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HomeMy WebLinkAbout07279Reception 1651802 12/08/2005 ORDINANCE NO. 7279 AN ORDINANCE APPROVING THE PLAT OF RIVER'S RUN SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of River's Run Subdivision being a subdivision of land legally described as: A parcel of land being a portion of Mattice and Gibson's Addition, filed for record November 10, 1899, in Book 13 at Page 17, in the records of the Pueblo County Clerk and Recorder, and a portion of the SW '/< of Section 32, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the easterly line of said Mattice and Gibson's Addition, from which the southwest corner of said Section 32 bears S 02 °05'32 "E (Bearings based upon the Colorado State Plane Coordinate System, South Zone, North American Datum 1927; said bearings based upon the line between the said southwest corner of Section 32, also known as Pueblo County GPS Monument No. 1405, being a Lead Plug and Tack in a Stone, in a cast iron monument box, and Pueblo County GPS Monument No. 7, being a No. 7 rebar, which bears S 04 0 32'49 "E), a distance of 88.20 feet, said point being the north corner of that portion of said Section 32, described in that document filed for record January 9, 1967, in Book 1608 at Page 04, in the records of the Pueblo County Clerk and Recorder; thence N 34 °23'10 "W a distance of 74.87 feet to the northeast corner of Block 57 of said Mattice and Gibson's Addition; thence continuing N 34 °23'10 "W a distance of 18.28 feet to a point on the northeasterly line of that portion of Block 56 of said Mattice and Gibson's Addition, described in said, in Book 1608 at Page 04, if produced southeasterly, said line also being the northeasterly right of way line of Colorado State Highway No. 227 (also known as Joplin Street); thence northwesterly along the northeasterly lines of the parcels described in said Book 1608 at Page 04, and said right of way line of Colorado State Highway No. 227 the following eight (8) courses: 1. N 69 a distance of 370.01 feet, to a point on the westerly line of said Block 56; 2. N 66 0 30'49 "W a distance of 89.17 feet, to the northeast corner of Lot 28 in Block 55 of said Mattice and Gibson's Addition; 3. N 75 0 20'09 "W a distance of 53.30 feet, to the southwest corner of Lot 2 in said Block 55; 4. N 61 0 45'08'W a distance of 232.68 feet, to the northwest corner of Lot 10 in said Block 55; 5. N 34 a distance of 94.24 feet, to the southeast corner of Lot 16 in Block 51 of said Mattice and Gibson's Addition; 6. N 09 a distance of 257.91 feet, to the northeast corner of the west 20.00 feet of Lot 14 in said Block 51; 7. N 09 a distance of 80.62 feet to the southeast corner of the west 10.00 feet of Lot 15 in Block 48 of said Mattice and Gibson's Addition; 8. N 02 parallel with the west line of said Block 48, a distance of 266.08 feet, to a point 10.00 feet northerly, and perpendicular to the north line of said Block 48, said point being on the north line of the southerly portion of vacated Fir Street, according to the recorded Road and Alley Vacation Plat thereof, in the records of the Pueblo County Clerk and Recorder; thence along said north line of southerly portion of vacated Fir Street the following two (2) courses: 1. N 87 YE a distance of 53.34 feet 2. along the arc of a curve to the right, having a radius of 220.00 feet, a central angle of 17 0 20'29 ", a distance of 66.59 feet, to a point on said north line of Block 48; thence N 87 YE, along said north line, a distance of 119.63 feet to a point on the south line of the northerly portion of said vacated Fir Street, thence along said south line along the arc of a non - tangent curve to the left, whose center bears S 38 0 38'50 "W, having a radius of 280.00 feet, a central angle of 14 0 38'39 ", a distance of 71.56 feet to a point on the centerline of vacated Fir Street, according to the said recorded Road and Alley Vacation Plat thereof; thence N 87 °14'15 "E, along said centerline, a distance of 61.19 feet, to a point on the west line of Lot 25 in Block 43 of said Mattice and Gibson's Addition, if produce southerly; thence N 02 °44'04 "W, along said west line, a distance of 167.99 feet to the centerline of the vacated alley in said Block 43, according to the said recorded Road and Alley Vacation Plat thereof; thence N 87 °14'24 "E, along said centerline, a distance of 140.88 feet, to a point on the centerline of vacated Kingston Avenue (platted as Capitol Street), according to the said recorded Road and Alley Vacation Plat thereof; thence N 02 0 43'33 "W, along said centerline, a distance of 127.98 feet, to a point on the south right of way line of vacated Evergreen Street (platted as Elm Street), according to Ordinance Number 1228, dated April 4, 1927; thence S 87 0 14'33 "W, along said right of way line, a distance of 40.00 feet to the northeast corner of said Block 43; thence N 02 0 43'33 "W a distance of 80.00 feet to the southeast corner of Block 40 of said Mattice and Gibson's Addition, said point being on the southerly right of way line of the AT & SF Railroad; thence easterly along said right of way line the following five (5) courses: 1. N 87 0 14'33 "E a distance of 485.97 feet, to a point on the east line of said Mattice and Gibson's Addition; 2. N 02 °05'32 "W, along said east line, a distance of 29.50 feet; 3. N 87 0 55'43 "E a distance of 722.25 feet; 4. N 02 T W a distance of 113.00 feet; 5. N 87 °55'43 "E a distance of 604.30 feet to a point on