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HomeMy WebLinkAbout08243Reception 1866711 02/09/2011 ORDINANCE NO 8243 AN ORDINANCE APPROVING THE BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Belmont Square Shopping Center Subdivision, A Special Area Plan being a subdivision of land legally described as A parcel of land being a portion of Parcel "A" of Belmont Thirteenth Filing, according to the Plat thereof recorded February 15, 1956 at Reception No 7280 of the records of the Office of Clerk and Recorder of Pueblo County, Colorado, AND a portion of Parcel "C" of Belmont Seventeenth Filing, according to the Plat thereof recorded February 27, 1958 at Reception No 63751 of said records, and being more particularly described as follows Beginning at the Northernmost corner of Lot 1, Block 7, Belmont, Second Filing, according to the Plat thereof recorded June 5, 1952 at Reception No 914208 of said records, Thence Southwesterly, along the Westerly boundary line of said Belmont, Second Filing, the following two (2) courses 1 South 35 degrees 38 minutes 30 seconds West a distance of 191 65 feet, more or less, 2 South 00 degrees 14 minutes 00 seconds West a distance of 163 98 feet, more or Tess, Thence North 87 degrees 36 minutes 00 seconds West, parallel to the boundary line common to said Parcels "A" and "C" a distance of 932 62 feet, more or less, Thence North 22 degrees 16 minutes 00 seconds East, a distance of 20 65 feet, more or less, Thence North 61 degrees 04 minutes 00 seconds West, a distance of 130 36 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont Seventeenth Filing, Thence Northeasterly, along said right -of -way line, the following two (2) courses 1 North 24 degrees 32 minutes 00 seconds East a distance of 25 22 feet; 2 Along the arc of a curve to the right whose radius is 955 37 feet, a distance of 20 46 feet to the Southwest corner of NEPCO Subdivision, according to the Plat thereof recorded December 3, 1998 at Reception No 1251634 of said records, Thence along the boundary of said NEPCO Subdivision the following three (3) courses 1 South 64 degrees 14 minutes 20 seconds East a distance of 127 69 feet, 2 North 32 degrees 27 minutes 00 seconds East a distance of 238 73 feet; 3 North 41 degrees 45 minutes 28 seconds West a distance of 124 65 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont, Thirteenth Filing, Thence Northeasterly, along said right -of -way line, the following three (3) courses 1 North 38 degrees 14 minutes 00 seconds East a distance of 175 35 feet; 2, Along the arc of a curve to the right whose radius is 1096 feet, a distance of 191.29 feet; 1866711 ORD 02/09/2011 02 21 17 PM Page 20 3 R2 C Gilbert rtiz of Clerk /Reoor00 0 der Pueblo 21 Cou o III�ti' ®� a��1�a'�� �� irom I',R '� d "� 3 North 48 degrees 14 minutes 00 seconds East a distance of 129 74 feet to the Westernmost corner of Parcel "B" in said Belmont, Thirteenth Filing, Thence Easterly, along the boundary line common to said Parcels "A" and "B ", the following three (3) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 100 00 feet more or Tess, 2 South 86 degrees 46 minutes 00 seconds East a distance of 70 71 feet; 3 North 48 degrees 14 minutes 00 seconds East a distance of 100 00 feet, more or less, to the Southerly right -of -way line of Constitution Road, as platted in Belmont Fourth Filling, according to the Plat thereof recorded December 2, 1962 at Reception No 925328 of said records, Thence Southeasterly, along said right -of -way line and along said right -of -way line as platted in Belmont, Third Filing, according to the Plat thereof recorded August 8, 1952 at Reception No 918520 of said records, the following two (2) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 368 86 feet, more or less, 2 Along the arc of a curve to the left whose radius is 1085 53 feet, a distance of 238 56 feet, more or Tess, to the Point of Beginning, County of Pueblo, State of Colorado SECTION 2. The