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.
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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.
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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
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(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
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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
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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
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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
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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
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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
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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
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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.
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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
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o A BU9' F 9
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REVIEWED BY: i 37197 M E ¢ i '
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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=