HomeMy WebLinkAbout07712Reception 1758961
02/21/2008
ORDINANCE NO. 7712
AN ORDINANCE APPROVING THE NORTH PUEBLO
COMMERCIAL PARK, FILING NO. 1, 1 AMENDMENT
SUBDIVISION PLAT AND REPEALING ORDINANCE NO.
7613
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Pueblo Commercial Park, Filing No. 1, 1 Amendment
being a subdivision of land legally described as:
A parcel of land located in the SE % of Section 12, Township 20 South,
Range 65 West of the 6 P.M. in the County of Pueblo and State of
Colorado and being more particularly described as follows:
Considering the South line of Lot 3, Block 2, in North Pueblo Commercial
Park, Filing No. 1 to bear N. 88 °17'04" E., and all bearings contained
herein being relative thereto.
All of Lot 3, Block 2, in North Pueblo Commercial Park, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No.
1027152 and the East Y of that portion of vacated Warehouse Drive
adjacent thereto as filed for record in Book 2944 at Page 487, less that
portion deeded to the City of Pueblo as filed for record at Reception No.
1552212 in the Pueblo County records.
Containing 5.85 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 or dinance or the City' Sub
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 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 (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.
SECTION 5.
Ordinance No. 7613 is hereby repealed.
INTRODUCED: December 10, 2007
BY: Randy Thurston
COUNCILP ON
APPROVED:
P SIDE T OF drFY COUNCIL
ATTESTED BY:
i ",4 wall 4:4 -
PASSED AND APPROVED: December 31, 20 07
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Gi Pert Ortiz Clerk/Recorder
lerk County, Co
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 1-
DATE: DECEMBER 10. 2007
DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR
COMMUNITY DEVELOPMENT
TITLE
AN ORDINANCE APPROVING THE NORTH PUEBLO COMMERCIAL PARK, FILING
NO. 1, 1 AMENDMENT SUBDIVISION PLAT AND REPEALING ORDINANCE NO.
7613
ISSUE
Shall City Council approve a request to resubdivide a 5.85 -acre parcel of land to
increase the size of Lot 2, Block 1, by 2,669 square feet by relocating the southerly
property line further south approximately 18 feet?
RECOMMENDATION
The Planning and Zoning Commission, at their November 14, 2007 regular meeting,
voted 7 -0 to recommend approval.
BACKGROUND
North Pueblo Commercial Park, Filing No. 1, 1 Amendment is the resubdivision of a
5.85 acre portion of North Pueblo Commercial Park, Filing No. 1 originally approved by
the Planning and Zoning Commission on May 12, 1993. The Planning and Zoning
Commission reviewed the resubdivision on May 9, 2007. City Council approved the
resubdivision on June 25, 2007 with Ordinance No. 7613 but the plat was never
recorded. Since that time, the applicant has revised the subdivision plat and would like
to increase the size of Lot 2, Block 1, by 2,669 square feet by relocating the southerly
property line further south approximately 18 feet.
FINANCIAL IMPACT
None.
Reception 1758963
02/21/2008
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on 4 $ , 20013 between the
CITY OF PUEBLO, a Municipal C67poration ("City"), and
JPK, Inc., a South Dakota Cor poration
( "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 North
Pueblo Commercial Park Filing No. 1 1st Amendment
( "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 (18 0) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2. In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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escrow agreement approved by the City Attorney. The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires. Such deposit or escrow agreement shall be referred to as the "deposit ".
The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made. The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site. In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate. The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4. Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5. In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a lien upon all the land in the Subdivision and notice of lien may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such lien for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another.
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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.
Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City. Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9. The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block. Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same. If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance. Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine. Until all the
Required Public Improvements are completed and approved by the Director of Public
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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 shall
include the right to compel rescission of any sale, conveyance, or transfer of any
lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement. In the event of any litigation arising out of this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable expert
witness and attorney's fees. Venue for any such litigation shall be Pueblo County,
Colorado.
14. City and Subdivider have attempted by the attached Exhibit `B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
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installed by Subdivider with respect to the Subdivision. However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement'), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control.
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15. Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit "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.
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16. All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
17. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties.
18. This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer.
a
(SEAL)
ion
Ja 7 Koehle'r,
By:
The foregoing instrument was acknowledged tore me on
2008 , by James P. Koehler, President Subdivider.