acceptance of such dedicated streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby Nothing in this 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 4. This Ordinance shall be approved upon final passage but shall not become effective until (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) 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 s % INTRODUCED July 12, 2010 BY Judy Weaver — I COUNCIL PERSON kira • INtll SIlia / AP 1 A �� _ _ ,f . ,,� (1 1) PRESIDENT OF CITY COUNCIL ATTESTED B ii _"` L _ _ �! ►f QTY CLERK PASSED AND APPROVED July 26, 2010 1866711 ORD 02/09/2011 02 21 17 PM P 30 o R 00 0 00 T 21 00 Gilbert rtiz Clerk /1 ecorder Pueblo Co unty Co iv Rtr�111,FRICl 'Iiiiri 6 11111 Background Paper for Proposed ORDINANCE DATE: JULY 12, 2010 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide 12.23-acres of land, within the existing Belmont Shopping Center, into seven lots and one parcel? RECOMMENDATION The Planning and Zoning Commission, at their May 12, 2010 Regular Meeting, voted 6-0 to recommend approval. BACKGROUND The Applicant is proposing to subdivide a 12.23-acre parcel of land, including all of Parcel A in Belmont Thirteenth Filing and a portion of Parcel C in the Belmont Seventeenth Filing. The subdivision includes the 51,413 square foot multi-tenant shopping center, US Bank, Monica’s Taco Shop, Spectator’s Restaurant and Bar and Advance America, Cash Advance. The subdivision consists of seven lots and one parcel which will be reserved for future resubdivision and development. The proposed subdivision will create individual lots for all existing structures and businesses. The Belmont Shopping Center structure and all adjacent parking will be located in Lot 6; the remaining four businesses will obtain their own lots as part of the subdivision. Two additional vacant lots will be subdivided to facilitate future development, Lot 5 and Lot 7. The plat dedication indicates that Parcel A will be reserved for future development. Parking, utilities, and internal circulation for all of the proposed lots will be provided by Lot 6. The proposed Declaration of Reciprocal Easements will provide public ingress/egress, utilities and parking to the surrounding lots, in perpetuity. According to the declaration, the owner of Lot 6 is responsible for all maintenance and landscaping for the shared parking, access ways, and utility easements. FINANCIAL IMPACT None. Reception 1866713 02/09/2011 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on , v.20 /0 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and BELMONT SIUARED LLC a Colorado Limited Liabili Com.an ( "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 Belmont Square Shopping Center, A Special Area Plan_ ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code, and WHEREAS, Subdivider is required by Chapter 4 Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "), and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and shown on approved construction plans and documents on file in the office of the City s Director of Public Works ( "Plans and Documents ") WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to snake 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 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 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 DPW 101 Dec. 2007 K , 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 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 DPW 101 2 May 2009 11111 7 As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City 8 Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision 9 The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements DPW 101 3 May 2009 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 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 XII of DPW 101 4 May 2009 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 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 16 All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council