HomeMy WebLinkAbout07232Reception 1661186
02/09/2006
ORDINANCE NO. 7232
AN ORDINANCE APPROVING THE PLAT OF
SETTLERS VILLAGE SUBDIVISION, FILING NO. 4
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Settlers Village Subdivision, Filing No. 4 being a subdivision of
land legally described as:
A parcel of land located in the NE ' / 4 of the NE ' / 4 of Section 22, Township 21 South,
Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being
more particularly described as follows:
Considering the North line of Section 22, Township 21 South, Range 65 West of the 6th
P.M. to bear N 89 0 40'00" E. and all bearings contained herein being relative thereto.
Beginning at the Northeast corner of Settlers Village, Filing No. 3, according to the
recorded plat thereof, as filed for record June 29, 2004; said point also being on the
North line of Section 22; thence N. 89 0 40'00" E., along said North line of Section 22, a
distance of 874.91 feet; thence S., 00 0 03'49" W., a distance of 953.71 feet; thence N.
89 °56'11" W., a distance of 145.62 feet; thence N. 84 °03 "11" W., a distance of 60.00
feet; thence N. 05 0 56'49" E., a distance of 23.29 feet; thence S. 87 0 12'31" W., a
distance of 513.98 feet; thence S. 84 0 08'24" W., a distance of 60.00 feet; thence N.
06 °47'40" W., a distance of 127.50 feet; thence S. 83 0 12'20" W., a distance of 117.57
feet; thence N. 00 0 00'00" E., a distance of 70.69 feet to a point on the East line of said
Settlers Village, Filing No. 3; thence along the said East line of Settlers Village, Filing
No. 3, the following four (4) courses:
1. N. 00 0 42'19" E., a distance of 131.62 feet;
2. N. 04 0 26'13" E., a distance of 60.00 feet;
3. N. 04 0 02'42" E., a distance of 406.43 feet;
4. N. 00 0 20'00 "W., a distance of 170.00 feet to the Point of Beginning.
Containing 18.953 Acres.
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. II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII $I �11� 0 0 66 a 086asa
Chris C. Mun
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.
The following modifications to the subdivision regulations are hereby approved:
1. Non - radial lot lines to maintain the feasible lot pattern.
2. 10 -foot side yard drainage easements (in lieu of 20' drainage
easement).
3. 30 -foot wide street with detached walk transitioning to attached
walk at cul -de -sacs in order to make better use of lot frontage
for driveway access and landscaping.
4. Street crown slope of 3.0% (in lieu of 2.0 %) in order to improve
street efficiency to accommodate storm water runoff.
5. No concrete low flow pan in drainage channel located in Parcel
A in order to create a more efficient drainage channel by
utilizing water harvesting and sediment control.
SECTION 4.
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
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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 5.
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
( IIIIII VIII IIIIII IIIIII VIII (IIIIII III VIII (III IIII 60 1 66 1 1 8 6 0 0 46A
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
0'r INTRODUCED: November 8, 2004
4 a�c
� , BY: Robert D. Schilling
COUNCILPERSON
APPROVED:
-_-��-- - =-. ° P ESI NT OF CITY COUNCIL
AT'� S
TY CLERK
PASSED AND APPROVED: November 22 2004
Old, 9- 7 A3A
2D
Background Paper for Proposed
ORDINANCE
DATE: NOVEMBER 8, 2004
AGENDA ITEM # t` 3-7
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF SETTLERS VILLAGE
SUBDIVISION, FILING NO.4
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning Commission, at their October 13, 2004 Regular Meeting, voted 6 -0
to recommend approval of the applicant's requested subdivision with associated
modifications to the subdivision regulation.
BACKGROUND
Settlers Village Subdivision, Filing No. 4 is generally located on the southside of
Pueblo and west of the southerly extension of Prairie Avenue. The applicant
wishes to subdivide the 18.953 acre property into 61 single - family residential lots.
The applicant is requesting the following modifications to the subdivision
regulation:
1. Non- radial lot lines to maintain the feasible lot pattern.
2. 10 -foot side yard drainage easements (in lieu of 20' drainage
easement).
3. 30 -foot wide street with detached walk transitioning to attached
walk at cul -de -sacs in order to make better use of lot frontage
for driveway access and landscaping.
4. Street crown slope of 3.0% (in lieu of 2.0 %) in order to improve
street efficiency to accommodate storm water runoff.
5. No concrete low flow pan in drainage channel located in Parcel
A in order to create a more efficient drainage channel by
utilizing water harvesting and sediment control.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated September 22, 2004.
FINANCIAL IMPACT
None.
