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HomeMy WebLinkAbout08168Reception 1843447 06/07/2010 11:47:15 AM ORDINANCE NO. 8168 AN ORDINANCE APPROVING THE FOREST VALE PARK (A MOBILE HOME COMMUNITY) SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Forest Vale Park (A Mobile Home Community) Subdivision being a subdivision of land legally described as: A parcel of land located in a portion of the E 1 /2 of the NE 1 /4 of Section 21, Township 21 South, Range 65 West of the 6 P.M., more particularly described as follows: Considering the East line of the NE 1 /4 of Section 21, Township 21 South, Range 65 West of the 6 P.M. to bear N. 00 °54'45" E., and all bearing contained herein being relative thereto. Commencing at the SE corner of Lot 7 of La Vista Hills Stables Subdivision according to the recorded plat thereof as filed for record April 3, 1959, said point also being on the Westerly right -of -way line of Starlite Drive (Lariat Road) as presently located and as recorded in Book 1654 at Page 827 in the Pueblo County Records; thence S. 00 °54'45" W., (S. 0 °04' W. Deed), along said Westerly right -of -way line a distance of 1251.98 feet, (1252.01 feet Deed) to the Point of Beginning; thence N. 89 °06'15" W., ( N. 89 °57' W., Deed ), a distance of 327.00 feet; thence N. 00 °54'45" E., ( N. 00 °04' E., Deed ), a distance of 454.50 feet; thence N. 89 °05'15" W., ( N. 89 °56'W., Deed ), distance of 404.00 feet to a point on the Easterly right -of -way line of the Arkansas Valley uit as presently located; thence along said Easterly right -of -way line the following three (, courses: 1. S. 01 °13'45" W., (S. 0 °23' W. Deed), a distance of 109.05 feet; 2. Southerly along the arc of a curve to the left whose radius is 349.27 feet, a distance of 149.96 feet; 3. S. 23 °22'15" E., (S. 24 °13' E. Deed), a distance of 533.74 feet; thence S. 89 °06'15" E., (S. 89 °57' E. Deed), a distance of 481.20 feet to a point on the Westerly right -of -way line of said Starlite Drive (Lariat Road); thence N. 00 °54'45" E., along said Westerly right -of -way line a distance of 286.59 feet to the Point of Beginning. Containing 7.430 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 M 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 mis 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 a 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 amoR improvement or other work or improvements required thereby. Nothing in this 0�o°- Ordinance or in the City's subdivision Ordinances and regulations shall create or be i-:~ o g construed to create any claim, demand or liability against the City or its officers, � a employees or agents, or to waive any of the immunities, limitations on liability, or other momma provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq. Nm I lc Colorado Revised Statutes, or to waive any immunities or limitations on liability m otherwise available to the City or its officers, employees or agents. m°` m U ON SECTION 4. O h N This Ordinance shall be approved upon final passage but shall not become a re effective until (a) all information, documents, drawings, profiles, and plat required by v.a8 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) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12 -4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED March 8, 2010 BY Judy Weaver /Councilperson APPROVED: Lawrence Atencio/President City Council ATTESTED BY: Gina Dutcher/City Clerk PASSED AND APPROVED: March 22, 2010 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE FOREST VALE PARK (A MOBILE HOME COMMUNITY) SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide the property to facilitate development of a mobile home park? RECOMMENDATION The Planning and Zoning Commission, at their February 10, 2010 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The subject site was annexed into the City in 1973 and concurrently rezoned from County B -4 to R -7, Mobile Home Residential District. Forest Vale Park (A Mobile Home Community) Subdivision consists of one 7.43 -acre lot, which is intended to facilitate the development of a mobile home park. The lot conforms to the standards set forth in Chapter 8 of Title 8 of the Pueblo Municipal Code. Section 8 -8 -5, of the Pueblo Municipal Code, states that "every mobile home park shall have direct access to a public street having a right -of -way of at least 60 feet;" and that the Planning and Zoning Commission shall review the application and site plan for the mobile home park prior to issuing a Mobile Home Park Permit. The Forest Vale Subdivision provides a 286.59 - foot access to Starlite Road and a site plan for the mobile home park was approved by the Commission on December 9, 2009. As presented, the subdivision meets the standard lot requirements of Title 17 and Title 8 of the Pueblo Municipal Code. FINANCIAL IMPACT None. Reception 1843449 06/07/2010 11:47:15 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Avail 7 , 2O/O , between the CITY OF PUEBLO, a Municipal Corp ration ( "City "), and Forest Vale Park Trust 1 ( "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 Forest Vale Park (A Mobile Home Community) ( "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 X11 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: I. 