HomeMy WebLinkAbout07233Reception 1661191
02/09/2006
ORDINANCE NO. 7233
AN ORDINANCE APPROVING THE PLAT OF
SOUTHPOINTE BUSINESS CAMPUS SUBDIVISION,
FILING NO 1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The final plat of Southpointe Business Campus Subdivision, Filing No. 1 being a
subdivision of land legally described as:
A parcel of land located in the NE ' / 4 of the NE '/a of Section 22 and the NW ' / 4 of the
NW ' / 4 of Section 23, 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 line of North line of Section 22, Township 21 South, Range 65 West of
the 6 P.M. to bear N. 89 °40'00" E., and all bearings contained herein being relative
thereto.
Beginning at the Northeast corner of Section 22, said point also being the Northwest
corner of Section 23; thence N. 89 °39'29" E., along the North line of said Section 23, a
distance of 224.93 feet; thence S. 00 °03'49" W., a distance of 431.83 feet; thence N.
89 °56'11" W., a distance of 5.00 feet; thence S. 00 0 03'49" W., a distance of 555.00 feet;
thence N. 89 °56'11" W., a distance of 195.00 feet; thence S. 00 0 03'49" W., a distance of
30.00 feet; thence N. 89 °56'11" W., a distance of 390.00 feet; thence N. 00 °03'49" E., a
distance of 1012.71 feet to a point on the North line of said Section 22; thence N.
89 0 40'00" E., along the North line of said Section 22, a distance of 365.09 feet to the
Point of Beginning.
Containing 13.543 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.
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. 10 -foot side yard drainage easements (in lieu of 20' drainage
easement).
2. N o concrete low flow pan in drainage channel located in
Parcels A and B in order to create a more efficient drainage
channel by utilizing water harvesting and sediment control;
3. Transition in street width in Prairie Hawk Lane (30' street to
36' street) to occur at mid -block in order to provide 30' wide
street to the proposed residential community west of
SouthPointe Business Campus, Filing No. 1;
4. Left turn lane to public right -of -was to be not less than 130 feet
in lieu of 435 feet to accommodate road width transitions and
intersection separation; and
5. Proposed Prairie Avenue right -of -way to be offset from the
existing Prairie Avenue right -of -way north of the proposed
subdivision in order to accommodate existing 69kv power line.
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
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
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
< INTRODUCED: INTRODUCED: November 8, 2004
0
' Q
1
BY:
• �, M, , '-
° APPROVED
ATTESTED ���
TY CLERK
Robert D. Schilli
C UNCILPERSON
P ME S I Do T OF CITY OUNCIL
PASSED AND APPROVED: November 22, 2004
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # L 3$
DATE: NOVEMBER 8, 2004
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENTMIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF SOUTHPOINTE BUSINESS
CAMPUS SUBDIVISION, FILING NO. 1
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
commercial 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 modifications
of the subdivision regulations.
BACKGROUND
Southpointe Business Campus Subdivision, Filing No. 1 is generally located on
the southside of Pueblo and west of the southerly extension of Prairie Avenue.
The applicant wishes to subdivide the 13.543 acre property into 8 commercial lots.
The applicant is requesting the following modifications to the subdivision
regulation which are supported by the Pueblo Department of Public Works:
1. 10 -foot side yard drainage easements (in lieu of 20' drainage
easement).
2. No concrete low flow pan in drainage channel located in
Parcels A and B in order to create a more efficient drainage
channel by utilizing water harvesting and sediment control;
3. Transition in street width in Prairie Hawk Lane (30' street to
36' street) to occur at mid -block in order to provide 30' wide
street to the proposed residential community west of
South Pointe Business Campus, Filing No. 1;
4. Left turn lane to public right -of -was to be not less than 130 feet
in lieu of 435 feet to accommodate road width transitions and
intersection separation; and
5. Proposed Prairie Avenue right -of -way to be offset from the
existing Prairie Avenue right -of -way north of the proposed
subdivision in order to accommodate existing 69kv power line.
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
1► .f'Ti"
Reception 1661193
02/09/2006
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on `W1 20D 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
SouthPointe Business Campus Filing No. 1
( "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:
I . 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.
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- 76)(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
"B".
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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Subdivider Horizon Communities, Inc., a
Colorado Corporation
(SEAL) By: — t c L1 ��
Ro e W. 'each, President
By:
The foregoing instrument was acknowledged before me on 1 27
ZOOM , by Robert W. Leach, President of Horizon Commu nities , Subdivider.
,�
Inc
oration
ission expires: - 11 1 C , 2 � - 2 - <5)o 6
Sl N tsw c' J R I e •c c -s 1 ��� o /y //q �
%V V 0 I Notary Public
F '• °.° °,.• " P CITY, PUEBLO, M ril rp a tion
C•F CAL �A a
By r
My Commission Expires 07.10 -2006 �1 resid nt of City�o�f cil
ATT ,
City Cle A
�r
STATE OF COLORADO
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledg before me this r �t day of
N C�UPXY bL 2QC�Z Ic
by b Sl E I � . , as
President of City Council, and _( rin - C)iI as City ClerV of the City of
Pueblo, Colorado.
my hand and official seal.
SKI mission expires: L2J -2607
SE
AS TO FORM:
City Attorney
Notary Public
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EXHIBIT A
LAND DESCRIPTION OF PROPOSED SOUTPOINTE BUSINESS CAMPUS, FILING NO. 1
A parcel of land located in the NE 1 /4 of the NE 1 /4 of Section 22 and the NW 1 /4 of the
NW 1 /4 of Section 23, Township 21 South, Range 65 West of the 6 th P.M. in the County
of Pueblo and State of Colorado and being more particularly described as follows:
Considering the line of North line 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.
