HomeMy WebLinkAbout08230Reception 1893082
12/08/2011
ORDINANCE NO 8230
AN ORDINANCE APPROVING THE BLACK HILLS
SUBDIVISION, FILING NO 1, A SPECIAL AREA PLAN
SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Black Hills Subdivision, Filing No 1, A Special Area Plan
Subdivision being a subdivision of land legally described as
A parcel of land, located in the N 1/2 of the NW 1/4 of the SE 1/4, and all of the E 1/2 of
the SE 1/4 of Section 10, the SW 1/4 of Section 11, Section 15, the E 1/2 of Section 22,
and the NE 1/4 of Section 27, all being located in Township 20 South, Range 64 West
of the 6th P M , County of Pueblo, State of Colorado, with all the bearings contained
herein based upon a bearing of N88 °01'15 "E, as measured between the W 1/4 Corner
of said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar,
PLS 16128, 1989, found in place, and the E 1/4 Corner of said Section 10, being
marked on the ground by an axle, found in place, said parcel being more particularly
described as follows
Beginning at said E 1/4 of Section 10, thence along the East -West centerline of said
Section 11, N89 °08'58 "E, a distance of 2746 60 feet, to the C 1/4 Corner of said Section
11, thence along the North -South centerline of said Section 11, S00 °30'09 "E, a distance
of 2656 10 feet to the S 1/4 of said Section 11, thence along the South line of the SW
1/4 of said Section 11, S88 °53'11 "W, a distance of 2706 81 feet, to the SE Corner of
said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, JR
ENG LTD, PLS 31161, 2000, 20' Witness Corner (West), found in place, thence along
the East line of said Section 15, S01 °21'42 "E, a distance of 2638 63 feet, to the E 1/4
Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on 2"
aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found in place, thence
continuing along said East line, S01 °20'56 "E, a distance of 2640 14 feet, to the
Northeast Corner of said Section 22, being marked on the ground by a 3 1/4" aluminum
cap on 2 1/2" aluminum pipe, MANGINI & ASSOCIATES INC, PLS 16128, 1993, found
in place, thence along the East line of said Section 22, S01 °28'38 "E, a distance of
2595 14 feet, to the E 1/4 Corner of said Section 22, being marked on the ground by a 3
1/4" aluminum cap on 2" aluminum pipe, ADAMS & MANGINI, PLS 10093, 1984, found
in place, thence continuing along said East line, S01 °28'02 "E, a distance of 2595 80
feet, to the Northeast Corner of said Section 27, being marked on the ground by a 2"
aluminum cap on #6 rebar, in 1 5'x1 5' concrete pad, MERRICK & CO, PLS 13155,
2005, found in place, thence along the East line of said Section 27, S01 °27'22 "E, a
distance of 1917 02 feet, to a point on the North line of Jimenez Parkway, from where
the E 1/4 Corner of said Section 27, being marked on the ground by a 1" axle, in
1 2'x1 2' concrete pad, with 2" aluminum cap attached, MERRICK & CO, PLS 13155,
2005, found in place, bears S01 °27'22 "E, a distance of 722 42 feet; thence along said
North line, N76 °45'09 "E, a distance of 155 08 feet; thence 150 feet offset West and
parallel to said East line of Section 27, N01 °27'22 "W, a distance of 1877 64 feet; thence
150 feet offset West and parallel to said East line of Section 22, N01 °28'02 "W, a
distance of 2595 77 feet; thence continuing 150 feet offset West and parallel to said
East line of Section 22, N01 °28'38 "W, a distance of 2595 30 feet; thence 150 feet offset
West and parallel to said East line of Section 15, N01 °20'56 "W, a distance of 2488 79
feet, to a point lying 150 feet South and perpendicular to the East -west centerline of
said Section 15, thence 150 feet offset South and parallel to said East -west centerline of
Section 15, S88 °04'28 "W, a distance of 3785 80 feet; thence 572 57 feet along a curve
to the left having a radius of 1160 00 feet, a tangent of 292 24 feet, a delta of 28 °16'52 ",
