HomeMy WebLinkAbout09362RESOLUTION NO. 9362
A RESOLUTION APPROVING A DEFERRED PUBLIC IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND MICHAEL
AND KARILYN CATALINO RELATING TO THE CATALINO SUBDIVISION AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO that:
SECTION 1.
The Deferred Public Improvement Agreement dated August 3, 2001
between Michael and Karilyn Catalino and the City of Pueblo, a municipal
corporation, for the deferment of certain public improvements required for the
Catalino Subdivision and under section 16 -2 -3 (2) of the Pueblo Municipal Code
as a condition to receiving extraterritorial water services from the Board of Water
Works of Pueblo County, Colorado, a copy of which is attached and incorporated
herein, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The President of the City Council is hereby authorized to execute the
Agreement in the name of and on behalf of Pueblo, a municipal corporation, and
the City Clerk shall affix the seal of the City thereto and attest same, and record
the Agreement in the office of the Pueblo County Clerk and Recorder.
INTRODUCED August 13, 2001
Coun
APPROVED:
ATTEST: President of City Council
Cio Clerk
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 14
DATE: AUGUST 13, 2001
DEPARTMENT: PLANNING AND DEVELOPMENT
JIM MUNCH, DIRECTOR
TITLE
A RESOLUTION APPROVING A DEFERRED PUBLIC IMPROVEMENT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND MICHAEL AND KARILYN CATALINO RELATING TO
THE CATALINO SUBDIVISION AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
ISSUE
Should the City enter into a deferred Public Improvement Agreement relating to the
Catalino Subdivision?
RECOMMENDATION
Approval of the resolution.
BACKGROUND
Michael and Karilyn Catalino are proposing to subdivide a parcel of property in the
County. The applicants are proposing to subdivide a 2.45 acre parcel into two (2) lots
being 0.50 acres and 1.79 acres in size. (l.) The property, more commonly known as
4444 Goodnight Avenue, is located at the southeast corner of the intersection of
Goodnight Avenue and Midnight Avenue in the Goodnight area and is within an A -4,
Agricultural (minimum 1/2 acre) Zone District. Please see attached map.
The property within the Catalino subdivision is contractually bound by an Extraterritorial
Water Service Agreement. As a part of this Agreement, the applicant has agreed to
Section 16 -2 -1 (2). (2.) All improvements commenced after May 14, 1973, to land and
buildings receiving water service under this Chapter and located in Permit Area A shall
be constructed in accordance with all City codes and ordinances governing buildings and
improvements in the City, including but not limited to the building code, plumbing code,
fire prevention code, electrical code, housing code, subdivision ordinance, and all other
codes establishing minimum standards of land use, design, and construction. In any
matter where County legislative action is required, such as the acceptance of a dedication
for public use in a subdivision, the owner or developer shall first have submitted such
matter to and gained the approval of the City Council before submission of the matter to
the County for approval. The provisions hereof shall be deemed to be and shall constitute
additional requirements placed upon said land and buildings and its owners, with their
agreement and concurrence, in return of municipal water service. (1957 Code, S11A:
Ord. No. 3707, 5- 14 -73; Ord. No. 5301, 4- 14 -86).
The signing of this agreement by the applicants and the passage of this resolution by City
Council will meet the applicants' contractual obligation.
FINANCIAL IMPACT
The deferred Public Improvement Agreement will insure that all public improvements are
installed as per the subdivision requirements at such time as the City desires to annex the
property.
Resolution #9362
I I"III "I'I II"II I�I�II'II'II" IIII"I III "I'I II'I II'I
1397923 08/17/2001 11:36A AGREE Chris C. Munoz
1 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Ree
DEFERRED PUBLIC; IMFEL vEMENT AGREEMENT
(Permit Area A - Property)
THIS AGREEMENT made and entered into as of August 2nd , 2001 by and
between Pueblo, a Municipal Corporation ( "City ") and Mich J. C a t a l i n o II &
Karilyn Catalino
( "Owner "), WITNESSETH:
RECITALS
A. Owner owns in fee simple the property described in attached Exhibit A ( "Property ").
The Property is located in the unincorporated area of Pueblo County, Colorado and lies within Permit
Area A described in Chapter 1 of Title XVI of the Pueblo Municipal Code and shown on the
Extraterritorial Water Service Permit Areas map.