DPW 101 5 May 2009 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 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer BELMONT SQUARED LLC, A Colorado Limited Liability Company AY pU N Subdivider r , 000 00000 00 z, ■ •••'0 4/9"- SL)) • B Y *KRISTIN LYNN Ma ZINA • • o t do. •••�% And • ‘\\ COL BY ,/(/(73 My Commission Expires 02/12/2014 Manager STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me on tea Zd Zp/O , by Stephen F. Elken and Michael B. Opatowski as Managers of Belmont Squared LLC, a Colorado Limited Liabilit Com Dan , Subdivider My commission expires 0242/20/ Not./ Public d ip CITY OF P BLO, Municipa Corporation By Pre dent City Council ATTEST DPW 101 6 May 2009 . if -,\ \ 0 , 4 A , A s)/ , y ; Cit et '' 16 ,1 _ {A STATE OF COLORADO ) e' • ss - .11'04400 COUNTY OF PUEBLO ) ST J he foregoing instrument was acknowledged before me this / day of � u et ry .3 , 11 by ` /1� i & , as ;/-\6, President of City Council, and i6 , ,U -1 c 1- r ,e as City Clerk of the City of Pueblo, Colorado Witness my hand and official seal M •mmission expires. g/ 7 /Zd // /', 440TAR) To', — Notary Public Z• w • =!.5 ti LIG APPROVED AS TO FORM. City Att ey 1866713 SUBD_AG 02/09/2011 02 21 17 PM Page 70 1 1 R 61 00 D 0 00 T 00 Co nil k il l Gilbert rt iz C lerklRecorde r Pueblo C(3 nty a ' Ii rIl a riL�� °114' aligi41 I 111 DPW 101 7 May 2009 • County ' Co Rini el111 EXHIBIT A Commitment No NCS- 429300 -CO The land referred to in Schedule A is situated in the County of Pueblo, State of Colorado and is described as follows A parcel of land being a portion of Parcel "A" of Belmont Thirteenth Filing, according to the Plat thereof recorded February 15, 1956 at Reception No. 7280 of the records of the Office of Clerk and Recorder of Pueblo County, Colorado, AND a portion of Parcel "C" of Belmont Seventeenth Filing, according to the Plat thereof recorded February 27, 1958 at Reception No. 63751 of said records, and being more particularly described as follows Beginning at the Northernmost corner of Lot 1, Block 7, Belmont, Second Filing, according to the Plat thereof recorded June 5, 1952 at Reception No. 914208 of said records, Thence Southwesterly, along the Westerly boundary line of said Belmont, Second Filing, the following two (2) courses 1 South 35 degrees 38 minutes 30 seconds West a distance of 191.65 feet, more or less, 2. South 00 degrees 14 minutes 00 seconds West a distance of 163 98 feet, more or less, Thence North 87 degrees 36 minutes 00 seconds West, parallel to the boundary line common to said Parcels "A" and "C" a distance of 932.62 feet, more or less, Thence North 22 degrees 16 minutes 00 seconds East, a distance of 20.65 feet, more or less, Thence North 61 degrees 04 minutes 00 seconds West, a distance of 130.36 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont Seventeenth Filing, Thence Northeasterly, along said right -of -way line, the following two (2) courses 1 North 24 degrees 32 minutes 00 seconds East a distance of 25.22 feet; 2. Along the arc of a curve to the right whose radius is 955.37 feet, a distance of 20 46 feet to the Southwest corner of NEPCO Subdivision, according to the Plat thereof recorded December 3, 1998 at Reception No. 1251634 of said records, Thence along the boundary of said NEPCO Subdivision the following three (3) courses 1 South 64 degrees 14 minutes 20 seconds East a distance of 127 69 feet, 2. North 32 degrees 27 minutes 00 seconds East a distance of 238.73 feet; 3 North 41 degrees 45 minutes 28 seconds West a distance of 124 65 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont, Thirteenth Filing, Thence Northeasterly, along said right -of -way line, the following three (3) courses 1 North 38 degrees 14 minutes 00 seconds East a distance of 175.35 feet; 2, Along the arc of a curve to the right whose radius is 1096 feet, a distance of 191.29 feet; 3. North 48 degrees 14 minutes 00 seconds East a distance of 129 74 feet to the