and a chord of 566 78 feet that bears S73 °56'03 "W, thence S59 °47'37 "W, a distance of
100 00 feet; thence 648 68 feet along a curve to the right having a radius of 1310 00
feet, a tangent of 331 13 feet, a delta of 28 °22'17 ", and a chord of 642 07 feet that
bears S73 °58'45 "W, to a point on the West line of said Section 15, from where the W
1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on
#6 rebar, JR ENG LTD, RLS 31161, 2000, found in place, bears N01 °23'28 "W, a
distance of 492 23 feet; thence along said West line, N01 °23'28 "W, a distance of 150 01
feet; thence 573 24 feet along a non - tangent curve to the left having a radius of 1160 00
feet, a tangent of 292 60 feet, a delta of 28 °18'51 ", and a chord of 567 43 feet that bears
N73 °57'02 "E, thence N59 °47'37 "E, a distance of 100 00 feet, thence 646 61 feet along
a curve to the right having a radius of 1310 00 feet, a tangent of 330 03 feet, a delta of
28 °16'52 ", and a chord of 640 07 feet that bears N73 °56'03 "E, to a point on said East -
west centerline of Section 15, thence along said East -west centerline, N88 °04'28 "E, a
distance of 3607 13 feet, to the Southwest corner of said East 20 acres of the NW 1/4 of
Section 15, thence along the West line of said East 20 acres, N01 °21'42 "W, a distance
of 2638 65 feet, to the South line of said Section 10, thence along the South line of the
SE 1/4 of said Section 10, S88 °04'42 "W, a distance of 969 08 feet, to the E 1/16 Corner
of said Section 10 and Section 15, said Township and Range, being marked on the
ground by and original axel, found in place, thence along the West line of the E 1/2 of
the SE 1/4 of said Section 10, N01 °25'38 "W, a distance of 2333 84 feet, to the C -N -N-
SE 1/256 Corner of said Section 10, thence along the South line of the N 1/2 of the N
1/2 of the NW 1/4 of the SE 1/4 of said Section 10, S88 °01'41 "W, a distance of 1302 05
feet, to the N -N -S 1/256 Corner of said Section 10, thence along the North -South
centerline of said Section 10, N01 °29'44 "W, a distance of 333 24 feet, to said C 1/4
Corner of Section 10, thence along the East -West centerline of said Section 10,
N88 °01'15 "E, a distance of 2604 89 feet, to the point of beginning
Said parcel contains 327 367 acres, more or less
SECTION 2.
The Subdivision is approved with the following conditions
1 Amend the property ownership within the plat dedication The dedication should
reference Black HiIIs /Colorado Electric Company, LP and Black Hills Colorado IPP,
LLC as the two owners of the subdivision property
2 All easements existing within the proposed North 27 Lane and Rawlings Boulevard
must be vacated prior to recording the subdivision plat.
3 Additional ROW for the west side of North 27 Lane must be acquired at Pete
Jimenez Parkway to accommodate future roadway improvements
SECTION 3.
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 4.
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
Ordinance or in the City's subdivision Ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents
SECTION 5.
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, (b) the
conditions of Section 2 have been met and complied with, and (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 (I)
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
,J C. 4 INTRODUCED May 24, 2010
e
r7 `•
t BY Vera Ortegon
COUNCIL PERSON
APPROVED . , , , *O __.
, . PRESIDENT OF CITY COUNCIL
ATTESTED 'BY
CITY CLERK
PASSED AND APPROVED July 12, 2010
Background Paper for Proposed
ORDINANCE
DATE: MAY 24, 2010 AGENDA ITEM # R-2
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE BLACK HILLS SUBDIVISION, FILING NO. 1, A
SPECIAL AREA PLAN SUBDIVISION PLAT
ISSUE
Shall City Council approve the request to subdivide the property to facilitate the
construction of a 380-megawatt natural gas power plant, including four gas fired
turbines, a switchyard and supporting facilities?