B. Owner, or its predecessor in interest, in order to obtain extraterritorial water service
from the Board of Water Works of Pueblo County, Colorado for the Property executed and recorded
in the office of the Pueblo County Clerk and Recorder an Application And Agreement -
Extraterritorial Water Service - Permit Area A.
C. Pursuant to section 16- 2 -3(2) of the Pueblo Municipal Code and as a condition to
receiving extraterritorial water services, the Property and improvements thereon must be developed
and constructed in accordance with all City codes and ordinances including, without limitation,
City's subdivision ordinances.
D. City's subdivision ordinances require the construction and installation of certain
public improvements described in attached Exhibit B ( "Public Improvements ") which Owner
acknowledges and agrees must be constructed and installed but has requested such construction and
installation be deferred.
AGREEMENT
In consideration of the foregoing Recitals and mutual covenants contained herein, City and
Owner agree as follows:
in full.
The foregoing Recitals are true and correct and incorporated herein as if set out herein
2. Owner, as a condition to receive and to continue to receive extraterritorial water
services for the Property, will construct and install, at its sole cost and expense, the Public
Improvements as follows: (please complete and mark appropriate box):
❑ within days from the date of this Agreement
1111111111111111111111111111111111111111111111111111111
1397923 08/17/2001 11:56A AGREE Chris C. Munoz
2 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Rec
gg within 180 days after written notice is given to Owner by the City's
Director of Public Works requesting that the Public Improvements described in
the notice be constructed and installed. A written notice requesting some but not
all of the Public Improvements be installed shall not release or discharge Owner
from constructing and installing the remaining Public Improvements upon
subsequent receipt of notice requesting their construction and installation.
❑ within days after the Property is annexed to the City. This
requirement to construct and install the Public Improvements shall be
incorporated in and be made part of the annexation agreement required for any
such annexation.
3. Upon the Owner's failure, refusal or neglect for any reason to construct and install
the Public Improvements within the time specified in paragraph 2 above, City shall have the
following remedies which shall be cumulative and the exercise of one or more shall not preclude the
exercise of the others:
(a) institute appropriate proceedings to disconnect the Property from the Board
of Water Works of Pueblo, Colorado water system or otherwise terminate the extraterritorial water
services to the Property; or
(b) institute appropriate proceedings to enforce the installation and construction
of the Public Improvements, or cause the Public Improvements to be constructed and installed at the
cost and expense of the Owner, and impose a lien upon the Property for the cost and expense thereof
plus an amount equal to fifteen percent (15 %) of such cost and expense as an administrative fee and
charge, by recording in the office of the Pueblo County Clerk and Recorder a statement of lien under
oath of the Director of Public Works showing the costs and expenses thereof and describing the
Property. Upon recording the statement of lien, the costs, expenses, and administrative fee, plus
interest thereon at the rate of 10% per annum, shall be a perpetual lien on the Property and remain
in full force and effect until paid in full.
4. The Agreement is and shall be construed to be a covenant runnin with the Property
and shall be recorded in the office of the Pueblo County Clerk and Recorder.
5. This Agreement shall inure to the benefit of and be binding upon the Property, and
the City and Owner, and their respective heirs, personal representatives, successors and assigns.
6. Any notice required to be given under this Agreement shall be given by personal
service or by certified mail, postage prepaid, addressed:
(a) if to City, Director of Public Works, City of Pueblo, 211 East "E" Street,
Pueblo, Colorado, 81003; or
-2-
111111111111111111111111111111111111111111111111111 IN
1397923 08/17/2001 11:56A AGREE Chris C. Munoz
3 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Ree
(b) ifto Owner, 4444 Goodnight Aven ue, Pueblo, CO 81005
or to such other address as either party shall designate by written notice given to the other parry as
above provided. Notice shall be deemed to be given by certified mail upon date of deposit in the
U.S. mails.
IN WITNESS WHEREOF, the parties have signed this Agreement in Pueblo, Colorado on
the day and year first above written.
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
:
�
Name:
Title: () ij (l e j — c
The foregoing instrument was acknowledged before me this 14 t hday of August
2001 by Al Gurgle as DyT1§dt&xo b5XUM of Pueblo, a Municipal Corporation..
President of City Council
Witness my hand and official seal.
