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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 17 8 68961 ORD 02/21/2008 09:20:39 AM Gi Pert Ortiz Clerk/Recorder lerk County, Co ®III IA N1110 WK Wpdw W1 11 II1 Ora- III - L R D I E�7 . 4--FIW 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 DPW 101 Dec.2007 1758963 SUBD_AG 02/21/2008 09:20:39 AM Pa e: 2 of 11 R 56.00 D 0.00 T 55.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®iii 11% r���11aV191YC WITWIN 11111 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. DPW 101 Dec.2007 17 SUBD AG 02/21/2008 09:20:39 AM Ci ibert Ortiz C�ler , derr, Pueblo 11 A 5 6-00 k /Reeor Co ®III K FIRU 11111 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 DPW 101 Dm 2007 17 SUBD AG 02/21/2008 09:20:39 AM Gi lbe p rk Ortiz Clerk %Recorderr0 O Pueblo County, Cc ®iii R rovillir I'm mr1wen 11111 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 DPW 101 Dec. 2007 1758963 SUBD_RG 02/21/2008 09:20:39 AM Page: 5 of 11 R 56.00 D 0.00 T 56.00 Gl lbert Ortiz Clerk /Recorder, Pueblo County, Co ®III K rONAIRUlXKWPWFA 11111 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. DPW 101 Dec.2007 1758963 SUBD AG 02/21/2008 09:20:39 AM Pa e: 6 of 11 A 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc l��I ®iii K roFiI41014 m9CWIN ®iii 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. DPW 101 Dec.2007 z rg r c, SUSAN M. BEERY Notary Public L ] State of Colorado WE;b,AS TO FORM: • o `. Notary Pub 1758963 SUBD AG 02/21/2008 09:20:39 AM Page: 7 of 11 P 56.00 0 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®iii 11% hAWIFIV141117W 149w,wl ®iii 1 DPW l01 7 Dec. 2007 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 1758963 SUBD AG 02/21/2008 09:20:39 AM Page: 8 of 11 1 56.00 D 0.00 T 55.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K rV 1 1FNINti 4110:1 11AWN 1111 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 17 8 58963 SUBD AG 02/21/2008 09:20:39 AM Gl lber9 Or tiz Clerk /Recorderr, Pueblo County, Cc VIII n weELuvw.1491WIM 11111 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 17 SUBD_RG 02/21/2008 09:20:39 AM P� le of Gilbert Ortiz Clerk County, Co ®III K N i�Y71T1 PJ�II IIrI llul MIN 1111 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 1758963 SUBD_AG 0 2/21/2008 09:20:39 AM b"t Pa e : 11 f o Ortiz �R� 56.00 0 `f0.0' 0 T 56�.y00 I ®III in N 1117111R40f.": i `6 f 1 I JWLF� milli 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 DP W 103 1/6/04 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 1/6/04 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 02/05/02 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 0?!O5/02 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 W W W " ^ 1 n 3 h � Q q n Q 0 Nm Y v r I I - I i 0-M T N CE u m° LF 04-- m 9�i� No °u , Nam i _Y mN Y ul N `o o` U)aw W to Y� r � � xQ i I Y. r�!1 � I W I �J � � I w ? oo ar 0 0 0 b b 1N343SV3 NlVM301S ly XVMOVOJ =OI 1Nd1y35V3 N7YM3QIS Y ANMQVON— -- — -1 / / \ r� I LL U' W. z ° M 1� o0 d w W b W� b 0 N Q � ~^ I 1 W 2' yr J o N o < �m - - - - -U ° w W�U w� � w Ov Z U C W � Q QZ W S O Q 5 ¢¢ mwOZ wiw Dzw mow 11J3YY35V3 3DVN1VN0 ,S[ L - t----------------- i I Y. r�!1 � I W I �J � � I w ? oo ar 0 0 0 b b 1N343SV3 NlVM301S ly XVMOVOJ =OI 1Nd1y35V3 N7YM3QIS Y ANMQVON— -- — -1 / / \ r� I LL U' W. z ° M 1� 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 — — — — 1N3ri3SV3 39VN -Sl — — O -Y, o r N ''I 00 °° r d 0 9 �3e II �i.A§ ti A W� Q 0] t1 r O a�€ �4 3 2 woa U w W �fU V / O HMO — — — — 1N3ri3SV3 39VN -Sl — — O -Y, o r N ''I C7 00 Q �i.A§ ti A 0] t1 f7m �4 3 Bm N 0 Q u a �� _ _ _ _ ° _ _ _ _ _ _ _ _ _ _ _ u < 1N3ri3SV3N7VM301S-P.IVMOVOU,0! \ :d> _ _ _ _ _ _ _ 1N3 N7VM3015 ,59 — I ( Y B N W _— -- VI� r- N Q 1i lL 0 L CO m if) aa Gwa�aGWA C7 00