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HomeMy WebLinkAbout07778Reception 1773285 06/20/2008 ORDINANCE NO. 7778 AN ORDINANCE APPROVING THE ENCLAVE AT WALKING STICK, FILING NO. 2, A SPECIAL AREA PLAN SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Enclave at Walking Stick Subdivision, Filing No. 2 being a subdivision of land legally described as: Lots 1 through 4, Block 1, Enclave at Walking Stick, Filing No. 2, A Special Area Plan And All of vacated Augusta Place lying within Block 2 of the Enclave at Walking Stick, City of Pueblo, County of Pueblo, Colorado Said Parcel contains 1.97 acres, more or less, is hereby approved, and all dedicated streets, utility and drainage easements, rights -of- way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this j 17 7 7 g 3285 ORD 06/20/2008 02:39:08 PM G, .rt z order. Pueblo 2 Clerk/Rec l Counnty, Co mill 11111 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, at 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 veste fights -shall accrue to the subdivision or be acquired until this Ordinance becom 6e�U cl�p INTRODUCED: March 24, 2008 r BY: Vera Ortegon ry f COUNCI SON / APPROV PRESIDENT OF CITY COUNCIL ATTESTED BY: TY CLERK PASSED AND APPROVED: April 14, 2008 Background Paper for Proposed ORDINANCE AGENDA ITEM # 20 3 S DATE: MARCH 24, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE ENCLAVE AT WALKING STICK, FILING NO. 2, A SPECIAL AREA PLAN SUBDIVISION PLAT ISSUE Shall City Council approve a request to subdivide a 1.97 -acre parcel of land into four residential lots; one lot for a single - family residence that is currently under construction and three lots reserved for private sale and future development? The Planning and Zoning Commission, at their February 13, 2008 regular meeting, voted 7-0 to recommend approval. BACKGROUND The building permit for a single family residence was approved on June 5, 2007 and is currently under construction. Per Section 12- 4- 3(13)b11 of the Pueblo Municipal Code (PMC) the proposed residence was approved to span three lots (Lots 13 -15, Block 2, Enclave at Walking Stick). The remaining three lots are undeveloped. The proposed Special Area Plan and Subdivision will replat the 1.97 acre property into four single family residential lots and create a private street from the vacated Augusta Place (DeRose Place). Together, the vacation, special area plan and the subdivision will allow the owner to control gated access to all lots within this subdivision. FINANCIAL IMPACT None. Reception 1773287 06/20/2008 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on March 2008, between the CITY OF PUEBLO, a Municipal Corporation ( "City"), and Edward J. DeRose and Neta B. DeRose, ("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 the Enclave at Walking Stick Filing No. 2, A Special Area Plan ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements "); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit `B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ("Plans and Documents "). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the. City and Subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. Inilieu of installing the Required Public Improvements within the time period pzlescribed 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 ". DPW 101 Dec. 2007 177 SUBD_PG 06/20/2008 02:39:08 PM Gi lbert 2 0 t o f z1Clark R 51.00 Recorde Pueblo countty Cc mill �u AY �kwr,r {;M�`suFCrrE r�law1w 11111 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. 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 DPW 101 Dec. 2007 1773287 SUBD AG 06/20/2008 02:39:08 PM Pan 3 of 10 R 51.00 D 0.00 T 51.00 Gi rt Ortiz Clerk /Recorder, Pueblo County, Cc VIII NJP1A' �GIYIa�FJiG�4� 'PNIF4�Gi�l�k�1lYKih�tiYl� ®� ��� 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 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. DPW 101 Dec. 2007 1773287 SUBD AG 06/20/2008 02:39:08 PM Page: 4 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co ®111�Ialo&'1111n oI,�,rIVII NIAINA :IW®1111 11. If the Required Public improvements are for a commercial suba1v1s1on ana mcluae 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 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 )M 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: DPW 101 Dec. 2007 1773287 S118D AG 06/20/2008 02:39:08 PM Page: 5 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill NpofKAw (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. 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 DPW 101 Dec. 2007 1773287 SUBD AG 06/20/2008 02:39:08 PM Pa 6 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill 1��1tiIk�lF. ^I�h4���J�Lri�iG�IkY��Y++lil��l Yoh ®1 u 1 County, Colorado, and shall constitute an agreement running with the land until released as described above. 