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. 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 _ ra escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 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 2 May 2009 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title Xl1 of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete 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 3 May 2009 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 4 May 2009 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 X11 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 Xll 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 - 7(j)(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 5 May 2009 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. ( ,e k {ttiek -ve caused this Agreement to be executed and attested by its duly authorized h. . _ • . lc. . . NOTARY Forest Vale Park T ust 1 ,n�. PUBLIC sum ide ';'), Q q) (SEAL) By 4 at Agt My commission expires 5.21.2011 B y : The foregoing instrument was acknowledged before me on Ap2i/ 7 , .20 /0 , by Nickolas J. Katzer, Agent, Forest Vale Park Trust 1 , Subdivider. My„.. expires: 5 -42/ -..2.o // f� � / 4 �SLO, c° -.,, ,.� 0 4 4 �° { °,,p� No t ary P lic /a cI&z 1`100`!f" i tue4/D, co 8,0o y te 0 CITY OF PUEBLO, a Municipal Corporation By: > Lk) . rapi■ 1 ,, , , . , r '� j� '� o President of City Council r i , Cl i I A , Lit Ac4;v ity Clerk / STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowled ed before me this 02 d day of Pr , ( 9..0) 0 by L4i)rence W. A knc..io , as President of City Council, and Loy; 601 J 0 — lie IT as Clerk of the City of Pueblo, Colorado. Ach e- 3 Witness my hand and official seal. DPW 101 6 May 2009 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FOREST VALE PARK SUBDIVISION JN 0200301 DEVELOPER: FOREST VALE PARK TRUST I ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE I SUBTOTAL: $401,906 PHASE II SUBTOTAL: $233,008 PHASE III SUBTOTAL: $180,457 TOTAL PROJECT: $815,371 This is an estimate only. Actual construction costs may vary. PREPARED BY: M. Kahnke FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on 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 (iii) the unit prices shown hereon are the most current unit prices provided by the ity e •'� 0 + Ofl LIC61 -= • I/ 6s 7 ./c) • PE S AL] ' Professional Engineer Date ' y • '10 • 8 SION 4 0' REVIEWED BY: "5— Director of Public Works ate SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FOREST VALE PARK SUB. JN 0200301 DEVELOPER: FOREST VALE PARK TRUST I ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. 'STARLITE DRIVE' Pha e 1 I?AVEMENT: 4" Asphalt over 8" Base Course 3250 SY @ $23.00 /SY = $74,749 CONCISE: Curb and Gutter 1720 LF @ $12.00 /LF = $20,640 Handicap Ramps 1546 SF @ $4.00 /SF = $6,184 Tactile Band 6 EA © $350.00 /SF = $2,100 SANITARY SEWER: 8" PVC Sewer Main 560 LF @ $35.00 /LF = $19,600 Service Line 0 EA © $1,200.00 /EA = $0 48" Manholes 2 EA @ $2,500.00 /EA = $5,000 8" PVC Water Main 870 LF @ $47.50 /LF = $41,325 Fire Hydrant Assembly 2 EA © $3,250.00 /EA = $6,500 Service Line 0 EA @ $600.00 /EA = $0 MONUMENT BOX; 2 EA @ $655.00 /EA = $1,310 STREET LIGHTS: 5 EA © $1,450.00 /EA = $7,250 SUBTOTAL $184,658 Construction and Post Construction BMP's Phase 1 Storm Drain Inlet Protection 1 EA © $220.00 /EA = $220 Silt Fence 708 LF @ $3.50 /LF = $2,478 Vehicle Tracking 1 EA @ $800.00 /EA = $800 SUBTOTAL $3,498 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'A' Phase 1 PAVEMENT: 4" Asphalt over 9" Base Course 1308 SY @ $23.00 /SY = $30,084 CONCRETE: Curb and Gutter 310 LF @ $12.00 /LF = $3,720 Handicap Ramps 868 SF @ $4.00 /SF = $3,472 Tactile Band 4 EA @ $350.00 /SF = $1,400 Sidewalk 924 SF @ $3.00 /SF = $2,772 Square Pan Radius & Crosspan 859 SF @ $5.00 /SF = $4,295 SALEARY SEWER: 8" PVC Sewer Main 317 LF @ $35.00 /LF = $11,095 Service Line 7 EA © $1,200.00 /EA = $8,400 48" Manholes 3 EA © $2,500.00 /EA = $7,500 WATER: 8" PVC Water Main 467 LF @ $47.50 /LF = $22,183 Fire Hydrant Assembly 2 EA © $3,250.00 /EA = $6,500 Service Line 7 EA © $800.00 /EA = $5,600 STORM: 12' Type 'S' Inlet 1 EA © $4,500.00 /EA = $4,500 STREET NAME SIGNS & STOP SIGNS; 60' Right of Way - T Intersection 2 EA @ $325.00 /LF = $650 MONUMENT BOX: 2 EA @ $655.00 /EA = $1,310 STREET LIGHTS: 1 EA @ $1,450.00 /EA = $1,450 SIGNAGE: 2 EA © $150.00 /EA = $300 SUBTOTAL $115,231 Construction and Post Construction BMP's Phase 1, Storm Drain Inlet Protection 1 EA @ $220.00 /EA = $220 Silt Fence 339 LF @ $3.50 /LF = $1,187 Vehicle Tracking 1 EA @ $800.00 /EA = $800 SUBTOTAL $2,207 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'B' Phase 1 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 297 SY @ $23.00 /SY = $6,820 CONCRETE: Curb and Gutter 78 LF @ $12.00 /LF = $936 Handicap Ramps 0 SF © $4.00 /SF = $0 Tactile Band 0 EA @ $350.00 /SF = $0 Sidewalk 90 SF © $3.00 /SF = $270 Square Pan Radius & Crosspan 0 SF @ $5.00 /SF = $0 SANITARY SEWER: 8" PVC Sewer Main 167 LF @ $35.00 /LF = $5,845 Service Line 4 EA © $1,200.00 /EA = $4,800 48" Manholes 0 EA © $2,500.00 /EA = $0 WATER: 8" PVC Water Main 123 LF @ $47.50 /LF = $5,843 Service Line 4 EA © $800.00 /EA = $3,200 STREET NAME SIGNS & STOP SIGNS: 30' Right of Way - T Intersection 1 EA © $325.00 /LF = $325 MONUMENT BOX: 0 EA @ $655.00 /EA = $0 SUBTOTAL $28,038 Construction and Post Construction BMP's Phase 1 Silt Fence 92 LF @ $3.50 /LF = $322 SUBTOTAL $322 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'F' Phase 1 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 170 SY @ $23.00 /SY = $3,910 CONCRETE: Curb and Gutter 84 LF @ $12.00 /LF = $1,008 Handicap Ramps 0 SF @ $4.00 /SF = $0 Tactile Band 0 EA @ $350.00 /SF = $0 Sidewalk 273 SF @ $3.00 /SF = $819 Square Pan Radius & Crosspan 0 SF @ $5.00 /SF = $0 SAN ARY SEWER: 8" PVC Sewer Main 60 LF @ $35.00 /LF = $2,100 Service Line 2 EA © $1,200.00 /EA = $2,400 48" Manholes 1 EA © $2,500.00 /EA = $2,500 8" PVC Water Main 100 LF @ $47.50 /LF = $4,750 Fire Hydrant Assembly 0 EA @ $3,250.00 /EA = $0 Service Line 2 EA @ $800.00 /EA = $1,600 MONUMENT BOX: 1 EA @ $655.00 /EA = $655 STREET LIGHTS: 1 EA © $1,450.00 /EA = $1,450 SIGNAGE: 2 EA © $150.00 /EA = $300 SUBTOTAL $21,192 Construction and Post Construction BMP's Phase 1 Silt Fence 125 LF @ $3.50 /LF = $438 SUBTOTAL $438 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'G' Phase 1 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 178 SY @ $23.00 /SY = $4,091 CONCRETE: Curb and Gutter 88 LF @ $12.00 /LF = $1,056 Handicap Ramps 0 SF @ $4.00 /SF = $0 Tactile Band 0 EA © $350.00 /SF = $0 Sidewalk 273 SF @ $3.00 /SF = $819 Square Pan Radius & Crosspan 0 SF © $5.00 /SF = $0 SAWN GARY SEWER: 8" PVC Sewer Main 217 LF @ $35.00 /LF = $7,595 Service Line 0 EA © $1,200.00 /EA = $0 48" Manholes 1 EA © $2,500.00 /EA = $2,500 WATER: 8" PVC Water Main 0 LF @ $47.50 /LF = $0 Fire Hydrant Assembly 0 EA @ $3,250.00 /EA = $0 Service Line 0 EA © $800.00 /EA = $0 STORM: 6' Type 'S' Inlet 0 EA @ $3,180.00 /EA = $0 8' Type 'S' Inlet 0 EA © $3,620.00 /EA = $0 Manhole - 60" 1 EA © $2,465.00 /EA = $2,465 24" RCP Pipe 22 LF @ $44.00 /LF = $968 24" F.E.S. 1 EA © $360.00 /EA = $360 24" HDPE Pipe 0 LF @ $44.00 /LF = $0 MONUMENT BOX: 0 EA © $655.00 /EA = $0 STREET LIGHTS: 0 EA @ $1,450.00 /EA = $0 SIGNAGE: 0 EA @ $150.00 /EA = $0 SUBTOTAL $19,854 Construction and Post Construction BMP's Phase 1, Silt Fence 0 LF © $3.50 /LF = $0 Storm Drain Inlet Protection 1 EA @ $220.00 /EA = $220 SUBTOTAL $220 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" WATER QUALITY PONDS Phase 1 Pond Grading & Berming 1223 CY @ $2.20 /CY $2,691 24" RCP Transfer Pipe 70 LF © $44.00 /LF = $3,080 24" F.E.S. 2 EA © $360.00 /EA = $720 Wingwalls 10 CF @ $25.00 /CF $250 Outlet Structure 1 EA @ $3,300.00 /EA = $3,300 10' Maint Access Rd 2 EA @ $300.00 /EA = $600 Riprap w/ Fabric 11 CY © $55.00 /CY $605 Establishing Vegetation 0.39 AC @ $13,150.00 /EA = $5,129 24" RCP Outfall Pipe 119 LF © $44.00 /LF = $5,236 Manhole - 60" 1 EA @ $2,465.00 /EA = $2,465 Temporary Channel 102 CY © $2.20 /CY $224 SUBTOTAL $24,300 Construction and Post Construction BMP's Phase 1 Silt Fence 474 LF @ $3.50 /LF = $1,659 Straw Bale 9 EA @ $14.00 /EA = $126 Outlet Protection 3 CY © $55.00 /CY $165 SUBTOTAL $1,950 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FOREST VALE PARK SUB. JN 0200301 DEVELOPER: FOREST VALE PARK TRUST I ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Road 'B' Phase 2 (Partial) VE ENT: 4" Asphalt over 9" Base Course 143 SY © $23.00 /SY = $3,290 CCaCRETE: Curb and Gutter 30 LF @ $12.00 /LF = $360 Handicap Ramps 416 SF © $4.00 /SF = $1,664 Tactile Band 2 EA © $350.00 /SF = $700 Sidewalk 255 SF © $3.00 /SF = $765 Square Pan Radius & Crosspan 