the west line of Wiley and Chamberlain's Subdivision, filed for record June 9, 1887, in Book 2A at Page 40, in the records of the Pueblo County Clerk and Recorder; thence S 02 °04'17" E, along said west line, a distance of 1462.39 feet to a point on the apparent northerly right of way line of Portland Avenue; thence along said right of way line the following two (2) courses: 1. along the arc of a non - tangent curve to the right, whose center bears N 28 0 59'09 "W, having a radius of 1785.73 feet, a central angle of 28 0 02'57 ", a distance of 874.20 feet; 2. S 88 a distance of 470.34 feet, to a point on the easterly line of said portion of Section 32 described in Book 1608 at Page 04; thence N 37 °45'25 "W, along said easterly line, a distance of 20.65 feet to the POINT OF BEGINNING. Said Parcel contains 67.77 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. The following modification to the subdivision regulations is hereby approved: Maximum block length of 1320 feet for Fir Street, between the Joplin Avenue and Brewery Road Street centerlines, be waived. 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.�l� O" effective. ° <o INTRODUCED: February 14, 2005 BY: Michael Occhiato OU CILP R N APPROVED: 1 �. RESIDE CITY UNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: February 28, 2005 _Fj_� CD Background Paper for Proposed ORDINANCE �,GW, eW �9 AGENDA ITEM # h DATE: FEBRUARY 14, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF RIVER'S RUN SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential and commercial development? RECOMMENDATION The Planning Commission heard and approved the original submittal for this plat at their November 10, 2004 regular meeting. The Planning and Zoning Commission, at their January 12, 2005 regular meeting, voted unanimously to recommend approval of the applicant's requested subdivision amendment with one modification to the subdivision regulation: Maximum block length of 1320 feet for Fir Street, between the Joplin Avenue and Brewery Road Street centerlines, be waived. BACKGROUND River's Run Subdivision is generally located on the eastside of Pueblo and east of the Fir Street and Joplin Avenue intersection, northwest of Joplin Avenue at Portland Avenue (formally Walter's Brewery). The applicant wishes to subdivide the 67.93 acre property into 176 single - family residential lots, 15 multi - family lots, 15 commercial lots, one (1) park and associated rights -of -way. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated February 1, 2005. This application is concurrent with Vacation V- 04 -11, which was also approved unanimously. FINANCIAL IMPACT None. Reception 1651804 12/08/2005 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on December 7, 2005, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and CSM Investments, L.L.C. ( "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 River's Run ( "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 II 111 I II 11 11 1 11� 11111 I II 1651 of 17 Chris C. Munoz Puabl OCtyClk4Reo SUBD RGR 86.00 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 IIIIIIIIIIIII VIII IIIIIIIIIII VIII IIII 1651804 36E Chris C. Munoz Pueb1aCtyC1k4Rec SUBD PGR 86.00 D 0.00 6. Upon paying such deposit, the City D 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. 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 04/09/04 II 11111 1�1 I I 1651 of 17 Chris C. Munoz Pueb1oCtyC1k &Rec SUBD RGR 86.00 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 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 DPW 101 4 04/09/04 II III II I I III III II IIII III II 1651804 35E Chris C. Munoz Pueb1oCtyC1k &Reo SUBD RGR 86.00 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 04/09/04 CSM Investments, LLC, a Colorac Liability Company By: Michael D Managing Member. 0TAR1 80'G 0. V## Notary Public MOVIE' The foregoing instrument was knowle ed befqre me this day of December? 2005 by tj-V0 1 D. sch'11 , Jr. as President of City Council, and 117n bi f71-er as Ct Clerk of the City of Pueblo, Colorado. ....9 L s my hand and official sea]. 7 `y-v 1- ZOOS My co fission expires: 00 , oo ' aP Notary Public 165 City Attorn I III 111111 111111 1 111 IIiI 11111111111111111111111111 0of 17 Chris C. Munoz Pueb1oCtyC1k &Rec SUBD RGR 86.00 D 0.00 DPW 101 04/09/04 6 STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of �( (? Mbe r , ab05 by CSM Investments, LLC, a Colorado Limited Liability Company, Michael D. Bradley, Managing Member, Subdivider. My commission expires: STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Reception 1651805 12/08/2005 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the D6CZ11 ) 7-MS Subdivision Improvements Agreement for River's Run Subdivision (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 CSM Investments, LLC, a Colora4V ,invited Q Liability Company By: Michael D. Bradley, 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— 8, Block 1 Lots 1— 4, Block 2 Lots 33 — 62, Block 3 Lots 9 — 30, Block 5 Lots 45 — 52 & 60 — 62, Block 6 (b) Phase II shall consist of the following lots within the Subdivision: Lots 23 32, Block 3 Lots 10 — 17, Block 4 Lots 1— 8 & 31— 33, Block 5 Lots 9 — 44, Block 6 Lots 53 — 59, Block 6 Lots 63 — 71, Block 6 (c) Phase III shall consist of the following lots within the Subdivision: Lots 2 - 22, Block 3 Lots 1— 9 & 18 — 22, Block 4 Lots 1— 8 & 73 — 76, Block 6 11111111111111111111111111111111111111111111111111111111 s5 0805359 0 Chris C. M P ADD AGAR DPW103 1/6/04