"
.—My. commission expires: Ot y
Ll
P
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:)-C 1` 3
Xbdj0( City Clerk
I IIIIII IIIII IIIIII IIIIII III IIIII IIIIIII III IIIII IIII IN
STATE OF COLORADO ) 1397923 08/17/2001 11:56A AGREE Chris C. Munoz
ss. 4 of 6 R 30.00 D 0.00 Pueblo C!y Clerk 8 Rec
COUNTY OF PUEBLO )
111 . �!/',lr��/ � � . . . •
Witness my hand and official seal.
My commission expires: q
[SEAL] Toni S. Reeves
Notary Public Notary Public
State of Colorado
Me
111111 IIIII 111111 111111 III 11111 1111111111 1111111111111
1397923 08/17/2001 11:56A AGREE Chris C. Munoz
3 of 6 R 30.00 D 0.00 Pueblo Cty Clerk & Rec
EXHIBIT "A"
LEGAL DESCRIPTION
All that portion of the SWl /4 of Section 33, Township 20 South, Range 65 West of the
6th P.M., bounded and described as follows, to -wit:
COMMENCING at a stone, being the southwest corner of Section 33, in Township 20
South of Range 65 West; thence Northerly on the section line between Sections 32 and
33 a distance of 184.81 feet to a point; thence Easterly at an angle of 90 degrees 0
minutes to the right a distance of 290 feet to a point; thence Northeasterly at an angle of
26 degrees 32 minutes to the left a distance of 440.9 feet to a point; thence Northerly at
an angle of 63 degrees 28 minutes to the left a distance of 814.05 feet to the POINT OF
BEGINNING; thence continuing Northerly a distance of 656.2 feet to a point; thence
Easterly at an angle of 90 degrees 0 minutes to the right a distance of 156.125 feet to a
point; thence Southerly at an angle of 90 degrees 0 minutes to the right a distance of
656.2 feet to a point; thence Westerly at an angle of 90 degrees 0 minutes to the right a
distance of 156.125 feet to the POINT OF BEGINNING;
V
All that portion of the SW1 /4 of Section 33, Township 20 South, Range 65 West of the
6th P.M., bounded and described as follows, to -wit:
COMMENCING at a stone, being the southwest corner of Section 33, in Township 20
South of Range 65 West; thence Northerly on the section line between Sections 32 and
33 a distance of 184.81 feet to a point; thence Easterly at an angle of 90 degrees 0
minutes to the right a distance of 290 feet to a point; thence Northeasterly at an angle of
26 degrees 32 minutes to the left a distance of 440.9 feet to a point; thence Northerly at
an angle of 63 degrees 28 minutes to the left a distance of 814.05 feet to the POINT OF
BEGINNING; thence Easterly at an angle of 90 degrees 0 minutes to the right a distance
of 156.125 feet to a point; thence Southerly at an angle of 90 degrees 0 minutes to the
right a distance of 30 feet to a point; thence Westerly at an angle of 90 degrees 0 minutes
to the right a distance of 156.125 feet to a point; thence Northerly at an angle 90 degrees
0 minutes a distance of 30 feet to the POINT OF BEGINNING;
EXCEPTING therefrom any portion thereof which may he within the right of way of
Goodnight Avenue as presently located.
County of Pueblo, State of Colorado.
111111111111111111111111111111111111111111111111111 IN
1397923 08/17/2001 11:56A AGREE Chris C. Munoz
6 of 6 R 30.00 D 0.00 Pueblo Cty Clerk 8 Rao
EXHIBIT "B"
PUBLIC IMPROVEMENTS
MIDNIGHT AVENUE
1) Pavement
a) 686 L.F. X 36 FT WIDE 2,744 S.Y.
2) Concrete
a) 1,372 L.F. curb & gutter
b) 842 L.F. X 4 FT WIDE 3,368 S.F. 4" concrete
3) Sanitary Sewer
a) 686 L.F. 8" Main
b) 1 - 48" dia. Manhole
c) 2 - Service Lines - 60' ROW
4) 1 -Street Light
$17.50 / S.Y. $48,020.00
$10.00 / L.F. $13,720.00
$ 2.50 / S.F. $ 8,420.00
$32.00 / L.F. $21,952.00
$2,202.00 / EA. $ 2,202.00
$787.00 / EA. $ 1,574.00
$1,300.00 / EA. $ 1,300.00
TOTAL $97,188.00
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