HomeMy WebLinkAbout07298Reception 1622912
06/03/2005
ORDINANCE NO. 7298
AN ORDINANCE APPROVING THE PLAT OF
OF REGENCY CREST SUBDIVISION, FILING NO. 7
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Crest Subdivision, Filing No. 7, being a subdivision of
land legally described as:
A portion of the West Half (W /2) of Section Four (4), Township Twenty -one (21) South,
Range Sixty -five (65) West of the Sixth Principal Meridian, County of Pueblo, State of
Colorado, being described as follows:
Basis of Bearings: The west line of Regency Crest Subdivision, A Special Area Plan,
according to the recorded plat thereof, being monumented on both ends by a No. 6
rebar with a 2 -1/2" aluminum cap marked "M2 Surveying PLS 34587" is assumed to
bear NO3'11 8'38"E a distance of 1641.38 feet.
BEGINNING at the northwest corner (NW /COR) of Regency Crest Subdivision, Filing
No. 2, A Special Area Plan; THENCE, along the westerly boundary of said Regency
Crest Subdivision, Filing No. 2 the following three (3) courses:
1) South 02 0 33'59" West a distance of 111.18 feet; THENCE,
2) North 87 °26'01" West a distance of 39.35 feet; THENCE,
3) South 03 °18'38" West a distance of 1541.72 feet to the northerly right -of -way line of
Red Creek Springs Road; THENCE,
North 88 0 07'38" West, along said northerly right -of -way line, a distance of 1209.60 feet;
THENCE, North 88 °35'53" West a distance of 376.15 feet; THENCE, North 01 0 24'07"
East a distance of 38.89 feet; THENCE, South 88 °23'36" East a distance of 349.95 feet;
THENCE, South 88 °01'42" East a distance of 344.68 feet; THENCE, North 01 0 58'18"
East a distance of 260.00 feet; THENCE, North 88 0 01'42" West a distance of 215.66
feet; THENCE, North 01 °58'18" East a distance of 295.51 feet; THENCE, South
80 °20'37" West a distance of 152.05 feet; THENCE, North 16 °43'08" West a distance of
106.54 feet; THENCE, South 73 °16'52" West a distance of 22.04 feet; THENCE, North
16 °43'08" West a distance of 165.00 feet; THENCE, North 73 0 16'52" East a distance of
445.72 feet; THENCE, North 22 °22'20" West a distance of 159.54 feet; THENCE, North
09 0 53'05" West a distance of 47.33 feet; THENCE, North 02 °36'31" East a distance of
519.38 feet; THENCE, South 87 °23'29" East a distance of 1088.08 feet to the POINT
OF BEGINNING.
Containing 41.7818 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 Al 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:
Requesting a change to the street cross section for three of the twelve
streets that are within this subdivision by changing from the standard 2%
cross slope to a proposed 3% cross slope.
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: April 11, 2005
Ir
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M X 1. Jeff Chostner
OUNCILPERS N
VED: �
ESID T CITY NCIL
PASSED AND APPROVED: April 25, 2005
2
Background Paper for Proposed
ORDINANCE
W . 1�'7299
AGENDA ITEM # - ;q Z
DATE: APRIL 11, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST
SUBDIVISION, FILING NO 7
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning and Zoning Commission, at their March 9, 2005 regular meeting,
voted 7 -0 to recommend approval.
BACKGROUND
Regency Crest Subdivision, Filing No. 7 is generally located on the south side of
Pueblo and south of St. Clair Avenue, north of Red Creek Springs Road, and
west of Walnutcrest Drive. The Planning and Zoning Commission voted
unanimously to recommend approval of the applicant's request to subdivide with
the following modification to the subdivision regulation:
A request to change the street cross section for three of the twelve streets that
are within this subdivision by changing from the standard 2% cross slope to a
proposed 3% cross slope.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated March 29, 2005. This
application is concurrent with Rezoning Z- 05 -02, which was also approved
unanimously.
