HomeMy WebLinkAbout07405Reception 1722137
04/16/2007
ORDINANCE NO. 7405
AN ORDINANCE APPROVING THE PLAT
OF REGENCY BUSINESS PARK SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Business Park Subdivision, being a subdivision of land
legally described as:
A portion of Blocks 8, 9, 13, 14, 16, 17, 18 and the vacated streets and alleys adjacent
thereto and Blocks 23, 24, 25, 26, 27 and 35 and the streets and alleys adjacent thereto
all in Columbia Heights, according to the recorded plat thereof, filed for record May 23,
1888 and being more particularly described as follows:
IN Block 8
That portion of Lots 20 through 36, both inclusive, lying South of the South boundary
line of Regency Ridge Subdivision, 1 8t Filing, according to the recorded plat thereof,
filed for record March 17, 1995 in the Pueblo County records
AND in Block 9
All of Lots 19 through 30, both inclusive, AND that portion of Lots 7 through 18, both
inclusive, lying South of the South boundary line of said Regency Ridge Subdivision, 1S
Filing
AND in Block 13
All of Lots 5 through 10, both inclusive, AND that portion of Lots 11 through 15, both
inclusive, lying Northeasterly of Thames Drive, as platted in said Regency Ridge
Subdivision, 1 St Filing AND that portion of Lots 1 through 4, both inclusive and that
portion of Lots 27 through 32, both inclusive, lying North of the Northwesterly boundary
line of Regency Butcher Subdivision, 1 St Filing, according to the recorded plat thereof,
filed for record July 31, 1998 in the Pueblo County records AND all of Lots 19 through
23, both inclusive AND that portion of Lots 14 through 18, both inclusive and that portion
of Lots 24 through 27, both inclusive, lying Southwesterly of said Thames Drive
AND in Block 14
All of Lot 1 AND all of Lots 29 through 36, both inclusive, AND that portion of Lots 2
through 8, both inclusive, AND that portion of Lots 22 through 28, both inclusive, lying
South of the South boundary line of Regency Ridge Subdivision, 2 nd Filing, according to
the recorded plat thereof, filed for record April 26, 1995 in the Pueblo County records
AND in Block 16
All of Lots 19 through 31, both inclusive, AND all of Lot 36 AND that portion of Lots 1
through 18, both inclusive, lying South of the South boundary line of said Regency
Ridge Subdivision, 2 nd Filing
IAND in Block 17
All of Lots 1 through 36, both inclusive
AND in Block 18
All of Lots 9 through 26, both inclusive, AND that portion of Lots 27 through 33, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located AND that portion of 4 through 8, both inclusive, lying Southwesterly
of Thames Drive, as platted in said Regency Ridge Subdivision, 1 St Filing
AND in Block 23
That portion of Lots 13 through 18, both inclusive, lying North of the North right -of -way
line of Colorado State Highway No. 78, as presently located
AND in Block 24
All of Lots 1 through 30, both inclusive, AND that portion of Lots 31 through 36, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located
AND in Block 25
All of Lots 1 through 36, both inclusive
AND in Block 26
All of Lots 1 through 18, both inclusive, AND all of Lots 19 through 34, both inclusive,
AND that portion of Lots 35 and 36, lying North of the North right -of -way line of
Colorado State Highway No. 78, as presently located
AND in Block 27
All of Lots 16, 17 and 18 AND that portion of Lots 10 through 15, both inclusive, and that
portion of Lots 19 and 20, lying North of the North right -of -way line of Colorado State
Highway No. 78, as presently located
AND in Block 35
All of 12 through 18, both inclusive, AND that portion of Lots 5 through 11, both
inclusive, and that portion of Lots 19 through 25, both inclusive, lying North of the North
right -of -way line of Colorado State Highway No. 78, as presently located.
All in the County of Pueblo, State of Colorado
Except the following:
Except that portion now platted at Regency Ridge Subdivision, 1 St Filing as shown on
plat at Reception No. 1074138; and Regency Ridge Subdivision, 2 nd Filing as shown on
plat at Reception No. 1078134.
Except that portion in Lots 1 to 3 sold to State Highway Commission at Reception No.