430 SF © $5.00 /SF = $2,150 SA Y_EWER: 8" PVC Sewer Main 0 LF @ $35.00 /LF = $0 Service Line 2 EA © $1,200.00 /EA = $2,400 48" Manholes 0 EA @ $2,500.00 /EA = $0 WATER: 8" PVC Water Main 25 LF @ $47.50 /LF = $1,188 Service Line 2 EA © $800.00 /EA = $1,600 STRUT NAME SIGNS 4 STOP SIGNS: 30' Right of Way - T Intersection 0 EA @ $325.00 /LF = $0 MONUMENT BOX: 1 EA © $655.00 /EA = $655 SUBTOTAL $14,771 Construction and Post Construction BMP's Phase 3 Silt Fence 92 LF @ $3.50 /LF = $322 SUBTOTAL $322 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'C' Phase 2 PAVEMENT: 4" Asphalt over 9" Base Course 562 SY © $23.00 /SY = $12,926 CONCRETE: Curb and Gutter 139 LF @ $12.00 /LF = $1,668 Handicap Ramps 832 SF @ $4.00 /SF = $3,328 Tactile Band 4 EA @ $350.00 /SF = $1,400 Sidewalk 434 SF © $3.00 /SF = $1,302 Square Pan Radius & Crosspan 859 SF © $5.00 /SF = $4,295 SANITARY SEWER: 8" PVC Sewer Main 213 LF @ $35.00 /LF = $7,455 Service Line 7 EA @ $1,200.00 /EA = $8,400 48" Manholes 2 EA © $2,500.00 /EA = $5,000 WATER: 8" PVC Water Main 156 LF @ $47.50 /LF = $7,410 Fire Hydrant Assembly 0 EA © $3,250.00 /EA = $0 Service Line 7 EA @ $800.00 /EA = $5,600 MONUMENT BOX: 3 EA © $655.00 /EA = $1,965 STREET LIGHTS: 1 EA © $1,450.00 /EA = $1,450 SIGNAGE: 2 EA © $150.00 /EA = $300 SUBTOTAL $62,499 Construction and Post Construction BMP's Phase 2 Silt Fence 194 LF @ $3.50 /LF = $679 SUBTOTAL $679 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'F' Phase 2 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 698 SY @ $23.00 /SY = $16,054 CONCRETE: Curb and Gutter 368 LF @ $12.00 /LF = $4,416 Handicap Ramps 418 SF © $4.00 /SF = $1,672 Tactile Band 2 EA @ $350.00 /SF = $700 Sidewalk 1145 SF @ $3.00 /SF = $3,435 Square Pan Radius & Crosspan 434 SF © $5.00 /SF = $2,170 SANITARY SEWER: 8" PVC Sewer Main 440 LF @ $35.00 /LF = $15,400 Service Line 13 EA @ $1,200.00 /EA = $15,600 48" Manholes 3 EA © $2,500.00 /EA = $7,500 WAT€R: 8" PVC Water Main 0 LF @ $47.50 /LF = $0 Fire Hydrant Assembly 1 EA © $3,250.00 /EA = $3,250 Service Line 13 EA @ $800.00 /EA = $10,400 MONUMENT BOX: 3 EA @ $655.00 /EA = $1,965 STREET LIGHTS: 2 EA © $1,450.00 /EA = $2,900 SIGNAGE: 4 EA © $150.00 /EA = $600 SUBTOTAL $86,062 Construction and Post Construction BMP's Phase 2, Silt Fence 696 LF @ $3.50 /LF = $2,436 SUBTOTAL $2,436 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'G' Phase 2 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 710 SY @ $23.00 /SY = $16,337 CONCRETE Curb and Gutter 273 LF @ $12.00 /LF = $3,276 Handicap Ramps 0 SF © $4.00 /SF = $0 Tactile Band 0 EA © $350.00 /SF = $0 Sidewalk 819 SF @ $3.00 /SF = $2,457 Square Pan Radius & Crosspan 0 SF © $5.00 /SF = $0 SANITARY SEWER: 8" PVC Sewer Main 286 LF © $35.00 /LF = $10,010 Service Line 0 EA @ $1,200.00 /EA = $0 48" Manholes 2 EA © $2,500.00 /EA = $5,000 WATER: 8" PVC Water Main 0 LF © $47.50 /LF = $0 Fire Hydrant Assembly 0 EA © $3,250.00 /EA = $0 Service Line 0 EA © $800.00 /EA = $0 STORM: 6' Type 'S' Inlet 0 EA © $3,180.00 /EA = $0 8' Type 'S' Inlet 1 EA © $3,620.00 /EA = $3,620 Manhole - 60" 1 EA © $2,465.00 /EA = $2,465 24" RCP Pipe 0 LF © $44.00 /LF = $0 24" F.E.S. 0 EA @ $360.00 /EA = $0 24" HDPE Pipe 411 LF © $44.00 /LF = $18,084 MONUMENT BO)(: 0 EA © $655.00 /EA = $0 STREET LIGHTS: 2 EA © $1,450.00 /EA = $2,900 SIGNAGE: 4 EA © $150.00 /EA = $600 SUBTOTAL $64,749 Construction and Post Construction BMP's Phase 2 Silt Fence 300 LF © $3.50 /LF = $1,050 Storm Drain Inlet Protection 2 EA © $220.00 /EA = $440 SUBTOTAL $1,490 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: FOREST VALE PARK (A MOBILE HOME COMMUNITY) JN 0200301 DEVELOPER: FOREST VALE PARK TRUST I ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. Road 'D' Phase 3 PAV 4" Asphalt over 9" Base Course 1242 SY © $23.00 /SY = $28,566 CON REZZ Curb and Gutter 305 LF @ $12.00 /LF = $3,660 Handicap Ramps 1156 SF @ $4.00 /SF = $4,624 Tactile Band 6 EA @ $350.00 /SF = $2,100 Sidewalk 880 SF @ $3.00 /SF = $2,640 Square Pan Radius & Crosspan 859 SF @ $5.00 /SF = $4,295 SAN SEWER: 8" PVC Sewer Main 369 LF @ $35.00 /LF = $12,915 Service Line 12 EA @ $1,200.00 /EA = $14,400 48" Manholes 3 EA © $2,500.00 /EA = $7,500 8" PVC Water Main 354 LF @ $47.50 /LF = $16,815 Fire Hydrant Assembly 1 EA © $3,250.00 /EA = $3,250 Service Line 13 EA © $800.00 /EA = $10,400 MQNUMENT BOX: 4 EA @ $655.00 /EA = $2,620 STREET LIGHTS: 1 EA @ $1,450.00 /EA = $1,450 SIGNAQE: 4 EA @ $150.00 /EA = $600 SUBTOTAL $115,835 Construction and Post Construction BMP's Phase 3 Silt Fence 462 LF @ $3.50 /LF = $1,617 SUBTOTAL $1,617 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'E' Phase 3 PAVEMENT: 4" Asphalt over 9" Base Course 316 SY @ $23.00 /SY = $7,268 CONCRETE: Curb and Gutter 84 LF @ $12.00 /LF = $1,008 Handicap Ramps 0 SF © $4.00 /SF = $0 Tactile Band 0 EA @ $350.00 /SF = $0 Sidewalk 272 SF © $3.00 /SF = $816 Square Pan Radius & Crosspan 0 SF @ $5.00 /SF = $0 SANIZARY ZWER: 8" PVC Sewer Main 78 LF @ $35.00 /LF = $2,730 Service Line 2 EA © $1,200.00 /EA = $2,400 48" Manholes 1 EA © $2,500.00 /EA = $2,500 WATER: 8" PVC Water Main 104 LF @ $47.50 /LF = $4,940 Fire Hydrant Assembly 0 EA @ $3,250.00 /EA = $0 Service Line 2 EA © $800.00 /EA = $1,600 MONUMENT BOX: 1 EA © $655.00 /EA = $655 STREET LIGHTS: 1 EA @ $1,450.00 /EA = $1,450 SIGNAGE: 2 EA @ $150.00 /EA = $300 SUBTOTAL $25,667 Construction and Post Construction BMP's Phase 3 Silt Fence 98 LF @ $330 /LF = $343 SUBTOTAL $343 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'F' Phase 3 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 167 SY @ $23.00 /SY = $3,832 CONCRETE: Curb and Gutter 26 LF @ $12.00 /LF = $312 Handicap Ramps 0 SF @ $4.00 /SF = $0 Tactile Band 0 EA @ $350.00 /SF = $0 Sidewalk 78 SF © $3.00 /SF = $234 Square Pan Radius & Crosspan 0 SF @ $5.00 /SF = $0 SANITARY SEWER: 8" PVC Sewer Main 0 LF @ $35.00 /LF = $0 Service Line 0 EA © $1,200.00 /EA = $0 48" Manholes 0 EA @ $2,500.00 /EA = $0 WATER: 8" PVC Water Main 52 LF @ $47.50 /LF = $2,470 Fire Hydrant Assembly 0 EA @ $3,250.00 /EA = $0 Service Line 0 EA @ $800.00 /EA = $0 MONUMENT BOX: 1 EA © $655.00 /EA = $655 STREET SIREELLIall& 0 EA @ $1,450.00 /EA = $0 SIGNAGE: 0 EA © $150.00 /EA = $0 SUBTOTAL $7,503 Construction and Post Construction BMP's Phase 3 Silt Fence 55 LF @ $3.50 /LF = $193 SUBTOTAL $193 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" Road 'G' Phase 3 (Partial) PAVEMENT: 4" Asphalt over 9" Base Course 480 SY @ $23.00 /SY = $11,036 CONCRETE: Curb and Gutter 117 LF @ $12.00 /LF = $1,404 Handicap Ramps 0 SF @ $4.00 /SF = $0 Tactile Band 0 EA @ $350.00 /SF = $0 Sidewalk 1505 SF @ $3.00 /SF = $4,515 Square Pan Radius & Crosspan 0 SF @ $5.00 /SF = $0 SANITARYWER: 8" PVC Sewer Main 108 LF @ $35.00 /LF = $3,780 Service Line 0 EA @ $1,200.00 /EA = $0 48" Manholes 0 EA @ $2,500.00 /EA = $0 yAIER: 8" PVC Water Main 0 LF @ $47.50 /LF = $0 Fire Hydrant Assembly 0 EA @ $3,250.00 /EA = $0 Service Line 0 EA @ $800.00 /EA = $0 STORM: 6' Type 'S' Inlet 1 EA @ $3,180.00 /EA = $3,180 8' Type 'S' Inlet 0 EA @ $3,620.00 /EA = $0 Manhole - 60" 0 EA @ $2,465.00 /EA = $0 24" RCP Pipe 0 LF @ $44.00 /LF = $0 24" F.E.S. 0 EA @ $360.00 /EA = $0 24" HDPE Pipe 63 LF @ $44.00 /LF = $2,772 MONUMENT BOX: 0 EA @ $655.00 /EA = $0 STREET LI HTS: 1 EA @ $1,450.00 /EA = $1,450 SIGNAGE: 2 EA @ $150.00 /EA = $300 SUBTOTAL $28,437 Construction and Post Construction BMP's Phase 3 Silt Fence 58 LF @ $3.50 /LF = $203 Storm Drain Inlet Protection 3 EA @ $220.00 /EA = $660 SUBTOTAL $863 Reception 1843450 06/07/2010 11:47:15 AM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Subdivision Improvements Agreement for Forest. Vale Park (A Mobile Home community)(herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of / 7 ,20/0 Forest Vale Park Trust 1 Subdivider DPW103 1/6/04 B •. _►► Nickola g i p By STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 7 day of , ..o /v, by Nickolas J. Katzer, Agent, , Subdivider. Forest Vale Park Trust 1 Witness my hand and official seal. My commission expires: 5 - 02/ - ..7.D// A if q V � [SEAL ] NOTARY Notary Public hap/ LldgC ppr11'" A I C.0 5 00 1r * �� h r Li B Li .R ' �'�'` CITY OF PUEBLO, '�' a Municipal Corporation ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase 1 shall consist of the following lots within the Subdivision: Spaces 1 through 9, Spaces 45 through 47, Spaces 50 and 51 (b) Phase 11 shall consist of the following lots within the Subdivision: Spaces 10 through 19, Spaces 39 through 44, Spaces 48 and 49 (c) Phase III shall consist of the following lots within the Subdivision: Spaces 20 through 34 Reception 1843451 06/07/2010 11:47:15 AM DECLARATION OF COVENANTS CONCERNING Drainage EASEMENTS FOR (type of easement) Forest Vale Park (A Mobile Home Community) (name of subdivision) THIS DECLARATION OF COVENANTS is made as of ,by Nickolas J. Katzer, Agent, Forest Vale Park Trust 1 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, 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 Drainage Facilities 2 , 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 the Forest Vale Park (A Mobile Home Community. 