HomeMy WebLinkAbout07133Reception 1591277
10/25/2004
ORDINANCE NO. 7133
AN ORDINANCE APPROVING THE PLAT OF
EAGLE HEIGHTS SUBDIVISION, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Eagle Heights Subdivision, Filing No. 2, being a subdivision of
land legally described as:
A portion of land located within the Northwest 1 / of the Northwest '/4 of Section 13,
Township 20 South, Range 65 West, of the 6 Principal Meridian, Pueblo County, State
of Colorado, being more particularly described as:
All of Eagle Heights, A Special Area Plan, according to the record plat thereof filed for
record at Reception No. 1328022 of the Pueblo County records, Pueblo, Colorado.
Said Parcel contains 4.85 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.
ti ou Qero.._,
t° for INTRODUCED: April 12, 2004
g BY: Michael Occh i ato
COAJNCILPERSON
APPROVED:
PRESIQ)2 OF CITY COUNCIL
ATTESTED BY:
TY CLERK
PASSED AND APPROVED: April 26, 2004
i
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Q I
DATE: APRIL 12, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH
LAND USE ADMINISTRATORMAMES MUNCH, ACTING DIR.
TITLE
AN ORDINANCE APPROVING THE PLAT OF EAGLE HEIGHTS
SUBDIVISION, FILING NO. 2
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
The Planning Commission voted unanimously (6 -0) to recommend approval.
BACKGROUND
Eagle Heights Subdivision, Filing No. 2 is generally located on the northside of
Pueblo, northeast of the intersection of Paseo Del Norte and Fortino Blvd.
The applicant wishes to subdivide the 4 acre parcel into 15 lots for the purpose of
constructing single - family homes with private sewer, utilities, and street system.
This is a resubdivision of Eagle Heights Subdivision Special Area Plan.
This application is being submitted concurrently with Special Area Plan
SAP- 04 -01, and vacation of easements (V- 04 -02) lying within Eagle Heights
Subdivision Special Area Plan, which were both approved by the Planning
Commission. The applicant has complied with all of the items listed in the SCR
memo dated January 28, 2004 as confirmed in the memo from Joe Martellaro
dated March 25, 2004 and is in compliance with the conditions of approval made
by the Planning and Zoning Commission on February 11, 2004.
FINANCIAL IMPACT
None
Reception 1591279
10/25/2004
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on /TuxrkiS7 i C, , between the
CITY OF PUEBLO, a Municipal Corporation ( "City"), and
Vela 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
ram r LFSnr -•� 7 .. � i
( "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:
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, subject to an
DPW 101
4/9/04
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 59 0 279 13
ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00
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.
DPW 101 2
04/09/04
IIIIIII 111111111111111111111111111111111111111111111111 1591279 of 9
ChrisC.Munoz Pueb1oCtYC1k &Rec SUBD AG R 46.00 D 0.00
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
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
DPW 101 3
04/09/04
IIIIIII IIIII IIIIII IIIII III 11111111111111111111111111111 059 004 13
ChrisC.Munoz PUeb1oCtyC1kBRec SUBD AG R 46.00 D 0.00
Works, Subdivider and the subdivided land shall remain liable and responsible for all
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 strdcture 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
DPW 101 4
04/09/04
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0/25/2004 004:13
GhrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00
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
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.
DPW 101 5
04/09/04
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII 159 279
ChrisC.Munoz Pue6loCtyClk &Rec SUED AG R 46.00 D 0.00
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
Construction, L.L.C.
Subdivider
(SEAL)
The
My commission
M
city
`n,
F
`
By: Joseph D. V , Managing Partner
By:
acknowledged /ore o n 8 — l l —o '
�
:NN F,qd,
NO TARY G!°
P VBL/c
o
�F COLZ
MY
M$rh 22°� 80 80
STATE OF COLORADO
COUNTY OF PUEBLO
Notary Public
CITY OF PUEBLO, a Municipal Corporation
N01 President of City Council
_ X 11
i `.�.
The foregoing instrument was acknowledged
Oc r , 2004 by
President of City Council, and G 'l Yl n D u 1
Pueblo, Colorado.
d and official seal.
expires: _ 2-91 -2GQ2
��
City Attome
me tth " *1 day of
44 I urn n , as
Y as City Clerk of the City of
DPW 101 6
04/09/04
EXHIBIT "A"
A portion of land located within the Northwest % of the Northwest % of Section
13, Township 20 South, Range 65 West, of the 6 th Principal Meridian, Pueblo
County, State of Colorado, being more particularly described as:
All of Eagle Heights, A Special Area Plan, according to the recorded plat thereof
filed for record at Reception No. 1328022 of the Pueblo County records, Pueblo,
Colorado.
