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
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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 ".
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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
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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.
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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:
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(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
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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 )
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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
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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.
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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]
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1111MILTE Fl+r{M4UM6,MMIN N114MWitIII
REVIEWED BY:
tnoineejing Div. W stew er Dept.
REVIEWED BY:
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Boar Water Works
10
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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
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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
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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.
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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.
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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
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