19. The City agrees that upon acceptance of this Agreement by the City as evidenced by the recordation of this fully signed Agreement, the City releases and discharges the property described in Exhibit A from the following: a. The Subdivision Improvements Agreement by and between the City of Pueblo and Fekete Homes, Inc. recorded October 10, 2000 at Reception No. 1353561 (the "October 2000 Agreement). 20. The Subdivider acknowledges that the Subdivider is liable for the per lot fees for offsite improvements on three lots, as required by the October 2000 Agreement, notwithstanding the resubdivision of the property described on Exhibit A from six lots to four lots. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Edward J. DeRose, Subdivider Net B. DeRose, Subdivider The foregoing instrument was acknowledged before me on March 2008, by Edward J. DeRose and Neta B. DeRose, Subdivider. My come ' ires: 1120 //o p P -x Notary Publi W F CITY OF PUEBLO, a Municipal Corporation �p99LO President of City Council AT T: v City Ctmk e .e...,.. o . STATE OF COLORADO ss. Q COUNTY OF PUEBLO ) DPW 101 Dec. 2007 1773287 SUBD AG 06/20/2008 02:39:08 PM Pa gge: 7 of 10 R 51.00 D 0.00 7 51.00 Gi l6ert Ortiz Clerk /Recorder, Pueblo County. Cc ®��� I��dRY4l4���PIfh�'II'L�1k1l�k fieL�LI��V Ir��li The foregoing instrument was acknowledged before me this 12 f>< day of 2008 by Barbara A. Vidmar, as President of City Council, and as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. a.. ... commission expires: Notary Public ^ p�APOVD r�SO FORM: City DPW 101 Dec. 2007 1773287 SUED AG 06/20/2008 02:39:08 PR Page: 8 of 10 R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co SUBDIVISION IMPROVEMENTS AUMEUMEN 1 EXHIBIT "A" Enclave at Walking Stick Filing No. 2, A Special Area Plan Legal Description 3 -20 -08 KNOW ALL MEN BY THESE PRESENTS THAT: Edward J. DeRose and Neta B. DeRose, being the sole owners of the following described parcel of land: Lots 13, 14, 15, 16, 17 and 18, Block 2 of the Enclave at Walkingstick as recorded under Reception #1353559 of the Pueblo County Clerk and Recorder, And all of Vacated Augusta Place lying within Block 2 of the Enclave at Walkingstick, as recorded under Reception # of the Pueblo County Clerk and Recorder, City of Pueblo, Pueblo County, State of Colorado. Said parcel contains 1.97 acres more or less. DPW 101 Dec. 2007 1773287 SUBD AG 06/20/2008 02:39:08 PM Page: 9 of 10 R 51.00 D 0.00 T 51.00 Gi ert Ortiz Cierk /Recorder, Pueblo County, Co ® III�1��+�w�JkN�h��Pl9�k�lYlrMtl �+N� : 11 111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT °B" SUBDIVISION NAME: Enclave at Walking Stick Filing No. 2, A Special Area Plan DEVELOPER: Edward J. DeRose and Neta B. DeRose ENGINEER: Clark Engineering — Laurie E. Clark, P.E. Unit Description Unit Price Quantity Total Unit Cost A. DEROSE PLACE 1.) PAVEMENT a) 1" ASPHALT OVERLAY b) PATCHING, 6" FULL DEPTH $75.00 /TON 41 $ 3,075.00 $ 23.00 /SY 33 $ 759.00 MISCELLANEOUS SUB -TOTAL $ 3,834.00 CONTINGENCIES: 10% $ 384.00 TOTAL COST * *: $ 4,218.00 * *Not including Engineering, surveying or fees This is an estimate only. Actual construction costs may vary. PREPARED BY: Laurie E. Clark, P. E. FIRM: Clark Engineering The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the 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 (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. [P.E. SEAL] DPW 101 9 Dec. 2007 1773287 SURD AG 06/20/2008 02:39:08 PM Pagge: 10 of 18 R 51.00 D 0.00 T 51.00 Gi lherl Ortiz Clerk /Recorder, Pueblo County, Cc 1111MILTE Fl+r{M4UM6,MMIN N114MWitIII REVIEWED BY: tnoineejing Div. W stew er Dept. REVIEWED BY: DPW 101 Dec. 2007 St rmwater Dept. Trglfsportiiion Div. r Boar Water Works 10 - le - Oe Director ofPublic Works Date Reception 1773288 06/20/2008 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PER LOT FEE) This Addendum shall be incorporated in and become a part of the Marc L 'a e l-> Subdivision Improvements Agreement for the l_nelaye ,+ olk�na-5}ic.k l f ;.,M6. d S c; Ar�py � (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Prior to the issuance of a building permit to build or construct any building or structure within the Subdivision, the sum of $ p shall be deposited (the "Deposit ') with the Director of Finance for the future ' completion o ( f �1k+ t} Ick bot c I Cedar toeel $o"Icoor ( &.J afk-,- offs i4e Q rR.e, (r+ fif- o +1,1 n�-P ✓I kt c -F f } L l ac a p rt ccc a k: +t c - .o� per City of Pueblo } 2., The Deposit shall be held in an interest - bearing account identified as the c c _ ; „9 a cco c.