of Lots 1 through 6 and a portion of Lot 43, block 3, all in Chicago Heights, together with that portion of vacated Arroyo Avenue, Morgan Street, Halstead Street and the vacated alleys adjacent thereto as contained in Ordinance No. 4377 recorded November 23,1977 in Book 1911 at Page 464 described as follows: A parcel of land being a part of the SW /4 of the SW /4 of Section 4, Township 21 South, Range 65 West of the 6th P.M., also being a part of Blocks 2 and 3 and that portion of the vacated streets and alleys accruing to said Blocks, all in Chicago Heights, according to the recorded plat thereof, filed for record October 25,1890, more particularly described as follows: Beginning at the northwest corner of the Meadows Filing No.l, according to the recorded plat thereof filed for record November 23,1977, said point being on the north line of said SW /4 of the SE/4; thence South 01 22'39" West, along the west line of said the Meadows Filing No.l, a distance of 170.00 feet to the northeast corner of the Meadows Filing No.4, according to the recorded plat thereof filed for record January 14,1980; thence North 88° 3721' West, along the north line of said the Meadows Filing No.4, a distance of 586.29 feet; thence North 01 22' 39' East, a distance of 170.00 feet to the north line of said SW /4 of the SE /4; thence South 88° 37'21' East, along said north line, a distance of 586.29 feet to the point of beginning, County of Pueblo, State of Colorado. LESS AND EXCEPT those portions conveyed to the City of Pueblo, in deed recorded February 25, 1997 in Book 2972 at Page 538. containing a calculated 1.6150 acres, more or less. IIIIII VIII IIIIII III III Hill IIII 1111 16O of 8 p ChrisC.Munoz Pueb10CtyC1k &Rec SUBD AG R 41.00 0 0.00 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" Subdivision Name: Developer: Engineer. Unit Description Street Improvements 6 Sidewalk Regency Crest Subdivision, Filing No. 6, A Special Area Plan The Proctor; Family Partnership, LLLP & Domega Homes, LLC Quentin N. Armijo Quantity Units Unit Cost 2,550.00 SF $2.50 Subtotal Street Improvements: Drainage Pond Outlet Structure 3.00 LS $500.00 Subtotal Drainage: Sanitary Sewer Existing Service Line already installed with Red Creek Springs Road Improvements Subtotal Sanitary Sewer Water Distribution Existing Service Line already installed with Red Creek Springs Road Improvements Subtotal Water Distribution: Total Subdivision Improvements: Cost $6,375.00 $6,375.00 $1,500.00 $1,500.00 $0.00 $0.00 $0.00 $ 7,875.00 This is an estimate only, utilizing prices from the UNIT PRICE LIST FOR EXHIBIT "B" as provided by the City of Pueblo and may not include all construction costs. Actual construction costs may vary. ' The UNIT PRICE LIST FOR EXHIBIT wW is for the year 2002. The city did not have an updated 2003 list at the time this Subdivision Improvement Agreement was calculated. The undersigned hereby depicts the quantities nei hereon are the most curl PREPARED BY: ties of construction elements shown hereon accurately xiuired Public Improvements (it) the unit prices shown the City of Pueblo. P.E. REVIEWED IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 462940A Chr oCt C1k &Rec SURD AG R 41.00 D 0.00 ChrisC.Munoz Puebl Y _ DOCUMENT RECEIVED FOR RECORDING NOT LEGIBLE FOR. IMAGING Receptionn 1604630 01/28/2005 ADDENDUM WHEREAS, the undersigned Declarant is the owner of all real property located within Regency Crest Subdivision, Filing No. 6 , a Special Area Plan (the "Special Area Plan "), and WHEREAS, Declarant has or intends to record a declaration or other instrument creating a common interest community pursuant to the Colorado Common Interest Ownership Act for the real property within the Special Area Plan (the "Declaration "), and WHEREAS, the Declaration is entitled Declaration of Covenants, Condition and Restrictions of Regency Crest, dated February 27, 2002, and and recorded at Reception No. 1427381 WHEREAS, the Declaration provides that an associates or unit owners' association is or shall be organized under Section 38- 33.3 -301, C.R.S. (the "Association "), and WHEREAS, the City of Pueblo requires as a condition of the approval of the Special Area Plan that the Declarant clarify the duties and obligations of the unit owners and the Association with respect to public improvement and/or common area improvements within the Special Area Plan, the maintenance, repair and replacement of which the City will not undertake or be responsible for. NOW, THEREFORE, in consideration of the foregoing and City of Pueblo's approval of the Special Area Plan, Declarant hereby amends the Declaration by the addition of the following covenant which shall be incorporated in the Declaration and made a part thereof: Association shall be responsible for the maintenance, repair, and replacement of all drainage