Beginning at the Northeast corner of Section 22, said point also being the Northwest
corner of Section 23; thence N. 89 0 3929" E., along the North line of said Section 23, a
distance of 224.93 feet; thence S. 00 0 03'49" W., a distance of 431.83 feet; thence N.
89 0 56'11" W., a distance of 5.00 feet; thence S. 00 0 03'49" W., a distance of 555.00
feet; thence N. 89 0 56'11" W., a distance of 195.00 feet; thence S. 00 °03'49" W., a
distance of 30.00 feet; thence N. 89 0 56'11" W., a distance of 390.00 feet; thence N.
00 0 03'49" E., a distance of 1012.71 feet to a point on the North line of said Section 22;
thence N. 89 E., along the North line of said Section 22, a distance of 365.09
feet to the Point of Beginning.
Containing 13.543 Acres.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5" Street
Pueblo, Colorado 81003
July 30, 2004
JN 96 105 28
IIIIIIIIII IIIIIIIIIII IIIIII IIIIIIIIIIIIII III P 00603466
Chris C. Munoz Pueb1oCtyC1kSRec SUBD RGR 86.00 D 0.00
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: SOUTHP0INTE BUSINESS CAMPUS, FILING NO. 1
JN 9610528
DEVELOPER: HORIZON COMMUNITIES INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE I SUBTOTAL:
$502,923
PHASE II SUBTOTAL:
$107,795
PHASE III SUBTOTAL:
$138,150
TOTAL PROJECT:
$748,868
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
a%#%0''j i ; W . ygTt unit prices provided by the City of Pueblo.
REVIEWED BY:
('-0y
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become apart of the 5ey[. 2 1, •ypp S
Subdivision SouthPointr Improvements Agreement for Business Campus, (herein
p g -Filing n,.
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 2 t` y T
Horizon Communities, Inc.,
a Colorado Corporation
Subdivider
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STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
By Robert Leach, Pre dent
By
The foregoing instrument was acknowledged before me this r -tu day of
7 �DT� mc( v; 2 , 'kpS , by Robert W. Leach, President of Horizon , Subdivider.
Communities, Inc., a Colorado Corporation
Witness my hand and official seal.
My commission expires: 1 `tdl 200 L
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QIt53�q ��-fJ 20 oo
51� /V-�
Notary Public
J TA
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My Commission Expires 07 -10 -2006
CITY OF PUEBLO,
a unici a#th
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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,
Parcels A and B and
Westerly half of Prairie Avenue
(b) Phase 11 shall consist of the following lots within the Subdivision:
Lot 1, Block 3,
Lots 1 -2, Block 4, and
easterly half of Prairie Avenue
(c) Phase III shall consist of the following lots within the Subdivision
Lot 1, Block 2
Lot 3, Block 4
2" overlay on Prairie Avenue in Phase 1 and 2, and all
final pavement markings
2" overlay to occur prior to Phase III construction if
ESAL exceeds 575,000, or 6 years from date of acceptance
of Phase I improvements.
DPW 103
1/6/04
Reception 1661190
02/09/2006
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 13th day of September
Frank Scenic, Jr. and Grantor, to PUEBLO; a Municipal Corporation, Grantee OS , by
Marion Rooks Scanio, Trustees
WITNESSETH.
THAT IN CONSIDERATION of the sum of One Dollar ($l.00) and other good and valuable
consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of __te
drainage in, through, over, under and across Grantor's mporary
ro
Colorado, commonly known as P perry situated in Pueblo County,
" Property ' ) and described as follows: (the
See attached Exhibit "A and B"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not interfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Pro perty and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
Peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and asof the Grantor and Grantee. signs
SIGNED this f 3 day of q p ` 2005
GRANTOR: Frank Scanio, Jr., Trustee GRANTOR? Marlon Rooke Scenic, Trustee
By. By:
COUNTYOF Nueces )
) as.
STATE OF Texas , )
The foregoing instrument was acknowledged before me this /,3 day of
2005 b Frank Scanio, Jr., and
M S
Witness my hand and official seal, a rion Rook; canio , Trustees
My commission expires: mu
Tres: T 4 - 'ot' -�= k"
xP -3 oaR f4 ���. TINA NIEMANN
• {) Notary Public
' -s p STATE DE TEXAS
(SEAL) - ••,w+w My Comm. ESP. 04 -23 -2008
Notary Public
EXHIBIT A
TEMPORARY DRAINAGE EASEMENT
A parcel of land located in the NW 1 /4 of 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 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' /4 of Section 22, Township 21 South, Range 65
West of the 6"' P.M. to bear N. 89 0 40'00" E. and all bearings contained herein being
relative thereto.
Commencing at the Northeast Comer of said Section 22; thence S. 29 0 16'14" E., a
distance of 459.11 feet to a point on the East line of Southpointe Business Campus,
Filing No. 1 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 Equity Way in
said Southpointe Business Campus Fling No. 1 and the Point of Beginning; thence S.
89 0 56'11" E., a distance of 936.69 feet to the Point of Terminus.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, CO 81003
August 18, 2005
JN 96 105 28
IIIIIII
1661190
Chris C. Munoz VIIIIiIIIIIIIIII 46A
1661190 \, `\
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