984586, 984588, 984589, 984592, 984593, 984594, 984596, and 984597, and except
that portion annexed to the city at Reception No. 1073037; and except that portion
conveyed in warranty deed to Butcher & Associates, Inc., recorded May 15, 1997 in
Book 2997 at Page 300, Reception No. 1168894.
Containing 32.06 acres, more or less
is hereby approved, and all dedicated streets, utility and drainage easements, rights -of-
way and land set aside for public sites, parks and open spaces shown and dedicated on
said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 3.
Neither the adoption of this ordinance nor the requirements imposed hereby shall
create any duty or obligation of any person, firm, corporation or other entity with regard
to the enforcement or nonenforcement of this ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
ordinance or in the City's subdivision ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
SECTION 4.
This ordinance shall be approved upon final passage but shall not become
effective until (a) all information, documents, drawings, profiles, and plat required by
Chapter 4 of Title XII of the 1971 Code of Ordinances meeting and complying with the
subdivision requirements of the City with such modifications, if any, approved by City
Council, have been filed with and approved by the Director of Public Works, and (b) the
final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder.
If any such filings and approvals have been deferred pursuant to Section 12-4 -5 (B) (2)
of the Pueblo Municipal Code, and are not for any reason filed and approved within one
(1) year after final passage of this Ordinance, or within any extended period granted by
Resolution of the City Council, this ordinance shall automatically be rescinded and
repealed thirty (30) days after written notice of such rescission and repeal is given to the
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
INTRODUCED: November 14, 2005
BY: Michael Occhiato
COUNCIL
L APPROVED
PRESI N F CITY C IL
ATTESTED BY:
C Y CLERK
■ AND APPROVED: N. u. 00
Background Paper for Proposed
ORDINANCE
r- -
AGENDA ITEM # 30
DATE: NOVEMBER 14, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORIJERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE PLAT OF REGENCY BUSINESS PARK
SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide a 32.06 acre for the purpose of
commercial and residential development?
RECOMMENDATION
The Planning and Zoning Commission, at their October 12, 2005 regular
meeting, voted 4 -0 to recommend approval.
BACKGROUND
Regency Business Park is generally located on the south side of Pueblo, on the
west and east sides of Thames Drive and north of Colorado State Highway 78.
With this request the applicant intends to resubdivide a 32.06 acre portion of the
Columbia Heights subdivision, platted in 1888, into 19 lots, two (2) parcels 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 November 2, 2005. This
application is concurrent with Vacation V- 05 -10, which was also approved
unanimously.
FINANCIAL IMPACT
None.
Reception 1722139
04/16/2007
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on l cZ , c2OD& , between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
Regency Business Park LLC
a Colorado Limited Liabilitv Comnnnv
( "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
Business Park, LLC
( "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.
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or with any bank or trust company licensed in the State of Colorado, subject to an
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 Tien 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.
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6. Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City.
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City.
8. Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights- of-way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (I ) 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
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Gilbert Ortiz Puebl OCtyClk &Rec SUBD HGR 76.00 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 anv 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
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit "B" and Plans and Documents fail to describe 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 ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then 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, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil 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 Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12 -4-
70)(9) 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
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit - 13". provided. however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit `B" by the Director of Public Works.
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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.
Regency Business Park, LLC, a Colorado Limite
Subdivider Liability Company
(SEAL) B
y �
By: Clay Whitham, Manager
The foregoing instrument was acknowledged before me on octr&A° /..2
by Clay Whitham Manager of Regency Business Park LLC , Subdivider.
a Colo Limited Compan
My commissiore
TARY Notary Public
u � \ PUBLIC O CITY OF PUEBLO, a Muni ' orl
P
9J. O
F �F COV
, MYe�sionexpir� es 10.2&2009 'k L �� ���� 'esid\i of City Council
ATT i51 n�
City k Q
STATE OF COLORADO
)ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me this 'k'1 day of
A pf i RUC) by _E� U0Cia U�r as
Pre ident of City Council, and C i v�cq l{� b �� as City Clerk of the City of
Pueblo, Colorado.
DPW 101
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�ry
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My hand and official seal.
commission expires:
APPROVED AS TO FORM:
<.