structures or facilities, and all other public improvements required by the City of Pueblo as a condition of the approval and development of the Special Area Plan or any part thereof ( "Public Improvements ") as well as all common area and common area improvements shown on the plat of the Special Area Plan or any part thereof or described in the Declaration ( "Common Area Improvements "), except those Public Improvements which have been dedicated to and accepted in writing by the City of Pueblo for the purpose of maintenance, repair, or replacement. If the Public Improvements and /or Common Area Improvements are not properly maintained, repaired, or replaced by the Association, the City of Pueblo may, but shall have no obligation to (a) institute legal proceedings in its name against the Association and/or owners of real property within the Special Area Plan in the Pueblo County District Court to specifically require the Association and/or owners of real property within the Special Area Plan to maintain, repair, or replace the Public Improvements and/or Common Area Improvements and to impose and collect assessments and fees therefor in accordance with the provisions of the Declaration and the Colorado Common Interest Ownership Act; and for such purpose, the Association and all DPW 112 02/06/02 owners of real property within the Special Area Plan consent to the jurisdiction of that Court and the right and standing of the City of Pueblo to institute and proceed with such legal proceedings, or (b) perform such maintenance, repair, or replacement as the City of Pueblo in its sole discretion may determine and impose a lien for all costs thereof incurred by the City of Pueblo plus an administrative fee of fifteen percent (15 %) upon all the real property located within the Special Area Plan. City's lien shall have the same priority and may be collected in the same manner as a lien for assessments pursuant to Section 38- 33.3 -316, C.R.S., or as same may be amended. Failure of the City of Pueblo to enforce this covenant shall not subject the City of Pueblo to any liability for such failure. In the event any action is instituted to enforce this covenant, the Court shall award the prevailing party its cost and expenses, including reasonable attorney's fees. This Addendum shall be recorded contemporaneously with the recording of the Special Area Plan and Declaration and shall be and be construed to be a covenant running with the land within the Special Area Plan and binding upon Declarant and the owners of the land within the Special Area Plan, and their respective heirs, personal representatives, successors, and assigns. Executed the 22 &tj( day of P q G K N-t b !r r , 20 4D DECLARANT C-T, fro c+vr Name /y B Name: Title: STATE OF (JJQr&1i0 ) ss. COUNTY OF P(,U,�JJQ ) The foregoing instrument was jicknowledged before met is ZZ day of as of Witness my hand and official seal. My Commission Expires: 13- 09' =RYSTAL ota ublic DPW 112 02/06/02 nn fission Expires o5/13/2oo8 Receptionn 1604631 01/28/2005 DECLARATION OF COVENANTS CONCERNING PRIVATE UTILITY EASEMENTS FOR (type of easement) Re gency Crest Subdivison, Filing No. 6, A Special Area Pl (name of subdivision) THIS DECLARATION OF COVENANTS is made as of December 21 , 2004 ,byC. T. Proctor 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 landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits (`B ", "C "). Facilities means and includes Private driveways, sanitary sewer lines, water lines, and drainage facilities 2 , 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 Regency Crest Subdivison, Filing No. 6, A Special A rea 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. 1. Insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 60463O.40A ChrisC.Munoz Pueb1oCtYC1k &Rec DEC C R 21.00 D 0.00 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. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore 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 costs 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. DPW 105 02/05/02 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 604630:40A 3. Binding Effect ChrisC.Munoz Pueb1oCtyC1k &Reo DEC C R 21. 00 0 0.00 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. 6. Modification Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 02/05/02 7. A mAicable Law IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P 60463e.40A ChrisC.Munoz Pueb10CtyC1k&Rec DEC C R 21.00 D 0.00 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. l Declarant COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) Tl a foregoing instrument was acknowledged before me this 2 Z... .day of X by ('J C hr Witness my hand and official seal. My commission expires: U L ko '84YSTAL L. TROUT Notary Public NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05 /13/2008 DPW 105 4 02/05/02