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HomeMy WebLinkAbout07542Reception 1720919 04/05/2007 ORDINANCE NO. 7542 AN ORDINANCE APPROVING THE AMENDED PARKSIDE ESTATES AT BOULEVARD PARK SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Amended Parkside Estates at Boulevard Park being a subdivision of land legally described as: A parcel of land located in the Northwest one - quarter of the Northeast one - quarter of Section 27, Township 20 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: All of Parkside Estates at Boulevard Park, according to the recorded plat thereof filed for record January 15, 2003 at Reception No. 1479624 in the Office of the Pueblo County Clerk & Recorder, County of Pueblo, State of Colorado. Said parcel contains 38.10 Acres, more or less. And that parcel of land located within the Southwest one - quarter of the Northeast one - quarter of Section 27, Township 20 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, described as follows: Beginning at the Northeast corner; Thence S 00° 49'49" E a distance of 111.18 feet to a point being the Northwest corner of Block 6, Hyde Park First Filing, also being on the South right -of -way line of 18th Street, also being the Northeast corner of Hyde Park Elementary School; Thence N 89° 55'21" W along the north property line of Hyde Park Elementary School a distance of 268.61 feet to the beginning of a tangent curve, concave northerly, having a radius of 390.00 feet; Thence along said curve through a central angle of 33 12'40" an arc distance of 226.06 feet; Thence N 56 42'41" W a distance of 61.99 feet to a point on the south boundary line of Parkside Estates at Boulevard Park; Thence N 88° 37'26" E along aforementioned south boundary line 532.49 feet to the Point of Beginning. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 0 20919 22E Gilbert Ortiz Puebl OCtyClk&Rec ORD R 21.00 D 0.00 Containing 1.08 Acres more or less. Property contains 39.18 Acres more or less. is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. The ordinance is approved upon the following conditions: 1) Prior to the recordation of the subdivision plat, the property owner shall ensure that the requirements of C.R.S. § 22 -32 -124 (1.5) (a) have been addressed. 2) Prior to the recordation of the subdivision plat, the property owner, or their designated representative, shall cause a rezoning application to be filed for Lot 1, Block 5. The rezoning application shall propose to rezone Lot 1, Block 5 to S -1, Governmental Use District and shall contain the necessary development plans as required by section 17 -4 -51 (16) of the Pueblo Municipal Code. IIIIII VIII IIIIIII IIII VIII IIIIII VIII III VIII IIII IIII O Pa 72000 �22% SECTION 4. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivision ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 5. This ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIII .00 720909224 04/05/2007 (b) conditions of Section 3 have been met and complied with, (c) 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 13, 2006 V Randy Thurston C NCILPERSON )VED: C, Cf PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: November 27, 2006 Background Paper for Proposed ORDINANCE AGENDA ITEM # ; S DATE: NOVEMBER 13, 2006 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORIJERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE AMENDED PARKSIDE ESTATES AT BOULEVARD PARK SUBDIVISION PLAT ISSUE Shall City Council approve a request to replat the property to create sixty -one (61) single - family lots and one (1) large parcel for the Cesar Chavez Charter School and Dolores Huerta Preparatory High School facilities? The Planning and Zoning Commission, at their September 13, 2006 regular meeting, voted 5 -0 to recommend approval, with the following noted: CONDITIONS OF APPROVAL 1. Prior to the recofdation of the subdivision plat, the property owner shall ensure that the requirements of C.R.S. § 22 -32 -124 (1.5) (a) have been addressed. 