Notary Publi
City A` ttorney
II VIII II III I III I VIII IIII II III o 722139
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Gilbert Ortiz PuebloCtyCld.Rec SUBO BGR 76.00 D 0.00
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EXHIBIT A
LAND DESCRIPTION
A portion of Blocks 8, 9, 13, 14, 16, 17, 18 and the vacated streets and alleys adjacent
thereto and Blocks 23, 24, 25, 26, 27 and 35 and the streets and alleys adjacent
thereto all in Columbia Heights, according to the recorded plat thereof, filed for record
May 23, 1888 and being more particularly described as follows:
IN Block 8
That portion of Lots 20 through 36, both inclusive, lying South of the South boundary
line of Regency Ridge Subdivision, 1st Filing, according to the recorded plat thereof,
filed for record March 17, 1995 in the Pueblo County records
AND in Block 9
All of Lots 19 through 30, both inclusive, AND that portion of Lots 7 through 18, both
inclusive, lying South of the South boundary line of said Regency Ridge Subdivision, 1st
Filing
AND in Block 13
All of Lots 5 through 10, both inclusive, AND that portion of Lots 11 through 15, both
inclusive, lying Northeasterly of Thames Drive, as platted in said Regency Ridge
Subdivision, 1st Filing AND that portion of Lots 1 through 4, both inclusive and that
portion of Lots 27 through 32, both inclusive, lying North of the Northwesterly boundary
line of Regency Butcher Subdivision, 1 st Filing, according to the recorded plat thereof,
filed for record July 31, 1998 in the Pueblo County records AND all of Lots 19 through
23, both inclusive AND that portion of Lots 14 through 18, both inclusive and that
portion of Lots 24 through 27, both inclusive, lying Southwesterly of said Thames Drive
AND in Block 14
All of Lot 1 AND all of Lots 29 through 36, both inclusive, AND that portion of Lots 2
through 8, both inclusive, AND that portion of Lots 22 through 28, both inclusive, lying
South of the South boundary line of Regency Ridge Subdivision, 2nd Filing, according to
the recorded plat thereof, filed for record April 26, 1995 in the Pueblo County records
AND in Block 16
All of Lots 19 through 31, both inclusive, AND all of Lot 36 AND that portion of Lots 1
through 18, both inclusive, lying South of the South boundary line of said Regency
Ridge Subdivision, 2n Filing
lllllllllllllllllllllll lull lull 111 lullllil llll00 Page: 6/ 0 0 47ia
Gilbert Ortiz 39
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D 9.99
AND in Block 17
All of Lots 1 through 36, both inclusive
AND in Block 18
All of Lots 9 through 26, both inclusive, AND that portion of Lots 27 through 33, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located AND that portion of 4 through 8, both inclusive, lying
Southwesterly of Thames Drive, as platted in said Regency Ridge Subdivision, 1st Filing
AND in Block 23
That portion of Lots 13 through 18, both inclusive, lying North of the North right -of -way
line of Colorado State Highway No. 78, as presently located
AND in Block 24
All of Lots 1 through 30, both inclusive, AND that portion of Lots 31 through 36, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located
AND in Block 25
All of Lots 1 through 36, both inclusive
AND in Block 26
All of Lots 1 through 18, both inclusive, AND all of Lots 19 through 34, both inclusive,
AND that portion of Lots 35 and 36, lying North of the North right -of -way line of
Colorado State Highway No. 78, as presently located
AND in Block 27
All of Lots 16, 17 and 18 AND that portion of Lots 10 through 15, both inclusive, and
that portion of Lots 19 and 20, lying North of the North right -of -way line of Colorado
State Highway No. 78, as presently located
AND in Block 35
All of 12 through 18, both inclusive, AND that portion of Lots 5 through 11, both
inclusive, and that portion of Lots 19 through 25, both inclusive, lying North of the
North right -of -way line of Colorado State Highway No. 78, as presently located.