JPK, Inc., a South Dakota Corporation
My. commission expires: %ho �
yv 1 I
Notary Yublic
r
CITY OF PUEBLO, a unl Corporation
wp
r n1- �rus�H� °jMO B
t t President of City Council
City rk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
ahax u - U , 2008 by ems 0 f o yi . VY p , as
President of Cl y Council, and Gina DLL+CV1er as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
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SUSAN M. BEERY
Notary Public
L ] State of Colorado
WE;b,AS TO FORM:
• o `.
Notary Pub
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ITIJ ]•71II +'1IeLIJ_1uIa
DEVELOPER:
ENGINEER:
PHASE I
Streets
1" Asphalt Overlay (88 S.Y.)
Sanitary Sewer
Service Lines
Water
Service Lines - 100' ROW
Resurface Service Trenches
Storm Sewer
21" Storm Pipe
27" Storm Pipe
Stormceptor 2400
Type 1B Manhole
Rip Rap including Filter Fabric
Erosion Control
Silt Fence
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
NORTH PUEBLO COMMERCIAL PARK,
FILING NO. 1, 1ST AMENDMENT
JPK, INC.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
5 TON @ $75.00 /TON = $375
1 EA @ $1,200.00 /EA = $1,200
1 FA
@
$1,000.00
/EA =
$1,000
1 EA
@
$5,000.00
/EA =
$5,000
60 LF
@
$43.00
/LF =
$2,580
640 LF
@
$59.00
/LF =
$37,760
1 EA
@
$25,000.00
/EA =
$25,000
2 EA
@
$2,465.00
/EA =
$4,930
15 CY
@
$55.00
/CY =
$825
450 CY @ $3.50 /LF = $1,575
PHASE I - SUBTOTAL $80,245
SUBDIVISION NAME:
1]a
ENGINEER:
PHASE II
Lot 2
Sanitary Sewer
Service Lines
Storm Sewer
Stormceptor 900
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SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT 'B"
NORTH PUEBLO COMMERCIAL PARK,
FILING NO. 1, 1ST AMENDMENT
JPK, INC.
NORTHSfAR ENGINEERING AND SURVEYING, INC.
1 EA @ $1,200.00 /EA = $1,200
1 EA @ $16,000.00 /EA $16,000
PHASE II - SUBTOTAL $17,200
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: NORTH PUEBLO COMMERCIAL PARK,
FILING NO. 1, 1ST AMENDMENT
DEVELOPER: JPK,INC.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
PHASE III
LOU
Streets
1" Asphalt Overlay (88 S.Y.)
5 TON
@
$75.00 /TON =
$375
Sanitary Sewer
Service Lines
1 EA
@
$1,200.00 /EA =
$1,200
Water
Service Lines - 100' ROW
1 EA
@
$1,000.00 /EA =
$1,000
Resurface Service Trenches
1 EA
@
$5,000.00 /EA =
$5,000
Storm Sewer
Stormceptor2400
1 EA
@
$25,000.00 /EA =
$25,000
PHASE III - SUBTOTAL $32,575
TOTAL PR03ECTe 130 020
This is an estimate only. Actual construction costs may vary.
I, 9-w - '69V1
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and Plans and
Specifications therefore constitute all of the public improvements required to be installed and constructed for the
Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications 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 of Pueblo.
Professional Engineer Date
REVIEWED BY:
REVIEWED BY:
rite OVater De artment
ra ortation Division tr
Board of Wat r r
E F 6 S toob
Directof of Public Works Date
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Reception 1758964
02/21/2008
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
(PHASED CONSTRUCTION)
This Addendum shall be incorporated in and become a part of the $ Zaa$
Subdivision Improvements Agreement for North Pueblo Commercial r f — '
the "Subdivision ") and enforceable as provided said division Improvements Agreement.
1. The Subdivider will develop the Subdivision in separate phases in the sequence
described in the attached Exhibit "A ".
?. 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.
d. 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
JPK, Inc., a South Dakota Corporati
Subdivider
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I
STATE OF COLORADO )
) ss.
COUNTY" OF PUEBLO )
The foregoing instrument was acknowledged before me this e? day of
)5)m , 20os by James P. Koehler President, JPK, Inc. , , Subdivider.
a South Dakota Corporation
Witness my hand and official seal
My commission expires:
Notary Public
CITY OF PUEBLO,
a Municipal Corporat
By
President of the Council
17 8 38964 ADD AGR 02/21/2008 09:20:39 AM
Gilbert Ortiz �cler T er, County, Co
®III K 191 «a IMM 01 h H W19i 11111
DPW 103
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17 ADD AGR 02/21/2008 09:20:39 AM
Gil'art Ortiz �Cle o County, Cc .0 D
■III K NNO W14 �11i* MW Wi 11111
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "A"
The Subdivider will develop the subdivision in separate phases in the following
sequence:
a, Phase I shall consist of the following lots within the subdivision:
Lot 1, Block I
b. Phase II shall consist of the following lots within the subdivision:
Lot 2, Block 1
C. Phase III shall consist of the following lots within the subdivision:
Lot 1, Block 1
Note: Phase III may precede Phase II in sequence.