Westernmost corner of Parcel "B" in said Belmont, Thirteenth Filing, Thence Easterly, along the boundary line common to said Parcels "A" and "B ", the following three (3) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 100 00 feet more or less, 2. South 86 degrees 46 minutes 00 seconds East a distance of 70 71 feet; 3 North 48 degrees 14 minutes 00 seconds East a distance of 100 00 feet, more or less, to the Southerly right -of -way line of Constitution Road, as platted in Belmont Fourth Filling, according to the Plat thereof recorded December 2, 1962 at Reception No. 925328 of said records, Thence Southeasterly, along said right -of -way line and along said right -of -way line as platted in Belmont, Third Filing, according to the Plat thereof recorded August 8, 1952 at Reception No 918520 of said records, the following two (2) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 368.86 feet, more or less, 2. Along the arc of a curve to the left whose radius is 1085 53 feet, a distance of 238 56 feet, more or less, to the Point of Beginning, County of Pueblo, State of Colorado. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN JN 1000200 DEVELOPER. BELMONT SQUARED LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 - LOT 7 STREETS Asphalt Patch 4" on 9" 170 SY @ $23 00 /SY = $4,000 Asphalt Patch 4" on 9" removal 170 SY © $15 00 /SY = $2,600 Curb and Gutter 102 LF @ $12.00 /LF = $1,300 Curb and Gutter removal 102 LF @ $8 00 /LF = $900 Handicap Ramp 192 SF @ $4 00 /SF = $800 4" Concrete Sidewalk 860 SF @ $3 00 /SF = $2,600 Tactile Bands 4 EA @ $350 00 /EA = $1,400 Square Pan Radius 340 SF @ $5 00 /SF = $1,700 STORM SEWER Asphalt Patch 4" on 9" 60 SY @ $23 00 /SY = $1,400 Asphalt Patch 4" on 9" removal 60 SY © $15 00 /SY = $900 Curb and Gutter 140 LF @ $12 00 /LF = $1,700 Curb and Gutter removal 170 LF @ $8 00 /LF = $1,400 18" A2000 PVC 648 LF @ $54 00 /LF = $35,000 12 "X22" CMP Removal 230 LF @ $50 00 /LF = $11,500 Type 1 -C Manhole 2 EA @ $3,000 00 /EA = $6,000 Type S Inlet 1 EA @ $4,060 00 /EA = $4,100 Type S Inlet Removal 1 EA @ $3,000.00 /EA = $3,000 Type 13 Inlet 1 EA @ $2,960 00 /EA = $3,000 SANITARY Service 1 EA @ $1,200 00 /EA = $1,200 WATER 8" PVC Water Main 66 LF @ $47.50 /LF = $3,200 Service 1 EA @ $600 00 /EA = $600 SUBTOTAL $88,300 1866713 SUBD_AG 02/09/2011 02 21 17 PM Page 9 of 11 R 61 00 D 0 00 T 61 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co III in a1iI ' 1� 14P4i� ' Pe i el� ' � ' P� i r 1rillii e EXHIBIT "B" SUBDIVISION NAME. BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN ]N 1000200 DEVELOPER. BELMONT SQUARED LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 - PARCEL A STORM SEWER Detention 0.87 acre © $18,165 00 /LF = $15,900 Outlet structure 1 EA © $3,300 00 /EA = $3,300 18" A2000 PVC 88 LF @ $54 00 /LF = $4,800 OVERHEAD POWER Underground Overhead Power 900 LF @ $100 00 /LF = $90,000 SUBTOTAL $114,000 PHASE 3 - LOT 5 SANITARY Service 1 EA @ $1,200 00 /EA = $1,200 WATER Service 1 EA @ $600.00 /EA = $600 SUBTOTAL $1,800 TOTAL PROJECT. $204,100 1866713 SUBD AG 02/09/2011 02 21 17 PM Pa 10 11 R 00 D 0 00 T Gilbert Ortiz of Clerk /Recor de Pueblo Count61 00 y Co It' I 11 1866713 SUBD AG 02/09/2011 02 21 17 PM Page 11 of 1I R 61 00 D 0 00 T 61 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co III In P1.11,141'I 0K 1191 WAIN 1114 MI111 This is an estimate only Actual construction costs may vary PREPARED BY MLC FIRM NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and 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. City qff ueblo. rr I � �, . I '3K<\ /, !v'f v C; ' Professional Engineer Date 07 0,9 R IEWE' BY .._ u Directs of Public Works •ate Reception 1866714 02/09/2011 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the P (6 6,t 1,E/L 2O,2O /v Subdivision Improvements Agreement for Belmont Square Shopping Center, A Special Area Plan (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 any Phase which has not been released under paragraph 4 above ( "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. DPW 103 11/01/05 1866714 ADD_RGR 02/09/2011 02 21 17 PM Pag 2 of 7 R 41 00 D 0 00 T 41 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co M11311111110441111%1V1 10,r'iNPitP M!1ii'1'. 