RECOMMENDATION
The Planning and Zoning Commission, at their May 12, 2010 Regular Meeting, voted 6-
0 to recommend approval, with the following conditions:
1. Amend the property ownership within the plat dedication. The dedication should
reference Black Hills/Colorado Electric Company, LP and Black Hills Colorado IPP,
LLC as the two owners of the subdivision property.
th
2. All easements existing within the proposed North 27 Lane and Rawlings Boulevard
must be vacated prior to recording the subdivision plat.
th
3. Additional ROW for the west side of North 27 Lane must be acquired at Pete
Jimenez Parkway to accommodate future roadway improvements.
BACKGROUND
The Applicant is proposing to subdivide 331.10-acres of land, including all of the Black
Hills Annexation Site, Phases 1, 2 and 3 and the North East Corridor Annexation Site,
Phases 1 and 2. The subdivision includes three lots, one parcel and will dedicate the
North East Corridor Annexation as right-of-way, providing access to the power plant
site. The purpose of the subdivision is to facilitate the construction of a 380 megawatt
natural gas power plant, which includes four gas fired turbines, a switchyard and
supporting facilities.
As proposed the power plant and support facilities will be located on the eastern
portions of Lots 1 and 2; however, development will not physically cross lot lines. The
reason for constructing the plant on different lots is due to a ruling made by the Public
Utilities Commission (PUC) in January 2009 regarding the construction of the new
power plant. The PUC granted Black Hills/Colorado Electric Utility Company, LP the
authority to construct half of the 380-megawatt natural gas power plant and required
Black Hills, LP to compete in a bid process for the second half of the 380-megawatt
power plant. Black Hills Colorado IPP, LLC was created as a subsidiary of the larger
Black Hills Corporation and was awarded the bid. Because of this the power plant must
be split by lots and ownership, hence the location of the plant and the numerous lots.
Lot 3 is reserved for future expansion of the plant.
FINANCIAL IMPACT
None.
Reception 1893084
12/08/2011
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on August 9, 2011, between the CITY OF PUEBLO, a Municipal
Corporation ( "City "), and Black Hills /Colorado Electric Utility Company,
LP, a Delaware limited partnership, and Black Hills Colorado IPP, LLC, a South Dakota
limited liability company (collectively referred to as the "Subdivider ")
RECITALS
WHEREAS, Subdivider has subdivided 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 Black Hills
Subdivision, Filing No 1, 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 as
modified and limited by the annexation agreement between the City and Subdivider in Case No
A -10 -03 ( "Annexation Agreement "), recorded June 24, 2010 at reception number 1845154 pages
I- 29 ( "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 secunty or collateral sufficient in the judgment 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.
1 Subdivider agrees 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 as
described in the Annexation Agreement. Unless Black Hills requests an extension of
time which is approved by the City, all Required Public Improvements are to be
constructed by January 1, 2012
2 If the Required Public Improvements are not installed by the Subdivider or any
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subsequent owner of the land or any portion thereof by the period prescribed in
Paragraph 1, the City may require deposit of 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 if all Required Public Improvements are not completed by Subdivider or
subsequent owner on or before 180 days following expiration of the period
prescribed in Paragraph 1 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 subdivision at the end of the period prescribed in Paragraph 1 The amount of the
deposit required by this alternative shall not be less than 25% of such estimate.
4 In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements within the required time and the City requires the
Subdivider to make the deposit, 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 maybe 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
5 As a condition of approval of this Subdivision, and to meet the requirements of the
Annexation Agreement and 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 contained within the Annexation Agreement 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 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
6 Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads and other public improvements for maintenance by the City Until such roads
and other public improvements have been installed and meet the requirements,
standards, and specifications of the City, its Subdivision ordinances and the
2
Annexation Agreement, and such are specifically approved and accepted in writing
by the City Director of Public Works, the maintenance, construction, and all other
matters pertaining to or affecting said roads 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.
7 The required date to complete all Required Public Improvements by Subdivider
within such block shall be January 1, 2012 Upon completion and wntten 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 the Subdivision to be released. 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 as approved by City Council in the Annexation Agreement.