Reception 1661188
02/09/2006
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on 'Z , '").O O S , between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Horizon Communities Inc.
a Colorado Corporation
( "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
Settler Village Filing No 4
("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
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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 ".
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.
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.
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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.
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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
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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.
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Chris C.
Horizon Communities, Inc.
Subdivider / a Colorado Corporation
(SEAL) By: / t,�`�• . J. ��
Robert eac , Presi ent
By:
The foregoing instrument was acknowledged before me on '�ZQTr wi P e m `27
1 -0fl r J , by Robert W. Leach, President of Horizon Communities, , Subdivider.
I Inc., a Colorado Corporation
T A S
: - C 't
on expires: 1 I o l zCVV V
ti ftwQoRK.. L
� ]bo
/0,
Notary Public
CITY J W PUEBLO, a
My Commission
City
STATE OF COLORADO
COUNTY OF PUEBLO
I f°- -_• �o
1 < M x
The foregoing instrument was acknowledged before me this � day of
Or.toher 2005 by Robert D. Schilling, Jr. ,as
President of City Council, and Gina Dutcher as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expires: 8 -21 -2007
[ SEAL]
APPROVED AS TO FORM:
City Attorney
V ? 4-1�jqrVlb &a
Notary Public
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EXHIBIT A
LAND DESCRIPTION OF PROPOSED SETTLERS VILLAGE, FILING NO. 4
A parcel of land located in the NE 1 /4 of the NE 1 /4 of Section 22, Township 21 South,
Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being
more particularly described as follows:
Considering the North line of Section 22, Township 21 South, Range 65 West of the 6th
P.M. to bear N 89 0 40'00" E. and all bearings contained herein being relative thereto.
Beginning at the Northeast corner of Settlers Village, Filing No. 3, according to the
recorded plat thereof, as filed for record June 29, 2004; said point also being on the
North line of Section 22; thence N. 89 0 40'00" E., along said North line of Section 22, a
distance of 874.91 feet; thence S., 00 0 03'49" W., a distance of 953.71 feet; thence N.
89 0 56'11" W., a distance of 145.62 feet; thence N. 84 0 03 "11" W., a distance of 60.00
feet; thence N. 05 0 5649" E., a distance of 23.29 feet; thence S. 87 0 1231" W., a
distance of 513.98 feet; thence S. 84 0 08'24" W., a distance of 60.00 feet; thence N.
06 0 47'40" W., a distance of 127.50 feet; thence S. 83 0 12'20" W., a distance of 117.57
feet; thence N. 00 0 00'00" E., a distance of 70.69 feet to a point on the East line of said
Settlers Village, Filing No. 3; thence along the said East line of Settlers Village, Filing
No. 3, the following four (4) courses:
1. N. 00 0 42'19" E., a distance of 131.62 feet;
2. N. 04 0 26'13" E., a distance of 60.00 feet;
3. N. 04 0 02'42" E., a distance of 406.43 feet;
4. N. 00 "W., a distance of 170.00 feet to the Point of Beginning.
Containing 18.953 Acres.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
August 3, 2004
IN 96 105 27
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Chris C. Munoz Pueb1oCtyC1k &Reo SUBD BGR 76.00 D 0.00
IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SETTLERS VILLAGE, FILING NO. 4
JN 9610527
DEVELOPER: HORIZON COMMUNITIES INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I SUBTOTAL: $626,674
PHASE II SUBTOTAL:
$82,615
PHASE II SUBTOTAL:
$53,577
TOTAL PROJECT:
$762,866
This is an estimate only. Actual construction costs may vary.
PREPARED BY: M.CUPPY
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the required Public Improvements shown hereon and on the
Plans and Specifications meet the requirements of and have been designed in accordance with Chapter 4,
Title XII of the Pueblo Municipal Code as amended and the current standards and specifications as
approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the
quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon
are the most current unit prices provided by the City of Pueblo.
Profdssion�al Engineer Date
City of Pueblo -,,A
Reception 1661189
02/09/2006
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the 7Vyr. 'L , 10
Subdivision Improvements Agreement for Settlers Village, Filing No.4 (herein
the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
2. The Subdivider shall construct and install all Required Public Improvements in
the manner and as described in the Subdivision Improvements Agreement needed and required to
serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ".
3. For purposes of determining the extent and timing of the Required Public
Improvements, each Phase shall be considered as a separate subdivision.
4. After completion of all Required Public Improvements for any Phase and
approval thereof by the Director of Public Works, the City will release the lots in that Phase from
the Subdivision Improvements Agreement and this Addendum.