VIII II II IIII IIII I IIII III I VIII I IIIIII II III
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Gilbert Ortiz PuebloCtyClk&Rec SUBD AGR 70.00 D 0.00
All in the County of Pueblo, State of Colorado
Except the following:
Except that portion now platted at Regency Ridge Subdivision, 15t Filing as shown on
plat at Reception No. 1074138; and Regency Ridge Subdivision, 2 " Filing as shown on
plat at Reception No. 1078134.
Except that portion in Lots 1 to 3 sold to State Highway Commission at Reception No.
984586, 984588, 984589, 984592, 984593, 984594, 984596, and 984597, and except
that portion annexed to the city at Reception No. 1073037; and except that portion
conveyed in warranty deed to Butcher & Associates, Inc., recorded May 15, 1997 in
Book 2997 at Page 300, Reception No. 1168894.
Containing 32.06 acres, more or less
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
June 21, 2005
IN 05 036 00
1111111 Pill IIIIIII1111 I111111111111 III 1111 0 0�47F
0
Detention Facilities
24" RCP
38 L.F. @
$41.00 /LF =
$1,558
Grading
1 AC @
$16,528.00 /AC =
$16,528
Planting and Establishing Vegetation
1 AC @
$12,396.00 /AC =
$12,396
Riprap
12 CY @
$52.00 /CY =
$624
DETENTION POND -TOTAL $31,106
TOTAL KINGSROYAL BOULEVARD:
$405,286
TOTAL NEWMARKET STREET:
$147,754
TOTAL BLOCK 1 UTILITIES:
$74,497
TOTAL BLOCK 3 UTILITIES:
$48,639
TOTAL BLOCK 2 UTILITIES:
$500
TOTAL BLOCK 1 DRAINAGE IMPROVEMENTS:
$48,207
TOTAL BLOCK 3 DRAINAGE IMPROVEMENTS:
$74,686
TOTAL DETENTION POND:
$31,106
TOTAL PROJECT: $830 675
This is an estimate only. Actual construction costs may vary.
PREPARED BY: S. SLATE
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the required Public Improvements shown hereon and on the Plans and
Specifications meet the requirements of and have been designed in accordance with Chapter 4, Title XII of the
Pueblo Municipal Code as amended and the current standards and specifications as approved by City Council, (ii)
the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the
Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by
the City 4f.,P.ueblo.
K. �K
Professional Engineer Date
Reception 1722140
04/16/2007
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(STORMWATER DETENTION FACILITY MAINTENANCE)
This Addendum shall be incorporated in and become a part of the
UCTObu- Q- 2COCp , Subdivision Improvements Agreement for
Regency Business Park LLC and enforceable as provided in
said Subdivision Improvements Agreement.
Subdivider will construct and install as part of the required public
improvements for Regency Business Park LLC the stormwater
detention facility (the "Facility ") and associated improvements in accordance
with the plans and specifications prepared by Subdivider, approved by, and on
file with the City. Subdivider shall replace the top soil after construction of
the Facility and re- vegetate by seeding the entire area with a drought tolerant
grass mix approved by the City. Subdivider will provide a temporary
irrigation system for, and irrigate the re- vegetated area after planting until the
grasses are well established. Subdivider will be responsible for all costs
associated with the construction of the Facility and associated improvements
as well as the temporary irrigation system, revegetation, and irrigation
including fees payable to the Board of Water Works and charges for water.
2. Subdivider will maintain in good condition and repair the Facility, associated
improvements and revegetation (including irrigation and mowing) until (i) the
Facility, associated improvements, and revegetation are accepted for
maintenance in writing by the City's Director of Public Works (the "City's
Acceptance ") and (ii) Subdivider pays the Maintenance Contribution to the
City.
3. Subdivider will pay to City the sum of S 2,500.00 as a one time
contribution for future Facility maintenance (the "Maintenance Contribution ")
on or before the earlier (i) the date of City's Acceptance, or (ii) the date
Subdivider requests release from the Subdivision Improvements Agreement
for the last lot or lots in the subdivision. or (iii) the date of issuance of a
Certificate of Occupancy for the last structure in the subdivision.
4. Subdivider will be released from all obligations under this Addendum after
City's Acceptance and receipt by City of the Maintenance Contribution.
Thereafter, City will assume the obligation to maintain the Facility, associated
improvements and revegetation.