� t c.c4 tfie a +kc < 1 ayyst/5 (`Accoant'�. The Deposit and interest thereon shall be expended solely for the completion of the Improvement within twelve (12) years of the date of the Deposit on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. If the improvements have not been installed within such twelve (12) year period, the twelve (12) year period shall be extended, if in the opinion of the City's Director of Public Works, it appears likely the improvements will be needed, provided that such twelve (12) year period may not be extended for more than twelve additional years. Deposits not so expended shall be refunded upon application to the record owner of the property for which the Deposit was made. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period following date of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment, together with a copy of the deed to such property showing the applicant to be the current record owner of the properly. 3. 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 of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo, Colorado as of Aiw,� 1, .9 0 : 2 0e $ � 11 1 DPW 125 12/20/06 17 RDD_RGR 06/20/2008 02:39:08 PM Gal bert Ortiz C1erk1Reoor, er0 P Pueblo 1 Co 00y. Co STATE OF COLORADO ) ,III MIMIC N��+I�'liutib�+�lbV Rtl �'��I I�fiGIi�Yl�h,l II I COUNTY OF PUEBLO ) The foregoing inWument was acknowled ed before me this 0 1 day of ( W , by a,, (;j a7`l� as of (a de 0-k C Utj oir*1C�, �i (t'na A D `a . ; � aQ. �1 Pli t3 a Subdivider. My commission expires: (6 1 /' ( 4NotPub Z Iic CITY OF PUEBLO, �' A'•.�h� /,�. a Municipal corporation By A G : P Q O President of the City Council n T •. vBV` 'Q DPW 125 12/20/06 Reception 1773289 06/20/2008 DECLARATION OF COVENANTS CONCERNING Pr; vn4� 2nyr�ss /�gres5 Pr; vei f l,c)a+er p') h EASEMENTS FOR (type of casement) L ncj4yc 2+ Wml k; nq 5 +i ck F. I1 H Ab,:l A 5pre ial A rPa7 id& � THIS DECLARATION OF COVENANTS is made as of �S� by :1. a l t j Alga _b, Easement means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for landscaping, drainage, storm water detention, streets, sidewalks, or utility purposes that serve or benefit the Subdivision. Easements granted or dedicated outside of the Subdivision are described in the attached Exhibits (`B ", "C'). Facilities means and includes "Pri } r gYlA - Pr; ya:}d Loafer Met I in , 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. Subt ivision means the CnclQVP rF Ozlkl �W-A A, Sla r-mI 3 .A, , z7,_%, Subject Property means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A ". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. 1. Insert name and address of property owners. 2. Describe all improvements, the repair, maintenance, and replacement of which are not the obligation of the City nor any provider of utility services. 3. Insert name of subdivision. DPW 105 02/05/02 177 DEC _C 08/20/2008 02:39:08 PM Gi8lbert20 of z 4 Clerk /Recorder, Pueblo County, Co ■iu� 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: 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants (a) Declarant shall install the Easements and Facilities in accordance with the plans and specifications therefore approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be j ointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all costs and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the Facilities shall not subject the City of Pueblo to any liability for such failure. DPW 105 02/05/02 1773289 DEC C 06/20/2008 02:39:08 PM Pagge: 3 of 4 R 21.00 0 0.00 T 21.00 Gilhert Ortiz Clerk /Recorder, Pueblo County, Co 3. Bindine Effect mill ®IIII Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. (c) The enforcing party may seek and recover damages or injunctive relief or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing parry its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For the County of Pueblo, State of Colorado, and for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgment or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification Neither this Declaration of Covenants nor any of the provisions hereof may be cancelled, temrinated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 02/05/02 17 DEC_C 06/20/2008 02:39:08 PM Gllbert4Ortiz of 4 ClerklReoarder, Pu County. Co ®III I FI T, PAW Il4�Fi'� 7. Applicable Law This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above � �e� �6 Declarant COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) /% The foregoing instrument was acknowledged before me this ZkdW of Witness my hand and official seal My commission expires: 1 /Zok D ! 1 /, /? n /Y . ••• :;G /, l Notary PuW n AR1:•._ .o �G P OF CC DPW 105 02/05/02