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 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 jointly 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 2 02/05/02 ®1111 3. Binding 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 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 party 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, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. DPW 105 3 02/05/02 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 written. \ 1 Declarant COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 7 day of /gpR // , .7010 by Nickolas J. Katzer, Agent,. Forest Vale Park Trust 1 Witness my hand and official seal. My commission expires: 5 -mil - 02 v J/ . \ s,,\S N A 4//i �--� elf AVE. (SEAL) Notary Pub is 1.2.01 G l �' tIo * NOTARY fuE,6 /0, Gv 8/0oef cr , PUBLIC My commission expires 5.21 - 2011 Reception 1843452 06/07/2010 11:47:15 AM EASEMENT AND RIGHT OF WAY 7f( THIS EASEMENT, granted this .S day of FE0R4.b44. , Zo io , by Scanio Family, LTD., Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Temporary Storm Drainage Improvements in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as a portion of the NW 1 /4 of Section 22, Township 21 South, Range 65 West of the 6 P.M. and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's 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 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 property. This Temporary Storm Drainage Easement will terminate upon platting the area through which the easement traverses. "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. C SIGNED this ..5411. day of F v ( , 2a / 0 • GRANTOR: SCANIO FAMILY, LTD., By: THE SCANIO FAMILY GP, LLC, General Partner By: 2 a2t�d YU Marion Rooke Scanio, Manager By: _ �' 0 •7 - 412-e-a C. D e F • eed, Manager • DPW 111 02/06/02 COUNTY OF Ell PM, Pil,1,10.I14,I0,1114 11111 ) ss. STATE OF j The foregoing instrument was acknowledged before me this 5 day of .T Q/0 , by Marion Rooke Scanio, Manager . Witness my hand and official seal. My commission expires: —Dot -6901(f (SEAL) a K. Q . LAVONNE K. SCHLABACH ' dit '� ' = ' / ° `J`' 1. t "•." Notary Public ► r otary Public 1 `� 4 I STATE OF TEXAS ► My Comm. Exp. 02 -02 -2014 ► COUNTY OF j�- ) ) ss. STATE OF c - /A ) The foregoing instrument was acknowledged before me this v 5 'L day of , a D/ 0 , by C. Don Reed Manager . Witness my hand and official seal. My commission expires: 0 2 —D (SEA � ' «. ' L AVONNE K. SCHLABACH ' , � / AAA. / • r ef• """�� < %t , otary Public (.1 S s Notary Public PA :' �: STATE OF TEXAS ► My Comm. Exp. 02 -02 -2014 ► 2 EXHIBIT A TEMPORARY STORM DRAINAGE EASEMENT LAND DESCRIPTION An easement for temporary storm drainage purposes located in a portion of the S '/2 of the NW 'A of Section 22, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado being 60 feet in width, 30 feet on each side of the following described centerline. Considering the West line of the NW 1/4 of Section 22, Township 21 South, Range 65 West of the 6 P.M. to bear N. 00 °54'45" E., and all bearings contained herein being relative thereto. Commencing at the NW corner of Section 22, Township 21 South, Range 65 West; thence S. 00 °02'42" E., a distance of 1795.05 feet to the Point of Beginning: thence Southeasterly along the arc of a curve to the left whose radius is 222.00 feet and whose center bears N. 55°05'17" E., a distance of 83.44 feet; thence S. 56 °26'50" E., a distance of 127.35 feet; thence S. 69 °48'01" E., a distance of 243.34 feet; thence S. 59 °44'38" E., a distance of 12.58 feet; thence Easterly along the arc of a curve to the left whose radius is 500.00 feet, a distance of 258.89 feet; thence S. 89 °24'36" E., a distance of 490.32 feet; thence Northeasterly along the arc of a curve to the left whose radius is 1000.00 feet, a distance of 24.56 feet; thence N. 59 °46'20" E., a distance of 487.63 feet to the Point of Terminus on the Westerly line of a Temporary Storm Drainage Easement as recorded at Reception No. 1618820 in the Pueblo County records. The external easement lines shall be lengthened or shortened to match the right -of -way line of Starlite Drive (Lariat Road) and the Existing Temporary Storm Drainage Easement. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. b- DavidM.Stravia O • G►STER 41 %; `, Colorado P.L.S. 12933 '` NorthStar Engineering and Surveying, Inc. - f(12933 /I November 16, 2009 e 4•Z1 -10 q JN 02 003 01 D S Utt � Q.. Tc' OF C O uintim o Page 1 of 2 Reception 1843453 06/07/2010 11:47:15 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this ) 7 day of /`dal , .20/0 , by Reklaw Partners II LP, a Colorado Limited Partnership Grantor, to PUgBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Public Utility and Ingress / Egress in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 3333 Starlite Drive, Pueblo CO 81005 and described as follows: _ (the "Property ") See attached Exhibit "A" jk TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities am therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause Nui 3M! to be located or erected on the Property any building or any other structure or manufactured or mobile home or �.. o trailer unit. v m -'ma Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property m m and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession .7 w.