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Gilbert Ortiz PuebloCtyClk &Rec ADD AGAR 11.00 D 0.00
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 City and Subdivider and their respective heirs,
personal representatives, successors, and assigns:
Executed at Pueblo, Colorado as of Ce&�JZ/L. /a aQL� & ,
Regen Business Park LLC a Colo Limited
Subdivider Liability Company
By: Clay Whitham Manager
(Seal)
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
,�2Q,y
day of OC4 , 07006 by Clay Whitham, Manager of Regency Bu siness Park,
LLC a Colorado Eer Subdivider.
Limited Liability Company
My commission es:
NOTARY
U� PUBLIC o
F OF Co
My commission expires 10-28 -2009
Notary Publi
CITY OF PUEBLO
A Municipal Corporation
B ,
Preside t of the ouncil
DPW 104
12/03/98
Reception 1722164
04/16/2007
DECLARATION OF COVENANTS CONCERNING
Drainage and Private Utility EASEMENTS FOR
(type of easement)
Regency Business Park, LLC
(name of subdivision)
THIS DECLARATION OF COVENANTS is made as of O�� /11
,2?0n(,o by Regency Business Park, LLC, a Colorado Limited Liabilit
Company herein the "Declarant ".
Easement means and includes the land shown and dedicated on the plat of the
Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for
landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that
serve or benefit the Subdivision. Easements granted or dedicated outside of the
Subdivision are described in the attached Exhibits ("B ", "C ").
Facilities means and includes storm w ater detention and drai nage on
private utilities located in an Easement.
Lot means a lot or other designated parcel of land within the Subdivision other
than Easements.
Lot Owner means and includes all persons and entities having any right, title or
interest in and to a Lot, or any part thereof.
Subdivision means the Regency Business Park, LLC
Subject Property means the real property located in Pueblo County, Colorado and
described in the attached Exhibit "A ".
RECITALS
A. Declarant is the record owner of. and has fee simple title to the Subject
Property.
1. Insert name and address of property owners.
2. Describe all improvements, the repair. maintenance. and replacement of which are not the
obligation of the City nor any provider of utility services.
I Insert name of subdivision.
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Gilbert Ortiz PuebloCtyClk &Rec DEC C R 36.00 D 0.00
B. Declarant intends to or has subdivided the Subject Property and platted the
Subject Property as the Subdivision.
C. Declarant desires to provide for the orderly development of the Subdivision
and to insure the proper installation, maintenance and repair of the Easements
and Facilities.
NOW THEREFORE, Declarant declares that the Subject Property and all Lots
within the Subdivision shall be held, transferred, sold, conveyed, occupied, and used
subject to the following covenants, conditions, and restrictions:
1. Purpose The purpose of the covenants and provisions of this Declaration of
Covenants is to insure the proper and orderly development of the Subject Property and to
provide a reasonable method to maintain and repair the Easements and Facilities to the
benefit of all the Lots within the Subdivision.
2. Covenants
(a) Declarant shall install the Easements and Facilities in accordance
with the plans and specifications therefore approved by, and on file
with the City of Pueblo. Declarant shall record this Declaration of
Covenants in the office of the Pueblo County Clerk and Recorder
contemporaneously with but immediately after the recording of the
plat of the Subdivision.
(b) Each Lot Owner shall be primarily responsible for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities located in an Easement on or
adjacent to such Lot Owner's Lot; provided, however, that all Lot
Owners shall be jointly and severally liable for maintaining the
Facilities in good working order and condition and for the repair
and replacement of the Facilities.
(c) The City of Pueblo is granted the right at its option (but not the
obligation) to inspect, control, repair, maintain and replace the
Facilities and to recover all costs and expenses thereof plus an
administrative charge of 15% from the Lot Owners. All such
City's cost and administrative charge shall become a perpetual lien
on all the Lots within the Subdivision upon recording in the office
of the Pueblo County Clerk and Recorder a statement of lien
settine forth City's cost and describing the Lots signed by the
City's Director of Public Works. Failure of the City to inspect,
control, repair, maintain or replace the Facilities shall not subject
the City of Pueblo to any liability for such failure.