8 For purposes of this Agreement, the terms and descriptions in the Annexation
Agreement shall be used to describe Required Public Improvements. When not in
conflict with the terms and descriptions of the Annexation Agreement "block" shall
mean commonly used 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.
9 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 hen on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of hen 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.
10 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
3
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 restnctions.
11 The City or the purchaser of any lot(s) within this Subdivision shall have the
authonty to bring an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment hereto Such authonty 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
12. 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 in the Annexation and set forth in
Chapter 4, Title XII of the Pueblo Municipal Code and the standards and
specifications approved by City Council ( "Omitted Public Improvement "),
Subdivider shall not be released or discharged from Subdivider's obligation to
construct and install the Omitted Public Improvement in the time and manner
contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code.
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable:
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents.
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size
or type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date the Required Public
4
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 to 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.
13 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 wntten approval and
acceptance by the Director of Public Works of the Required Public Improvements
described in attached Exhibit `B" and the Annexation Agreement, provided,
however that the obligation of the Subdivider 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" and the
Annexation Agreement by the Director of Public Works.
14 All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council.
15. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in wnting and signed by all parties.
16. This Agreement shall extend to and be binding upon the successors and assigns of
the City and upon the heirs, successors, assigns and legal representatives of
Subdivider, and shall be recorded in the office of the County Clerk and Recorder of
Pueblo County, Colorado, and shall constitute an agreement running with the land
until released as described above.
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer
SIGNATURES ON FOLLOWING PAGES
5
Subdivider
Black Hills /Colorado Electric Utility Company, LP
By I L
Mark L. Lux
Vice President
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on 1 7 day of November, 2011, by
L ,(ja . A , as Vice President of Black Hills /Colorado Electric Utility Company, LP,
Subdivider
My commission expires. 0/1-1112013
Notary Public
Subdivider
Black Hills Colorado IPP, LLC
BY'
ark L. Lux
Vice President
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on / 7 day of November 2011, by
Av L L Lt.t , as Vice President of Black Hills Colorado IPP, LLC, Subdivider
My commission expires I /
Y p �y JZ ?�Za�3
Notary Public
6
CITY O UEB O, a nicipal Corporation
� o
F a'' ►,�\, , .. ;ti, Presid nt of City Council
ATTEST !, `�1
it
r.
.
City ;: erk \%- 4 o'
, ' 4 Dost., �?.:
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged A i a ; fore me this f „as day of
r°,im..� 9.01 1 by _i .. Ara, _ e!, as
President of City Council, j1 y l, (, O - d y1.e_I'- and as City Clerk of
the City of Pueblo, Colorado
Witness my hand and official seal. �S
My commission expires - Zi -2 is
swam -
LORENE BRAVO -NEFF II
[SEA i•10''ARY PUBLIC all 12 -' i' `� /' Lo — / lf.
STATE OF COLORADO Notary Public 1/
APPROVED AS TO FORM.
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City Attome /
7
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME. Black Hills Subdivision Fling No. 1 and Special Area Plan
DEVELOPER: Black Hills / Colorado Electric Utility Company, L.P
and Black Hills Colorado IPP Company, L.L.C.
ENGINEER: Black & Veatch Corporation
Itemization of Required Public Improvements
Water pipeline installation (27th Lane and Rawlings) $ 2,092,377 70 (actual)
27th Lane road construction (aggregate surfacing) $ 2,976,327.25 (actual)
27th Lane finish asphalt paving $ 919,598.00 (forecast)
City Water Pump Station (supply) $ 616,043.00 (actual)
City Water Pump Station installation $ 34,700 00 (forecast)
TOTAL $ 6,639,045.95
This is an estimate only Actual construction costs may vary
PREPARED BY Jason Hartman
FIRM: Black Hills Energy
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 dipicts 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] �� ��,o n� ns lC � 'y�,' ,l. - — �� 26 //
V 3/ / pk �k �o _ P /•fessional 'gineer Date
388 */
4‘ 0sS AL N N G\?; s.
REVIEWED BY ea. �` 1 h
City of Pueblo