5. Any development of the Subdivision contrary to the phasing sequence set forth in
paragraph 1 above without the prior written approval of the Director of Public Works
( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this
Addendum and City may thereafter refuse to approve the issuance of building permits for
construction within the Subdivision.
6. No modifications to the phasing sequence set forth in the attached Exhibit "A"
shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the
requested modifications will not result in any lot in the Subdivision being inadequately served by
required public improvements, (b) Subdivider furnishes title information satisfactory to the City
showing all persons and entities having a recorded interest in all lots within the Subdivision
( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and
approval of the modification to the phasing sequence in form and content approved by the City
Attorney.
7. The Subdivision Improvements Agreement as amended by this Addendum shall
remain in full force and effect and the covenants of this Addendum shall run with the land within
the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and
Subdivider and their respective heirs, personal representatives, successors, and assigns.
Executed at Pueblo, Colorado, as of '�pi. 77 26riS
Horizon Communities, Inc.,
a Colorado Corporation
Subdivider
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Chris C. Munoz Pueb1oCtyC1k &Rec ADD AGAR 16.00 D 0.00
By ZL
A /
Robert W. Leach, President
m
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this '2. -J 4 L day of
, Ja¢TGMdo2 ,Za oS, by Robert W. Leach. President of Horizon Subdivider.
Communities, Inc., a Colorado Corporation
Witness my hand and official seal.
My commission expires: --- ) I lo`zo 0'c-
p
My Commission Expires 07 -10 -2006
�2 01F-P+'Lv- LIKE
Raec�,uo 1 LOLBa-0 %0
Nay Public
CITY OF PUEBLO,
a unicipal C rporation
By ,
resident of the ouncil
DPW 103
1/6/04
3 of III II I III I III I III II IIII III 026620689 46A
Chris C. Munoz PuebloCtyClk&Rec ADD RGRR 16.00 D 0.00
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the Subdivision in separate phases in the following sequence:
(a) Phase I shall consist of the following lots within the Subdivision:
Lots 1 -3, Block 1, Lots 1 -2, Block 5,
Lots 1 -6, Block 2, Lots 1 -2, Block 6, and
Lots 1 -10, Block 3, Lots 1 -2, Block 7
Lots 7 -9, Block 4,
(b) Phase II shall consist of the following lots within the Subdivision:
Lots 11 -17, Block 3, and
Lots 1 -6, Block 4
(c) Phase III shall consist of th following lots within the Subdivision:
Lots 10 -17, Block 4 and
Lots 3 -8 Block 5
DPW 103
1/6/04
Reception 1661183
02/09/2006
RELEASE OF EASEMENT
This Release of Easement is made on Rat 30 , 200 (o , by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place,
Pueblo, Colorado, 81003.
In consideration of One Dollar and other good and valuable consideration, the
City does hereby terminate, cancel, and release the Easement granted by the Easement
and Right of Way recorded June 29th 2004 , as Reception No. 1572901_ of the
records of the Pueblo County Clerk and Recorder and more particularly described on
attached Exhibit "A ".
ua o `J Pueblo, a Municipal Corporation
y: � _
President of City Council
t S I li
City Clerk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 3� to day of
�9�10 1V—1 200L_ by M IC�,rel A.Oc hiAp , as President of City
Council, and Gina Dutcher as City Clerk of City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
H L. ST commission expires: (¢ D
TA
C
Notary Public
U9 0: 0 0
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0 F C0`0PP
Ch Munoz IIIIII IIIIII III VIII R I IIII 00029/2006 /0 2 of 09 45A
EXHIBIT A
TEMPORARY DRAINAGE EASEMENT
A parcel of land located in the NE t/4 of the NE t/4 of Section 22, Township 21 South,
Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado being 20 feet
in width, 10 feet on each side of the following described centerline and being more
particularly described as follows:
Considering the North line of the NE 1 /4 of Section 22, Township 21 South, Range 65
West of the 6 th P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being
relative thereto.
Commencing at the Northeast Corner of Lot 5, Block 6 in Settlers Village Filing No. 3
according to the recorded plat thereof as filed for record in the Pueblo County Records,
said point also being on the Easterly right -of -way line of Bobcat Lane in said Settlers
Village Filing No. 3; thence N. 04 0 26'13" E., along said Easterly right -of -way line a
distance of 21.50 feet to the Point of Beginning; thence S. 85 0 3347" E., a distance of
69.59 feet; thence N. 70 °33'07" E., a distance of 478.27 feet; thence N. 44 0 09'02" E.,
a distance of 406.37 feet to the Point of Terminus.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, CO 81003
April 14, 2004
IN 96 105 25
1661183
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Reception 1661184
02/09/2006
RELEASE OF EASEMENT
This Release of Easement is made on :S PwQ1P r -y -O 2004! by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place,
Pueblo, Colorado, 81003.