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3. Binding Effect
Each of the covenants and provisions of this Declaration of Covenants shall run
with the Subject Property and Lots within the Subdivision, and shall forever
be binding upon and inure to the benefit of all Lot Owners and their respective
heirs, personal representatives, successors and assigns.
4. Enforcement.
(a) The covenants and provisions of this Declaration of Covenants
shall be enforceable at law or in equity by any Lot Owner or the
City of Pueblo against any person or entity violating, attempting to
violate, or not complying with any of the covenants and provisions
of this Declaration of Covenants.
(b) Failure of any Lot Owner or the City of Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall
in no event constitute or be deemed to constitute a waiver of the
right to do so thereafter, and shall not subject any Lot Owner or the
City of Pueblo to any liability for failure to enforce.
(c) The enforcing party may seek and recover damages or injunctive
relief or both. In the event of any action or litigation arising out of
or to enforce this Declaration of Covenants, the Court shall award
the prevailing party its costs and expenses including reasonable
attorney fees. Venue for any such action shall be in the District
Court In And For the County of Pueblo, State of Colorado, and for
purposes thereof. Declarant and all Lot Owners agree to submit to
the jurisdiction of that Court.
5. Survival
Invalidation of any one of the covenants or provisions of this Declaration of
Covenants whether by final judgment or court order shall not affect any of the
remaining covenants or provisions, which shall remain in full force and effect.
6. Modification
Neither this Declaration of Covenants nor any of the provisions hereof may be
cancelled, terminated, amended or modified without the prior written consent of
all the Lot Owners and the City of Pueblo.
DPW 105
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Pa Gilbert Ortiz (IIIII VIII IIIIIII IIII IIIII IIIII III IIIII IIII IIII O
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Applicable Law
This Declaration of Covenants shall be construed, interpreted and enforced in
accordance with the laws of the State of Colorado.
Executed the day and year first above written.
Declarant
COUNTY OF PUEBLO ) Clay Whitham, Manager of Regency Business Park,
)ss. LLC, a Limited Liability Company
STATE OF COLORADO)
T e foregoing instrument was acknowledged before me this /c' day of
'0— a= by Clay Whitham Manager of Reg ency Business Park,
LLC, a Limited Liability Company
Witness my hand and official seal.
mission expires:
�_�!;(���
G 9y
Y� 4N La c�J
KAR y � otary Public
U� PUBLIC o
9TF OF rO\ -\
My commission expires 10- 282009
DPW 105
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IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Peg*: 5 of 7
Gilbert Ortiz PU4bloCtyClk&R*c DEC C R 36.00 D 0. 00
EXHIBIT A
LAND DESCRIPTION
A portion of Blocks 8, 9, 13, 14, 16, 17, 18 and the vacated streets and alleys adjacent
thereto and Blocks 23, 24, 25, 26, 27 and 35 and the streets and alleys adjacent
thereto all in Columbia Heights, according to the recorded plat thereof, filed for record
May 23, 1888 and being more particularly described as follows:
IN Block 8
That portion of Lots 20 through 36, both inclusive, lying South of the South boundary
line of Regency Ridge Subdivision, 15t Filing, according to the recorded plat thereof,
filed for record March 17, 1995 in the Pueblo County records
AND in Block 9
All of Lots 19 through 30, both inclusive, AND that portion of Lots 7 through 18, both
inclusive, lying South of the South boundary line of said Regency Ridge Subdivision, li
Filing
AND in Block 13
All of Lots 5 through 10, both inclusive, AND that portion of Lots 11 through 15, both
inclusive, lying Northeasterly of Thames Drive, as platted in said Regency Ridge
Subdivision, I" Filing AND that portion of Lots 1 through 4, both inclusive and that
portion of Lots 27 through 32, both inclusive, lying North of the Northwesterly boundary
line of Regency Butcher Subdivision, ls Filing, according to the recorded plat thereof,
filed for record July 31, 1998 in the Pueblo County records AND all of Lots 19 through