- ( . 4 6 , , of the Property and easement and right -of -way against all persons who may lawfully claim title to the property. m • aD w N "Grantee" shall include the plural and the feminine. This Easement and Right Of Way shall be binding m � m M upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Nom" N Grantee. w 4- „ 0 QS= SIGNED this / 7 day of /� awl) a ~ � IA L / a Mar —_ GRANTOR / �a - r B '� mot . 1 if " J+ ii alker, President COUNTY OF PJEb /p ) / ) ss. STATE OF CaPoeeU0 ) The foregoing instrument was acknowledged before me this / 7 ' day of /' , ,20 /O , by John Walker, President of Reklaw Partners II LP, a Colorado Limited Partnefship. Witness my hand and official seal. My commission expires: .5 • .1/ - .20a (SEAL) ' ------ t/L ----' Notary Public / . 2 . 0 dyjepyp„ !i Ave. ?OTAR: Pvfblo GO 8 /o i * * DPW 111 My co„rr„os en expires 5.21 -2111 02/06/02 EXHIBIT A PUBLIC UTILITY and INGRESS/EGRESS EASEMENT LAND DESCRIPTION An easement for Public Utilities and Ingress/Egress purposes through a portion the NE 1 /4 of Section 21, Township 21 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 East line of the NE 'A of Section 21, Township 21 South, Range 65 West of the 6 P.M. to bear N. 00 °54'45" E., and all bearings contained herein being relative thereto. Commencing at the Northeast corner of Section 21; thence S. 19 °43'46" W., a distance of 1106.82 feet to the Point of Beginning said point also being the Northeast corner of Tract 2 as recorded in Book 3006 at Page 844; thence S. 89°05'15" E., a distance of 10.00 feet; thence S. 00 °54'45" W., a distance of 325.55 feet; thence S. 09 °14'35" E., a distance of 84.91 feet; thence S. 68 °52'08" E., a distance of 102.22 feet; thence S. 89°06'15" E., a distance of 206.11 feet to the Westerly right -of -way line of Startlite Drive (Lariat Road) as presently located as recorded in Book 1654 at Page 827; thence S. 00 °53'45" W., along the Westerly right -of -way line of said Starlite Drive (Lariat Road), a distance of 10.00 feet to a point on Northerly line of said Tract 2; thence continuing along the Northerly and Easterly line of said Tract 2 the following two (2) courses: 1. N. 89 °06' 15" W., a distance of 327.00 feet; 2. N. 00 °54'45" E., a distance of 454.50 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. /� ✓►�/ i� a�uwn,uuuu v " 'l K � 0 ST R '� L , ���% David . Stravia < O C+►ST E !. Colorado P.L.S. 12933 . NorthStar Engineering and Surveying, Inc. 1 2933 E. October 7, 2009 � - )O o r JN 02 003 01 �' �'° SURVt O imilommo Page 1 of 2 Reception 1843454 06/07/2010 11:47:15 AM NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES . Notice is hereby given to the owner(s) of Lot(s) 1 , Block 1 Forest Vale Park (A Mobile Home Community) , Pueblo Colorado, and their heirs, personal subdivision representatives, successors, and assigns, that sanitary sewer service to basements of these lot(s) may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of way. This notice is dated 4 , 20 08 SUBDIVIDER \ in Name Nickolas J. Katzer Title: Agent Address: P.O. Box 7271, Pueblo West, CO 81007 STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this V7 day of 4 2:64.-44, , 20 OS' by Nickolas J. Katzer, Agent , Subdivider. Witness my hand and official seal. My commission expires: 6/S , 0A. [SEAL] +, ,. x Q „, ° � � Notary Public < : v V • //�� V 4 0.4• 8/1 1 7;..,* ° °�• EG -�. DPW 117 Reception 1843455 06/07/2010 11:47:15 AM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38 -30 -172, the undersigned hereby executes this Statement of Authority on behalf of Reklaw Partners II LP a, Colorado Limited Partnership , an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Reklaw Partners II LP, a Colorado Limited Partnership (state type of entity and state, country, or other governmental authority under whose laws such entity is formed) The mailing address for the Entity is The name or position of the person authorized to execute instruments conveying, encumbering, or other affecting title to real property on behalf of the Entity is: John Walker, President . The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations, insert "None ") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters, leave this section blank) EXECUTED this / 7 day of fria,/ , cat) Sign