1111 )ter 1 � Executed at P. e, Colorado, as of >p \O" 1 ZbI 0 BELMONT SQUARED LLC, A Colorado Limited Li bility Company Subdivider By Marta! And / By j/ • mull, Manager 7 r STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 2c " day of bie ", 2_010 by Stephen F. Elken and Michael B. Opatowski as Managers of Belmont Squared LLC.,_ a Colorado Limited Liability Company , Subdivider Witness my hand and official seal My commission expires 02 f /Z1 Z-ON ' o�AY / f 0...... % . t•7, L ] Notary Public ;KRISTIN LYNN • f 4 i t ZINA • t t �' • O4' CITY OF PUEBLO, t '� OF C Ok - -- .- a M Icipal orporation Illy Commission Expires 02/1212014 By k w . 41 L . ,... _/.. President of tit Council ✓ i - . < ';7.%. , /.6 - ' 0 , 0 4 ° , :, : , t7 / i S ` ,' ( i , e DPW 103 11/01/05 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence (a) Phase I shall consist of the following lots within the Subdivision Lots 1, 2, 3, 4, 6, and 7 (b) Phase II shall consist of the following lots within the Subdivision Parcel A (c) Phase III shall consist of the following lots within the Subdivision Lot 5 1866714 ADD_AGR 02/09/2011 02 21 17 PM Gilbert /Recorder P ebTo Co ����t� ♦a 1�l r�� '� ���Ia h l t GEN lid, kik 11111 DPW 103 11/01/05 EXHIBIT A Commitment No. NCS- 429300 -CO The land referred to in Schedule A is situated in the County of Pueblo, State of Colorado and is described as follows A parcel of land being a portion of Parcel "A" of Belmont Thirteenth Filing, according to the Plat thereof recorded February 15, 1956 at Reception No. 7280 of the records of the Office of Clerk and Recorder of Pueblo County, Colorado, AND a portion of Parcel "C" of Belmont Seventeenth Filing, according to the Plat thereof recorded February 27, 1958 at Reception No. 63751 of said records, and being more particularly described as follows Beginning at the Northernmost corner of Lot 1, Block 7, Belmont, Second Filing, according to the Plat thereof recorded June 5, 1952 at Reception No 914208 of said records, Thence Southwesterly, along the Westerly boundary line of said Belmont, Second Filing, the following two (2) courses 1 South 35 degrees 38 minutes 30 seconds West a distance of 191 65 feet, more or less, 2. South 00 degrees 14 minutes 00 seconds West a distance of 163 98 feet, more or less, Thence North 87 degrees 36 minutes 00 seconds West, parallel to the boundary line common to said Parcels "A" and "C" a distance of 932.62 feet, more or less, Thence North 22 degrees 16 minutes 00 seconds East, a distance of 20 65 feet, more or less, Thence North 61 degrees 04 minutes 00 seconds West, a distance of 130 36 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont Seventeenth Filing, Thence Northeasterly, along said right -of -way line, the following two (2) courses 1 North 24 degrees 32 minutes 00 seconds East a distance of 25.22 feet; 2. Along the arc of a curve to the right whose radius is 955.37 feet, a distance of 20 46 feet to the Southwest corner of NEPCO Subdivision, according to the Plat thereof recorded December 3, 1998 at Reception No. 1251634 of said records, Thence along the boundary of said NEPCO Subdivision the following three (3) courses 1 South 64 degrees 14 minutes 20 seconds East a distance of 127 69 feet, 2. North 32 degrees 27 minutes 00 seconds East a distance of 238 73 feet; 3 North 41 degrees 45 minutes 28 seconds West a distance of 124 65 feet to the Easterly right -of -way line of Bonforte Boulevard, as platted in said Belmont, Thirteenth Filing, Thence Northeasterly, along said right -of -way line, the following three (3) courses 1 North 38 degrees 14 minutes 00 seconds East a distance of 175 35 feet; 2, Along the arc of a curve to the right whose radius is 