23, both inclusive AND that portion of Lots 14 through 18, both inclusive and that
portion of Lots 24 through 27, both inclusive, lying Southwesterly of said Thames Drive
AND in Block 14
All of Lot 1 AND all of Lots 29 through 36, both inclusive, AND that portion of Lots 2
through 8, both inclusive, AND that portion of Lots 22 through 28, both inclusive, lying
South of the South boundary line of Regency Ridge Subdivision, 2nd Filing, according to
the recorded plat thereof, filed for record April 26, 1995 in the Pueblo County records
AND in Block 16
All of Lots 19 through 31, both inclusive, AND all of Lot 36 AND that portion of Lots 1
through 18, both inclusive, lying South of the South boundary line of said Regency
Ridge Subdivision, 2 Filing
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 72 of 7 P
Gilbert Ortiz PueblaCtyClk &Rec DEC C R 36.00 D 0.00
AND in Block 17
All of Lots 1 through 36, both inclusive
AND in Block 18
All of Lots 9 through 26, both inclusive, AND that portion of Lots 27 through 33, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located AND that portion of 4 through 8, both inclusive, lying
Southwesterly of Thames Drive, as platted in said Regency Ridge Subdivision, 1 st Filing
AND in Block 23
That portion of Lots 13 through 18, both inclusive, lying North of the North right -of -way
line of Colorado State Highway No. 78, as presently located
AND in Block 24
All of Lots 1 through 30, both inclusive, AND that portion of Lots 31 through 36, both
inclusive, lying North of the North right -of -way line of Colorado State Highway No. 78,
as presently located
AND in Block 25
All of Lots 1 through 36, both inclusive
AND in Block 26
All of Lots 1 through 18, both inclusive, AND all of Lots 19 through 34, both inclusive,
AND that portion of Lots 35 and 36, lying North of the North right -of -way line of
Colorado State Highway No. 78, as presently located
AND in Block 27
All of Lots 16, 17 and 18 AND that portion of Lots 10 through 15, both inclusive, and
that portion of Lots 19 and 20, lying North of the North right -of -way line of Colorado
State Highway No. 78, as presently located
AND in Block 35
All of 12 through 18, both inclusive, AND that portion of Lots 5 through 11, both
inclusive, and that portion of Lots 19 through 25, both inclusive, lying North of the
North right -of -way line of Colorado State Highway No. 78, as presently located.
IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIII IIIIIIII 1722 64 47P
Gilbert Ortiz PuebloCtyClkBRec DEC C R 36.00 0 0.00
All in the County of Pueblo, State of Colorado
Except the following:
Except that portion now platted at Regency Ridge Subdivision, ls Filing as shown on
plat at Reception No. 1074138; and Regency Ridge Subdivision, 2nd Filing as shown on
plat at Reception No. 1078134.
Except that portion in Lots 1 to 3 sold to State Highway Commission at Reception No.
984586, 984588, 984589, 984592, 984593, 984594, 984596, and 984597, and except
that portion annexed to the city at Reception No. 1073037; and except that portion
conveyed in warranty deed to Butcher & Associates, Inc., recorded May 15, 1997 in
Book 2997 at Page 300, Reception No. 1168894.
Containing 32.06 acres, more or less
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, Colorado 81003
June 21, 2005
JN 05 036 00
Reception 1722163
04/16/2007
NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES
Notice is hereby given to the owner(s) of Lot(s)
Block
Regency Business Park, LLC Pueblo Colorado, and their heirs, personal
subdivision
representatives, successors, and assigns, that sanitary sewer service to basements of these lot(s)
may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or
public right of way.
This notice is dated /y k 20 c,3 -
Regency Business Park, LLC, a
SUBDIVIDER Colorado Limited Liability Company
By: Jq. ulc�
Name: Brad Woods
Title: Representative
Address: PO Box 8150, Pueblo, CO 81008
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this Z�" day of
A16yrAbFA 1 20 05 by Brad Woods, Representative ,Subdivider.
Regency Business Park, a Colorado Limited Liability Company
Witness my hand and official seal.
My commission expires
[SEAL]
�, °TARy 9
t
A VBL ®G :�C
s I GWP4R -y.
My Commission Expires 07 -10 -2006
O
L 4Ke
Sla01 Notary Public