In consideration of One Dollar and other good and valuable consideration, the
City does hereby terminate, cancel, and release the Easement granted by the Easement
and Right of Way recorded _ April 9th_ 2003 , as Reception No. _ 1494732 of the
records of the Pueblo County Clerk and Recorder and more particularly described on
attached Exhibit "A ".
City Clerk
STATE OF COLORADO
COUNTY OF PUEBLO
Pueblo, a Municipal Corporation
B y
President of City Council
ss.
The foregoing instrument was acknowled ed before me this 307A day of
- 'SAtJ�IA►Zy 200 F7 by �j�,�� F / Q��i4 �p , as President of City
Council, and Gina Dutcher as City Clerk of City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
<r z, y commission expires:
G
'e, �O Cp��b'
Notary P lie
II III III I III I I III III IIII I III 02/09/2006 66 v 09 46A
Chris C. Munoz PuebloCt YClk4Rec R EASE R 16.00 D 0.00
EXHIBIT A
PROPOSED TEMPORARY DRAINAGE EASEMENT:
An easement for drainage purposes through a portion of the E 1 /2 of the NW 1 /4 of
Section 22, Township 21 South, Range 65 West of the 6 th P.M. being 30 feet in width,
lying West of and immediately adjacent to the following described reference line:
Considering the North line of said Section 22, Township 21 South, Range 65 West of the
6 th P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being relative thereto.
Beginning at the Southeast corner of Lot 1, Block 4 in Heritage Village, Filing No. 2, A
Special Area Plan, according to the recorded plat thereof, filed for record September 12,
2000; thence Southeasterly, along the West right -of -way line of Hollywood Drive, as
platted in Settlers Village, Filing No. 1, according to the recorded plat thereof, filed for
record September 12, 2000 the following three (3) courses:
1. S. 00 0 20'00" E., a distance of 15.00 feet;
2. along the arc of a curve to the left, whose radius is 640 feet,
a distance of 219.79 feet;
3. S. 20 0 00'36" E., a distance of 127.92 feet to the North subdivision
boundary line of Settlers Village, Filing No. 2, according to the
recorded plat thereof,
thence S. 20 0 00'36" E., along the West right -of -way line of Hollywood Drive, as platted
in said Settlers Village, Filing No. 2 and that line extended, a distance of 340 feet to the
Point of Terminus of the reference line herein described.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
November 12, 2002
JN 96 105 21
IIIIII VIII III II IIII III III IIIIII III II II IIII IIII 1661184
Page: 3 of 3
02/09/2006 09:46A
Chris C. Munoz PuebloCtyClk&Rec R EASE R 16.00 D 0.00
SCALE 1"=200'
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JN 9610521 FILE: DRAINEX2.DWG
Reception 1661185
02/09/2006
RELEASE OF EASEMENT
This Release of Easement is made on -- 60 , 200 G , by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place,
Pueblo, Colorado, 81003.
In consideration of One Dollar and other good and valuable consideration, the
City does hereby terminate, cancel, and release the Easement granted by the Easement
and Right of Way recorded June 29th , 2004 , as Reception No. 1572900 of the
records of the Pueblo County Clerk and Recorder and more particularly described on
attached Exhibit "A ".
.:v co. c
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r " .K
City Clerk
STATE OF COLORADO
COUNTY OF PUEBLO
ss.
Pueblo, a Municipal Corporation
c
President of City Council
�T11
—T � The foregoing instrument was acknowledged before me this 3 day of
3Awtlm - i , 200 by &LA a e / A. 0azhia as President of City
Council, and Gina Dutcher as City Clerk of City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
�p HT S�Ci�, y commission expires: &
i
[SE,A ] r
Notary Public
i.4? a�
II IIII I III II I I I II II III I II II 1661185
2006 09:46A
Chris C. Munoz PuebloCtyClkSRec R EASE R 16.00 D 0.00
EXHIBIT A
DRAINAGE EASEMENT RELEASE
A parcel of land located in the NE 1 /4 of Section 22 and the NW 1 /4 of Section 23,
Township 21 South, Range 65 West of the 6"' P.M. in the County of Pueblo, State of
Colorado and being more particularly described as follows:
All of that portion of the Temporary Drainage Easement as filed for record at Reception
No. 1572900 in the Pueblo County records located in proposed Settlers Village, Filing
No. 4 and Southpointe Business Campus, Filing No. 1
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, CO 81003
January 13, 2006
)N 96 105 27
Page 1 of 2
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