Said Parcel contains 4.85 Acres, more or less.
1111111111111111111111111111111111111111111111111111111 059 004 0913
ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00
VA
1111111111111111111111111111111111111111111111111111111 0 /29 004 13
ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD PG R 46.00 D 0.00
EXHIBIT "B"
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
Private Street Improvements
Eagle Heights, A Special Area Plan, 2nd Filing
Vega Construction, LLC
C & M CONSULTING, LLC
Asphalt Paving (5" full depth)
2,640 SY (a- $13.00 /SY = $ 34,320.00
Curb & Gutter
2,480 LF (a)_ $10.00 /LF = $ 24,800.00
Water Lines & Amenities
6" PVC (Water Main w / valves)
995 L F (a-) $40.00 /LF = $ 39,800.00
Service Lines (use Pricing for 60' R.O.W.)
15 EA (ED $500.00 EA = $ 7,500.00
Sanitary Sewer Lines & Amenities
8" PVC (Sewer Main)
870 LF (D- $30.00 / LF = $ 26,100.00
6" PVC Cleanouts
20 EA (aD- $75.00 EA = $ 1,500.00
Service Lines (Use pricing for 60' R.O.W.)
15 EA Ca. $1.000.00 EA = $15,000.00
SUBTOTAL = $149,020.00
Drainage Improvements
Storm Sewer
Manhole (Type'1 -B')
1 EA Q- $ 2.250.00 EA = $ 2,250.00
24" RCP
570 LF (a7 $40.00/ LF = $22,800.00
U
1111111111111111111111111111111111111111111111111111111 059 02793
ChrisC. Munoz Pue6loC tyClk &Reo SUED AG R 46.00 D 0.00
18" RCP
107 LF Cad $38.00 /LF = $ 4,066.00
Type 'S' Inlet (L =4')
1 EA Q $2,500.00 EA = $ 2,500.00
Type 'S' Inlet (1 =5)
1 EA a- $2,700.00 EA = $ 2,700.00
Drop Inlet (L =4')
2 EA a- $3,000.00 EA = $ 6,000.00
Trickle Pan
40 LF (aD $20.00 /LF = $ 800.00
Headwall and Pipe Outfit
1 EA (aD $1,500.00 EA = $ 1,500.00
SUB -TOTAL = $42,616.00
GRAND TOTAL = $191,636.00
This is an estimate only. Actual construction costs may vary.
PREPARED BY: John D. Chrisman P.E.
FIRM: C & M Consulting, LLC
The undersigned hereby certifies that (i) the Required Public Improvements shown
hereon and the Plans and Specifications therefore constitute all of the public
improvements required to be installed and constructed for the subdivision by
Chapter 4, Title XII of the Municipal Code and standards and specifications
approved by City Council, (ii) the quantities of construction elements shown hereon
accurately depicts the quantities necessary to construct the Required Public
Improvements and (ii) the unit prices shown hereon are the most current unit prices
provided by the City oLEue blo.
co�:� O•� ;Fo
[P.E. SEAL] • �
33838 z
A
•• ••...•••' • G��
0 �i5'S' /nnIA1
REVIEWED BY:
Reception 1591280
10/25/2004
DECLARATION OF COVENANTS CONCERNING
Utj- ty, Drainage, I> / Egress EASEMENTS FOR
(type of easement)
Eagle Heights, 2nd Filing
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of September 8th
2004 by 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
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 Sewer and Water Lines, Storm Sewer Sys tem,
Asphalt Roadways, Curb and Gutter , 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.
3
Subdivision means the Eagle Heights 2nd Filing
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 0 59 0 280 13
ChrisC.Munoz Pueb10CtyC1k&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 2
02/05/02
111111 loll 11111111 lot III111111111 IIII 0591280 13P
Chri sC Mun oz Puebl Y I I P oCt M &Rec DEC C R 21 .00 D 0.00
hri.un
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.
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 3
02/05/02
I IIIIII VIII IIIIII VIII III IIIIIII IIIIII III illii IIII IIII
Page: 004 04:13 3
7. Applicable Law ChrisC.Munoz Pueb1oCtyC1k &Reo 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.
Declarant
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 18thday of
Joseph D. Vega, Managinar n� — of
October 1 9(1114 by Vega rnnctrrnrtinU L L.E P � Co Limited Liability
Company
Witness my hand and official seal.
My commission expires:
1
(SEAL) � (�q� Notary Pu is
� •NOTA V
�•pUBLIC:
DPW 105 4
02/05/02