2. Prior to the recordation of the subdivision plat, the property owner, or their designated representative, shall cause a rezoning application to be filed for Lot 1, Block 5. The rezoning application shall propose to rezone Lot 1, Block 5 to S -1, Governmental Use District and shall contain the necessary development plans as required by section 17 -4 -51 (16) of the Pueblo Municipal Code. BACKGROUND This property is located north of Cesar Chavez Academy, south of 22 Street and east of Spaulding Avenue On December 11, 2000, City Council approved Parkside Estates at Boulevard Park Subdivision creating one hundred seventy -six (176) single - family lots. The applicant proposes to resubdivide the land to create sixty -one (61) single - family lots and one (1) large parcel for the school sites. FINANCIAL IMPACT None. Reception 1720920 04/05/2007 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on November 30, 2006, between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and the CCA Building Corporation, a Colorado Non - Profit Organization. ( "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 Amended Parkside Estates at Boulevard Park ( "Subdivision "), wishes to enter into this Sibdivision 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. The terms "building permit" and "certificate of occupancy" as used herein means and includes building or construction permits and certificates of occupancy issued by any entity having jurisdiction including, without limitation, the Pueblo Regional Building Department and the Director of the Division of Oil and Public Safety in the Colorado Department of Labor and Employment. 2. In lieu of installing the Required Public Improvements within the time period DPW 101 0 l /01 /06(Revised 01 / 11/06) IIII IIII VIII I IIII VIII VIII III II VIII IIII 0 0 20920 :2A Gilbert Ortiz PuebloCtyClkBRec SUBD RGR 116.00 D 0.00 prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance,or with any bank or trust company licensed in the State of Colorado, subject to an 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. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for DPW 101 0 1 /0 1 /06(Revised 01/11/06) II III II I III IIII VIII IIIIII II 170 2092 Gilbert Ortiz PuebloCtyClkBReo SUED RGR 116.00 D 0.00 record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete DPW101 0 1 /01 /06(Revised 01 /11/06) 0 0z09?0 Gilbert Ortiz Pue1blcCtyClk6Rec SUBD RGR 116.00 D 0.00 the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority DPW 101 0 1 /0 1/06(Revised 01/11/06) III IIII IIIIII IIII IIII II (IIII IIII II a 720923 Gilbert Ortiz Pue1bloCtyClk6Rec SUBD RGR 116.00 D 0.00 shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and Documents to describe all Required Public Improvements to be constructed and installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit `B" and Plans and Documents fail to 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 DPW 101 01 /01 /06(Revised 01 /11 /06) VIII IIII IIII III III VIII III 0 720923 Gilbert Ortiz PuebloCtyClk &Rec SUBD PGR 118.00 D 0.00 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 `B ", 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. 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. CCA Building Corporation, a ColMdo Nonprofit Corporation By: Name: Title: STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Jason T. Guerrero Chief Financial Officer The foregoing. instrument was acknowledged before me on 2007, by a %i,Syi T L-1 &-Le.r rcrZU as 6 of CCA Building Corporation, a Colorado Nonprofit Corporr ion, My commission expires: 1 62 — ,q 010 Notary Public s F�pLV. MARTINEZ NOTARY PUBLIC DPWtoi T COLORADO 0 i io vo6 0AyCWVn1W nE30=10.10'10 6 i II IIII IIII I IIII VIII II (II IIII III a 720923 Gilbert Ortiz PuebloCtyClkWec SUBD PGR 116.00 D 0.00 I1 CITY OF PUEBLO, a By: i 4'l s k : P1 . 'QS`l ti of City Council City STATE OF COLORADO COUNTY OF PUEBLO r The foregoing instrument was acknowledged before me this ''Lh day of 0 1CLL -1 7c'7 by (1A-a P ,Q QdLYA . , as President of City Council, and � as City Clerk of the City of Pueblo, Colorado. 11 ' my hand and official seal. My 6 Ptn�� ion expires: � 1 S/ to 00 7 Notary Public [S AS TO FORM: _lxw'44 City Attorney j DPW 101 0 1/0 1/06(Revised 01/11/06) IIII IIIIIIII III IIIIIIII III VIII I III 170 2092 Gilbert Ortiz Puebl OCtyClk8.Reo SUBD RGR 116.00 D 0.00 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land located in the Northwest one - quarter of the Northeast one - quarter of Section 27, Township 20 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: All of Parkside Estates at Boulevard Park, according to the recorded plat thereof filed for record January 15, 2003 at Reception No. 1479624 in the Office of the Pueblo County Clerk & Recorder, County of Pueblo, State of Colorado. Said parcel contains 38.10 Acres, more or less. And that parcel of land located within the Southwest one - quarter of the Northeast one- quarter of Section 27, Township 20 South, Range 65 West of the 6th Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, described as follows: Beginning at the Northeast corner; Thence S 00° 49'49" E a distance of 111.18 feet to a point being the Northwest corner of Block 6, Hyde Park First Filing, also being on the South right -of -way line of 18th Street, also being the Northeast corner of Hyde Park Elementary School; Thence N 89° 55'21 " W along the north property line of Hyde Park Elementary School a distance of 268.61 feet to the beginning of a tangent curve, concave northerly, having a radius of 390.00 feet; Thence along said curve through a central angle of 33° 12' 40" an arc distance of 226.06 feet; Thence N 56° 42'41 " W a distance of 61.99 feet to a point on the south boundary line of Parkside Estates at Boulevard Park; Thence N 88° 37'26" E along aforementioned south boundary line 532.49 feet to the Point of Beginning. Containing 1.08 Acres more or less. Property contains 39.18 Acres more or less. IIIIIII VIII IIIIII VIII III IIIIIII IIII 09 1 720 9 2 0 0 123 00 EXHIBIT B DEVELOPMENT: AMENDED PARKSIDE ESTATES AT BOULEVARD PARK DEVELOPER: CCA BUILDING CORPORATION 5 ENGINEER: ABEL ENGINEERING PROFESSIONALS, INC. SUMMARY PHASE 1 Roberson Drive $352,620.15 19th Street $34,249.06 18th Street $330,319.90 Detention Pond $117,318.00 Erosion Control $13,240.49 Total $1,192,551.47 PHASE 2 22nd Street $276,671.58 Wesley Drive $40,349.71 Danae Drive $426,304.44 Spaulding $82,773.43 Total $826,099.17 , GRAND TOTAL $2,018,650.63 This is an estimate only. Actual construction costs may vary. PREPARED BY: Darlene K. Horn FIRM: Abel Engineering Professionals, 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 currents 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 he t current unit prices provided by the City of Pueblo. I L [P.E.sEAL] QpO,,BU) I le o A BU9' F 9 o �� V t tO Professional Engineer Date REVIEWED BY: i 37197 M E ¢ i ' 9 : : W � zli51ol 0� •••.• ��� ��.City Of Pueblo � /ONAli-� ) A Page 14 Reception 1720922 04/05/2007 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the CCA Building Corporation, a Colorado Non - Profit Organization Subdivision Improvements Agreement for AMENDED PARKSIDE ESTATES AT BOULEVARD PARK (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of NOVEMBER 27, 2006. CCA_ Building_ Corporation,_ a_ Colorado_Non- Profit_Organization Subdivider DPW 103 1/6/04 Reception 1720923 04/05/2007 WARRANTY DEED THIS WARRANTY DEED, granted this day of Y A0* Zoo , by ?pl Wj , Grantor, to PUEBLO, a Municipal Corporation, T Grantee! WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a right of way for the purpose of widening for a roadway roundabout across Grantor's property situated in Pueblo County, Colorado, commonly known as Chamberlain's Subdivision and described as follows: (the "Property ") See attached Exhibits "A" and "B ". t/ Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant SA this right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Warranty Deed shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this 13� day of GRANTOR By: COUNTY OF PUEBLO ) A/444 y �ne% y f/./4. j A1„ y ) ss. STATE OF COLORADO ) UiG The foregoing instrument was acknowledged before me this i-�,* day of Y��aar�� sZSQ4Z_ by Witness my h$nd and official seal. My commission expires: (SEAL) L A— Notary Public ........,; '� V �^ BLS OF eM. My Commission E>�Ires 09/03x2009 Reception 1720924 04/05/2007 WARRANTY DEED THIS WARRANTY DEED, granted [his day of 1 abry r 'Z-0 , by �j,{rt�t�M p y w(. , Grantor, to PUEBLO, Municipal Corporation, Grantee. WITNESSETH: THAT INCONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a right of way for the purpose of widening for a roadway roundabout across Grantor's property situated in Pueblo County, Colorado, commonly known as Chamberlain's Subdivision and described as follows: (the "Property ") t:/ See attached Exhibits "A" and "B ". I Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and right -of -way against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Warranty Deed shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED this day of Y Je ✓I , Zoo7 GRANTOR By: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this �� day of �EAi -t tai. , �) ` , by Witness my haAd and official seal. My commission expires: CA 13 ing (SEAL) C QL� yQ_ � Notary Public �O'fAR 9pc ...BL.._a My C=nVssial Expires pypw=