Reception 1758965
02/21/2008
DECLARATION OF COVENANTS CONCERNING
DRAINAGE EASEMENTS EASEMENTS FOR
(type of easement)
North Pueblo Commercial Park, Filing No. 1, 1st Amendment
(name of subdivision)
200$
THIS DECLARATION OF COVENANTS is made as of
,bv JPK, Inc. a South Dakota Corporation i
, herein the "Declarant'.
DEFINITIONS
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, sweets, sidewalks, or utility proposes that
serve or benefit the Subdivision. Easements granted or dedicated outside of the
Subdivision are described in the attached Exhibits (`B ", `C" i
Facilities means and includes Storm Sewer System
`, 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 t11e North Pueblo Commercial Park, Filing No. 1
SubiectRroperty means the real property located in Pueblo Count;✓, Colorado and
described in the attached Exhibit "A
RECITALS
A. Declaant is the record owner of. and has fee simple tide to the Subject
Property.
Insert r,ameand address Of )1 owners.
—. �ICaCI'Ibe ,l _.1t10` enle'lls the pan. nlalnienanC t l :tpja e;7:ell C� 1 C a :e nor The
bhi -atiu r -,l�.0 �iait _r,io�ideiotu *illtyser,iee,.
nselinamesfs;Li1 "isi n.
y
tSt Amendment
DPVk IDS
02/05/02
17 DEC _C 02/21/2008 09:20:39 AM
Gi lbart Ortiz Clerk T Pueblo County, Co
®III A% N 7 INK16W MW Wi 11111
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:
I. 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 Ovnier shall be primarily responsible for maintaining the
Facilities in eood working order and condition and for the repair
and replacement ofthc Facilities located in an Easement on or
adjacent to such Lot Owner's Lot; provided, however, that all Lot
Owners shall bejointly 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 re-cordina in the office
oilthe Pueblo Counly Clerk and Recorder a statement oflien
settin- forth City's cost and describing the Lots signed b7 t he
City. 's Director of Public Works. Failure of the City to inspect,
c Olitl0;, L' ?Dill'. ! , iai'iitain Or IP.pi`.lCe the taCi lltl2S shall i50t Sll bjeci
e City of Pueblo to anv liability for such fail_wr.
DPW 10
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1758965 DEC C 02/21/2008 09:20:39 AM
Page: 3 of 4 k 21.00 D 0.00 T 21.00
Gilbert Ortiz�Clerk /Recorder, Pueblo County, Cc
mill K N11«11fiNIM6xmW A 11111
3. Bindine 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 ent ty violating, attempting to
violate, or not complying with any of the covenants and provisions
of this Declaration of Covenants.
(b) Failure of an Lot Owner or the City o f Pueblo to enforce any of
the covenants or provisions of this Declaration of Covenants shall
in no event constitute or he deemed to constitute a waiver of the
right to do so thereafter, and shall not subject an Lot Owner or the
City of Pueblo to any liability for failure to enforce.
(ci 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 hor the County of Pueblo, State of Colorado. and for
purposes *hereof. 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 judgruent or court order shall not affect anv of the
remaining covenants or provisions. which shall remain in full force and effect.
6. Nlodificatiou
Neither this Declaration of Covenants not any of the provisions hereof may be
cancelled. terminated. amended or modified woluout the prior written consent of
all the Lot Owners and the Croy of Pueblo.
DPW !(i5
02/05/0?
7. Aunlicable Law
17 8 58965 DEC - C 02/21/2008 09:20:39 AM
Gilbert Ortiz Clerk//Reco L T Pueblo County, Cc
®III 11% R111 �a MV0 WIN N 11 II I
This Declaration of Covenants shall be construed, intelpreted and enforced in
accordance with the laws of the State of Colorado.
Executed the day and year first above written.
Declar James R Koehler, President
COUNTY OF PUEBLO ) JPK, Inc. a South Dakota Corporation
)ss.
STATE OF COLORkDO )
The foregoing instrument was acknowledged before me this 8 day of
- �6er -AzAN 2001b by James P. Koehler, President JPK, Inc., a
South Dakota Corporation.