FINANCIAL IMPACT
None.
Reception 1622914
06/03/2005
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on ?7 , - Re' ff 05 7i. 2 between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Domega Homes
Of Colorado, Inc.
( "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
Regency Crest Subdivision Filing No. 7
( "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 ".
3. The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements.
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Ch C. Munoz PuebloC y
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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CRYSTAL L. TROUT
( EAL) NOTARY PUBLIC
STATE OF COLORADO
My iwQii%miusion Evom 06/18/2008
The foregoing
� , by .
My commission expires
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
page; 0141
Chris C. loft Clk &RecSUBD RGR 71.00 0 0.00
Chris C. Munoz Pueblo( Y ___
Subdivider
By: 04' - t
By: e
vie ed before on
�/� Subdivider.
_13 --07
• IIIIIII
Oil
city
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowle(
.lYle by
President of City Council, and
Pueblo, Colorado.
Witness my hand and official seal.
C' -
Notary Public
CIT'
Lo
before me
as City
_ day of
car. . , as
of the City of
My commission expires: R -21-2VI
[ SEAL]
APPROVED AS TO FORM:
City Attorney
I� �1 � LL I Notary Public
If'
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Chris C. Munoz -
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
PHASE 1
POND /PARK IMPROVEMENTS
Subdivision Name: Regency Crest Subdivision, Filing No. 7
Developer: The Proctor Family Partnership, LLLP & Domega Homes, LLC
Engineer: Quentin N. Armijo
Unit Description
Quantity Units
Unit Cost
Cost
Drainage
Pond Outlet Structure
1.00 LS
$3,000.00
$3,000.00
15' Storm
19.00 LF
$35.00
$665.00
24" Storm
74.00 LF
$40.00
$2,960.00
36" Storm
287.00 LF
$65.00
$18,655.00
Subtotal Drainage:
$25,280.00
Total Subdivision Improvements: $25.280.00
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SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
PHASE 2
POND /PARK IMPROVEMENTS
Subdivision Name: Regency Crest Subdivision, Filing No. 7
Developer: Domega Homes of Colorado, LLC
Engineer: Quentin N. Armijo
Unit Description Quantity Units
Unit Cost
Cost
2. Concrete
4" concrete (around park) 8,700.00 SF
$2.50
$21,750.00
Handicapp ramps (around park) 465.00 SF
$3.00
$1,395.00
Subtotal Street Improvements:
$23,145.00
Drainage
Planting and Vegetation 2.00 AC
$12,000.00
$24,000.00
riprap 45.00 CY
$50.00
$2,250.00
bio swale channel 650.00 LF
$20.00
$13,000.00
Subtotal Drainage:
$39,250.00
Soil Preparation, Irrigation System, Seeding
5.06 AC
$16,735.00
$84,679.10
Landscaping
Shade Trees 40.00 EA
$400.00
$16,000.00
Ornamental Trees 25 EA
$400.00
$10,000.00
Playground Equipement (ADA Accessible) 1.00 EA
$50,000.00
$50,000.00
Subtotal Landscaping:
$76,000.00
Total Subdivision Improvements:
$223.074.10
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SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
PHASE 2
NEIGHBORHOOD D
Subdivision Name: Regency Crest Subdivision, Filing No. 7
Developer: Domega Homes of Colorado, LLC
Engineer: Quentin N. Armijo
Unit Description
Quantity
Units
Unit Cost
Cost
Street
$3.00
$7,812.00
4" concrete
6,950.00 SF
Pavement
$17,375.00
Handicapp ramps
1,320.00 SF
$3.00
5" on 9" (Collector)
7,046.00
SY
$19.00
$133,874.00
4" on 6" (Local 32)
827.00
SY
$14.50
$11,991.50
3" on 6" (Local 36)
3,818.00
SY
$12.50
$47,725.00
