Loading...
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. DPW 101 0 1/0 1/06(Revised 01/11/06) 111111 Hill1llllllllll 1/111111 Hill lllllllleP /2zz 7 05 47P D 0.00 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. DPW 101 01 /01 /06(RevisedOl /11/06) 1722139 IIIIII VIII IIIIIII IIIl Il VIII ( U IIIII IIII IIII 00 4916/2 02:47P Gilbert Ortiz 0 00 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 DPW101 g 01 /01 /06(RevisedOl / 1 1/06) IIIIIIIIIII IIIIIII IIIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIII 17220 3947E 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 DPW 101 4 01/0 1 /06(RevisedO l /1 1/06) 111111 Hill11111111111 722 0 3 9.7P Gilber 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. DPW101 5 01 /01 /06(RevisedOl /11/06) 11111111 Pill 11111111111 Pill 11111 1111 04/16/20 7 0�a7F 0 0.00 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 01 /01 /06(Revised0l /I 1/06) J�.• ' A �ry L ) 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 04/36/2007 02.47 Gilbert Ortiz PuebloCtyCld.Rec SUBO BGR 76.00 D 0.00 DPW 101 01 /01/06(RevisedOl /I 1/06) 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 Gi ���� 11111 mill 1 1111111111111111111111111111 , 00 111111110 7220 3 9,7P 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 Page: 20 39,7E 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. DPW 104 12/03/98 IIII VIII II II II VIII III IIII II III III III P 7220 404,E 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. DPW 105 02/05/02 VIII II I IIII III I III II IIII VIII I III 0 72216447P 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. DPW 105 02/05/02 IIIIII VIII Illilll IIII IIIIII VIII VIII III VIII IIII IIII 04 r,12007 64 47P 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 02/05/02 Pa Gilbert Ortiz (IIIII VIII IIIIIII IIII IIIII IIIII III IIIII IIII IIII O 042 1 72 164 ,7P 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 02/05/02 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