Witness my hand and official seal.
�Ommission expires:
Notwy } the C --
DPW I65
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4
Reception 1758966
02/21/2008
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this ? th day of�, _ 200% by
JPK, Inc. , a Grantor, to Pueblo, a Mulfici l Corp ration Grantee:
South Dakota Corporation
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and
valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, an easement and right of way for the
purpose of ingress and egress , in, through, over, under and across Grantor's
Property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install ingress and egress improvements
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
in the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantee's quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the Properly.
"Grantee" shall include the plural and the feminine. This Easement and Right of Way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors and assigns of the Grantor and Grantee.
SIGNED this ° v day of aV "Wxu 2006
GRANTO�JPK, Inc. , YA/uth Dakota Corporation
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO
The foregoing instrument was acknowledged before me this P day of
2005 by James P. Koehler, President, JPK
� Inc., a South Dakota Corporation
Witness my hand and of seal.
My Commission Expires: 1 1p
„ x
A'
•. v �� Notary Public
y .+
'A
'79.
1758966 EASE 02/21/2008 09:20:39 AM
Page: 2 of 4 R 21.00 D 0.00 T 21.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®111 I01 N 111011 INATIE W W H 11111
2
17 EASE 02/21/2008 09:20:39 AM
Gilbert Ortiz Clerk /Recorder, County, Co
®III A% R111 f 0K 11XIN WA 11111
EXHIBIT A
INGRESS /EGRESS EASEMENT
An easement for ingress and egress purposes located in a portion of North Pueblo
Commercial Park, Filing No. 1, I Amendment and located in a portion of the SE 1 /4 of
Section 12, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo
and State of Colorado and being more particularly described as follows:
The Northerly 15.00 feet of the Westerly 60.00 feet of Lot 2, Block 1 and the Southerly
15.00 feet of the Westerly 60.00 feet of Lot 3, Block 1 in North Pueblo Commercial
Park, Filing No. 1, 1" Amendment as recorded in the Pueblo County records.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, Colorado 81003
August 2, 2007
.JN 06 069 00
Page 1 of 2
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Reception 1758967
02/21/2008
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 9 day f Y
y o,, u cn,1 , 2006 b
JPK, Inc., a , Grantor, to Pueblo, a Municipal Corporation, Grantee:
South Dakota Corporation
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and
valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, an easement and right of way for the
purpose of ingress and egress , in, through, over, under and across Grantor's
Property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install ingress and egress improvements
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any equipment or
facilities therein or use thereof. Such reservation by the Grantor shall in no event include the
right to locate or erect or cause to be located or erected on the Property any building or any other
structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
to the Property and full power to grant this easement and right -of -way, and (b) will defend
Grantees quiet and peaceful possession of the Property and easement and right -of -way against
all persons who may lawfully claim title to the Property.
"Grantee" shall include the plural and the feminine. This Easement and Right of Way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors and assigns of the Grantor and Grantee.
SIGNED this _ day of pXj ( 2008
GRANTO JPK, Irnc. South Dakota Corporation
Jamo/P. Koehler,/7President
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The forego instrument was acknowledged before me this �y day of
— --_ A6Mj1r,� 2006 by James P. Koehler, President, JPK
Inc., a South Dakota Corporation
Witness my hand and official seal.
My Commission Expires: 3 ��
4 ((SEAL).
' Notary Public �(
17 8 88967 EASE 02/21/2008 09:20:39 AM
Gilbert Ortiz Clerk o T Pueblo County, Cc
■iii ��cMfat:�a,� ®i iii
2
17 EASE 02/21/2008 09:20:39 AM
Gilbert Ortiz 4 Clerk / /Reco r rder r , T Pueblo County, Ca
'
®III h111 +I 0017Ywl IN, R1 W1 ®1111
EXHIBIT A
INGRESS /EGRESS EASEMENT
An easement for ingress and egress purposes located in a portion of North Pueblo
Commercial Park, Filing No. 1, 1 St Amendment and located in a portion of the SE 1 /4 of
Section 12, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo
and State of Colorado and being more particularly described as follows:
The Northerly 12.50 feet of Lot 1, Block 1 and the Southerly 12.50 feet of Lot 2, Block 1
in North Pueblo Commercial Park, Filing No. 1, 1 St Amendment as recorded in the
Pueblo County records.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 th Street
Pueblo, Colorado 81003
August 2, 2007
IN 06 069 00
Page 1 of 2
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