Name (typed or printed): ohn Walker Title (if any): President STATE OF co/0/42010 ) ) ss. COUNTY OF Pcu 4/o ) The foregoing instrument was acknowledged before me this 1 77 day of "tat,/ .2 by John Walker, President , on behalf of Reklaw Pa ftners II L); ,a Colorado Limited Partnership Witness my hand and official seal. My commission expires: s•_ -..O / [SEAL] Nota Public ►Z.01 CId/leefo^W f9t/f. z NOTARY * eeiek o, Go pool/ DPW116 02/07/02 f ,� PUBLIC 4 My commission expires 5.21 - -201 , Reception 1843456 06/07/2010 11:47:15 AM AFFIDAVIT FOR PROPERTY HELD IN JOINT VENTURE OR TRUST STATE OF Nevada ) ss COUNTY OF Clark ) The undersigned, being of lawful age, being first duly sworn, upon oath deposes and says: 1. This Affidavit relates to a (trust) t vt+t ). 2. The name of the ( trust)(jeit- ent+we) is Forest Vale Park Trust I 3. The names and addresses of all of the (trustees of the trust)(ei t- efttHfers-of -the nt fie) are: Helen Thomas 588 Willow Green Drive Las Vegas, NV 89109 4. [If applicable] Fewer than all of the (trustees) (joint venturers) are authorized to act on behalf of the ( trust)(joint venture) in any acquisition, conveyance, encumbrance, lease, or other dealing with an interest in the property in the name of the of (trust)(joint venture). The following (trustees) (joint venturers) are so authorized: [OR designate the manner of designating the (trustees) (joint venturers) so authorized]. which authority of such (trustees)(joint ventures) is limited as follows: This Affidavit is executed by (one of the trustees of the trust)(all of the trustees of the trust)(o o- - cif- tfe-je v t s-e- the- joint - venture l-ef t. -jeki -v-eekir s-ef4l3e jeirnt aetefe), pursuant to Section 38 -30 -166, C.R.S. Name (typed or printed): Helen Thomas Title (if any): Trustee DPW 115 02(07(02 t � i✓ : �,, `__ __ -: The foregoing instrument was subscribed and sworn to before me this 4 / 7 ‘.s day of S c�'7C .+,he , by Helen Thomas as Trustee Witness m sand official seal. La My agy —S -' , s o @ [SEAL 4 7 � e O 1 O\ '04" o �0 "f Notary Public * * NOTE: I : : =� =.,./included, this Affidavit must be executed by all of the trustees of the trust or all of the joint veil u errs of the joint venture. If paragraph 4 is not applicable, this Affidavit must be executed by at least one trustee or one joint venturer named in the Affidavit. Reception 1843457 06/07/2010 11:47:15 AM POWER OF ATTORNEY - SUBDIVISION RECITALS A. Forest Vale Park Trust I (herein "Owner ") is the record owner in fee simple of the real property located in the City of Pueblo, State of Colorado described in the attached Exhibit "A" (herein "Property "). B. Owner desires to subdivide the Property and for such purpose appoints as his attorney -in -fact Nickolas J. Katzer (herein "Agent "). APPOINTMENT Owner does hereby designate and appoint the above named Agent as Owner's true and lawful attorney - in -fact with full power and authority to act for Owner in any lawful way and to perform and exercise all powers, duties or rights Owner could perform or exercise with respect to the subdivision of the Property, including, without limitation, complete, execute and file with the City of Pueblo, Colorado, and record in the office of the Pueblo County Clerk and Recorder, all documents, instruments, plats and agreements required by the City of Pueblo to subdivide the Property in accordance with the applicable ordinances and standards of the City of Pueblo; dedicate portions of the Property to public or private use; pay filing, exactions and impact fees; construct and install on -site and off -site public improvements; amend or modify any Master Development Plan within which the Property is located; and bind and encumber the Property for such purposes. Owner does hereby affirm and ratify all acts taken or to be taken by Agent. This Power of Attorney is coupled with an interest and may not be revoked by Owner after the filing of an application with the City of Pueblo to subdivide the Property and will continue to be effective even though Owner becomes disabled, incapacitated, or incompetent. The singular includes the plural and the masculine includes the feminine and neuter, wherever the context so requires. This Power of Attorney shall be construed and interpreted in accordance with the laws of the State of Colorado. Executed this 1 day of , 200c . Name: Helen Thomas Title: Trustee STATE OF Nevada ) ) ss. COUNTY OF Clark ) The foregoing instrument was acknowledged before me on J�7ior Ovr 7/K200ie by Helen Thomas as Trustee Witness my hand and official seal. My commission expires: / `C �0; s`4.. ry Public DPW124 4# 4 CCA 11/02/02 C) .• ' � ••.m..e 40',/ i LO,;' ELI