Subtotal Pavement:
$193,590.50
Concrete
Curb & Gutter
6,167.00 LF
$10.00
$61,670.00
6" concrete
2,604.00 SF
$3.00
$7,812.00
4" concrete
6,950.00 SF
$2.50
$17,375.00
Handicapp ramps
1,320.00 SF
$3.00
$3,960.00
Subtotal Street Improvements:
$90,817.00
Sanitary Sewer
Main Line 1,124.00 LF $30.00 $33,720.00
48" Sanitary Manholes 5 EA $2,200.00 $11,000.00
Service Line 31 EA $1,000.00 $31,000.00
Subtotal Sanitary Sewer: $75,720.00
Water Distribution
Main line 1,052.00 LF $45.00 $47,340.00
Fire Hydrant Assembly 5 EA $3,000.00 $15,000.00
Service Line 31 EA $500.00 $15,500.00
Subtotal Water Distribution: $77,840.00
Monument Boxes 4 EA $575.00 $2,300.00
Street Lights 12 EA $1,300.00 $15,600.00
Street Name & Stop Signs
60' ROW T intersection 4 $200.00 $800.00
Regulatory 2 $200.00 $400.00
Subtotal Water Distribution: $1,200.00
Barricades 2.00 $825.00 $1,650.00
Total Subdivision Improvements: $458.717.50
Reception 1622915
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the 1404eLrR 25 ZQ'Lf
Subdivision Improvements Agreement for Regency Crest Subdivision Filing No. 7 (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 2� ` &or —
Domep-a Homes of Colorado, Inc.
Subdivider
DPW 103
1/6/04
IIII IIIIII III IIIIIII III VIII IIII IIII 1622915 14?
C Munoz PuebloC t Y Uk6Rao ADD RGRR 16.00 0 0. 00
IIIIIIIII
Ch ris unoz
By a *10646 Q O C'W aP,tl� IM
By
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
T fore oing ins ent was ack_qowledged before me this Z5 day of
by .7 'Me To , Subdivider.
Witness my hand and official seal.
My commission expires:
[ S A I:FYSTAL L. TROUT N6 y lic
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 05!13!2008
CITY OF PUEBLO,
a M al Corporation `
By
Presi ent of the Co cil
DPW 103
1/6/04
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 99:14L
Chris C. Munoz Pueb1oCtyC1k &Reo ADD AGRR 16.00 D 0.00
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT L°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:
Block 1 Lots 1 -9
Block 2 Lots I -10
Block 3 Lots 1 -17
Block 4 Lots 1 -19 and 34 -46
Block 11 Lots 1 -9
Block 10 Lots 1 -3
(b) Phase II shall consist of the following lots within the Subdivision:
Block 3 Lot 18 -24
Block 4 Lots 20 -33
Block 5 Lots 1 -24
Block 6 Lots 1 -6
Block 7 Lots 1 -10
Block 8 Lots 1 -6
Block 9 Lots 1 -15
Block 10 Lots 4 -12
(c) Phase III shall consist of the following lots within the Subdivision: r f
(d) Phase IV shall consist of the following lots within the Subdivision: J ""
Reception 1622916
06/03/2005
EA SS k EMENT RIGHT OF WAY
THIS EASEMENT, granted this ZS d of
by
The Proctor Family Partnership No. 2 GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE
WITNESSETH
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) 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 storm drainage,
in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and
described as follows: (the "Property ")
See attached Exhibit "A"
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 Property 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 assigns
of the GRANTOR and GRANTEE.
SIGNED this _ day of ZdQ
GRANTOR
By
COUNTY OF PUEBLO ) C. T. Proctor
)ss General Partner
STATE OF COLORADO ) The Proctor Family Partnership No. 2
The foreg instrumentt� ia{s acknowledged before me this 225 —day of
by t `IC+
Witness my hand and official seal.
AIy commission expires 0
CRYSTAL L. TROUT
NOTARY PUBLIC
STATE OF'COLORADO
My Commission Expires 05/13/2008