1096 feet, a distance of 191 29 feet; 3 North 48 degrees 14 minutes 00 seconds East a distance of 129 74 feet to the Westernmost corner of Parcel "B" in said Belmont, Thirteenth Filing, Thence Easterly, along the boundary line common to said Parcels "A" and "B ", the following three (3) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 100 00 feet more or less, 2. South 86 degrees 46 minutes 00 seconds East a distance of 70 71 feet; 3 North 48 degrees 14 minutes 00 seconds East a distance of 100 00 feet, more or less, to the Southerly right -of -way line of Constitution Road, as platted in Belmont Fourth Filling, according to the Plat thereof recorded December 2, 1962 at Reception No 925328 of said records, Thence Southeasterly, along said right -of -way line and along said right -of -way line as platted in Belmont, Third Filing, according to the Plat thereof recorded August 8, 1952 at Reception No. 918520 of said records, the following two (2) courses 1 South 41 degrees 46 minutes 00 seconds East a distance of 368 86 feet, more or less, 2. Along the arc of a curve to the left whose radius is 1085 53 feet, a distance of 238 56 feet, more or less, to the Point of Beginning, County of Pueblo, State of Colorado -- 1866714 ADD_AGR 02/09/2011 02 21 17 PM Pa ert /Re Pueblo 4 Cou 0 n 0 y Co 11111 • 1866714 ADD_AGR 02/09/2011 02 21 17 PM Galber t 5 0 r ° tiz 7 C1erk4R ec c or der 0 P eb Co III h I IV A% I ' 10.RA VIACHIO I II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME. BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN ]N 1000200 DEVELOPER. BELMONT SQUARED LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 1 - LOT 7 STREETS Asphalt Patch 4" on 9" 170 SY @ $23 00 /SY = $4,000 Asphalt Patch 4" on 9" removal 170 SY @ $15 00 /SY = $2,600 Curb and Gutter 102 LF @ $12.00 /LF = $1,300 Curb and Gutter removal 102 LF @ $8 00 /LF = $900 Handicap Ramp 192 SF @ $4 00 /SF = $800 4" Concrete Sidewalk 860 SF @ $3.00 /SF = $2,600 Tactile Bands 4 EA @ $350.00 /EA = $1,400 Square Pan Radius 340 SF @ $5 00 /SF = $1,700 STORM SEWER Asphalt Patch 4" on 9" 60 SY @ $23 00 /SY = $1,400 Asphalt Patch 4" on 9" removal 60 SY @ $15.00 /SY = $900 Curb and Gutter 140 LF @ $12 00 /LF = $1,700 Curb and Gutter removal 170 LF @ $8 00 /LF = $1,400 18" A2000 PVC 648 LF @ $54 00 /LF = $35,000 12 "X22" CMP Removal 230 LF @ $50.00 /LF = $11,500 Type 1 -C Manhole 2 EA @ $3,000 00 /EA = $6,000 Type S Inlet 1 EA @ $4,060 00 /EA = $4,100 Type S Inlet Removal 1 EA @ $3,000 00 /EA = $3,000 Type 13 Inlet 1 EA @ $2,960 00 /EA = $3,000 SANITARY Service 1 EA @ $1,200 00 /EA = $1,200 WATER 8" PVC Water Main 66 LF @ $47.50 /LF = $3,200 Service 1 EA @ $600 00 /EA = $600 SUBTOTAL $88,300 EXHIBIT "B" SUBDIVISION NAME BELMONT SQUARE SHOPPING CENTER, A SPECIAL AREA PLAN 3N 1000200 DEVELOPER. BELMONT SQUARED LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. PHASE 2 - PARCEL A STORM SEWER Detention 0.87 acre @ $18,165 00 /LF = $15,900 Outlet structure 1 EA @ $3,300 00 /EA = $3,300 18" A2000 PVC 88 LF @ $54 00 /LF = $4,800 OVERHEAD POWER Underground Overhead Power 900 LF @ $100 00 /LF = $90,000 SUBTOTAL $114,000 PHASE 3 - LOT 5 SANITARY Service 1 EA @ $1,200 00 /EA = $1,200 WATER Service 1 EA @ $600 00 /EA = $600 SUBTOTAL $1,800 TOTAL PROJECT: $204,100 1866714 ADD_AGR 02/09/2011 02 21 17 PM Page 6 of R 4 1 00 D 0 00 T 41 0 Co Gilbert O rtiz Clerk /Recorder Pueblo C ounty III 1'ir� , 'r"', I��' +.!V ie+�rhfirilklitili 11111 e • This is an estimate only Actual construction costs may vary PREPARED BY MLC FIRM NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and 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 Gityaof-Pjeo s a'. w. 1 / CJ ic) , s ` a Professional Engineer Date )( L ( iY Z. �, a, I 1 ;� O �� 4' � C.)'0 /ON #.' REVIEWED BY I�ai ft Direct of Public Works ate i 1866714 ADD_AGR 02/09/2011 02 21 17 PM Page 7 of 7 R 41 00 D 0 00 T 41 00 Gilbert Ortiz ClerklRecorder Pueblo County Co III rill F Ih rlib: « L �o PifiR cP it am um