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HomeMy WebLinkAbout08632Reception 1992316 12/17/2014 10:05:33 ORDINANCE NO. 8632 AN ORDINANCE APPROVING THE GRUMA SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Gruma Subdivision, being a subdivision of land legally described as: A parcel of land being a portion of the 100 foot wide abandon Burlington Northern and Santa Fe Railroad Company right of way formerly known as the Atchison, Topeka and Santa Fe Railway Company located within a portion of the NW 1/4 of the SW 1/4 and a portion of the SW 1/4 of the NW '/4 of Section 31, Township 20 South, Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. BEGINNING at the NE corner of Blazer Subdivision Second Filing, according to the recorded plat thereof filed for record June 16, 1995 at Reception No. 1083650 in the records of the Pueblo County Clerk and Recorder said corner also being on the Southwesterly right of way; Thence Northwesterly along said Southwesterly right of way line the following two (2) courses: 1. Along the arc of a curve to the right whose center bears N 20° 49' 03" E (Bearings based on the line from the NE corner of Blazer Subdivision Second Filing monumented with a No. 4 rebar with yellow plastic cap P.L.S. No. 16128 to bear N 61° 04' 29" W as established on the recorded plat thereof Blazer Subdivision Second Filing for record June 16, 1995 at Reception No. 1083650 in the records of the Pueblo County Clerk and Recorder.) Have a radius of 2914.90 feet a central angle of 16° 12' 56" a distance if 824.96 feet: 2. N 52° 58' 01" W a distance of 536.77 feet more or less to a point on the east right of way line of Santa Fe Avenue; Thence N 00° 18' 01" W along said east right of way line a distance of 125.77 feet to a point on the Northeasterly right of way line of said abandon Burlington, Northern and Santa Fe Railroad Company right of way; Thence Southeasterly along said Northeasterly right of way line the following two (2) courses: 1. S 52° 58' 01" E a distance of 613.04 feet: C 1992316 ORD 12/17/2014 10:05:33 AM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III FAT haliffi h 1'14141lA GA KM AEI, 11111 2. Along the arc of a curve to the left having a radius of 2814.90 feet a central angle of 16° 12' 56" a distance of 796.66 feet: Thence S 20° 49' 03" W a distance of 100.00 feet to the POINT OF BEGINNING. Said parcels contain 3.29 Acres more or less. attached hereto, is hereby approved. 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. 1992315 ORD 12/17/2014 10:05:33 AM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III NIFAITEIOVIONWIAMMOKAyi IIIII SECTION 5. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has 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. All information, documents, drawings and profiles required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off-site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by ordinance adopted by the City Council (the "Deferred Filings"). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one-year period, the ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. 0{44rime,�o INTRODUCED: SEPTEMBER 9, 2013 ' toy A ...... IS. , OlAi ,� BY: Chris Kaufman I Cl ,iarritio 0 fail 11. 10,0 N ( ._______:- 1 iv A , . AP P R•ek ••.`" � oal1�� �� PRESIDENT OF CITY COUNCIL v v ATTESTED BY: I ____ . �•---r ` IT K PASSED AND APPROVED: September 23, 2013 Background Paper for Proposed ORDINANCE DATE: SEPTEMBER 9, 2013 AGENDA ITEM # R-4 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING THE GRUMA SUBDIVISION PLAT ISSUE Should City Council approve the request to create a one lot and one parcel (Parcel C) subdivision on 3.29 acres of land? RECOMMENDATION The Planning and Zoning Commission, at their August 14, 2013 Regular Meeting, voted 7-0 to recommend approval. BACKGROUND The applicant is proposing to subdivide a 3.29 acre parcel of land into one lot and one parcel. The intent is to sell the lot for future development and provide a parcel for any planned development in the future while maintaining roadway access. The subdivision will not close or reduce access through Gruma Drive (Parcel C). Gruma Drive will be used for ingress, egress, and drainage purposes. Pueblo Urban Renewal Authority (PURA) has not dedicated the road as a right-of-way because it is identified in the long range plans as a Special Development Area that may change due to expansions of the Riverwalk or other developments. Finally, PURA will install landscaping near Santa Fe Drive after the completion of this subdivision. FINANCIAL IMPACT The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will, like other developments, require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. Reception 1992318 12/17/2014 10:05:33 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on f\i/p v .p-r c. 614-) , between the CITY OF PUEBLO, a Municipal Corporation("City"), and Pueblo Urban Renewal Authority ("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 Gruma Subdivision ("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements"); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit"B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ("Plans and Documents"). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 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 DPW 101 Dec.2007 1992318 AGREE 12/17/2014 10:05:33 AM Page: 2 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo Co Sill MITfP 11111 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 1992318 AGREE 12/17/2014 10:05:33 AM Page: 3 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III rdL'u,41l Ih ,1M 11,1, 1 II1 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 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 DPW 101 3 May 2009 1992318 AGREE 12/17/2014 10:05:33 AM Page: 4 of 11 R 61.00 Dr 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co I III 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 1992318 AGREE 12/17/2014 10:05:33 AM Page: 5 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co SII Fri Esatjali o Pi CAW SIA 11110 Eih SIM 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 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. DPW 101 5 May 2009 1992318 AGREE 12/17/2014 10:05:33 AM ggee:rt 6Orotfiz 1ClerR/6e1co0r0deDr,0P.u0e0b1o 6u0 , Co III KIPAPPritH,MAIM 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. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. --Th ,y Subdivirof, (SEAL) By: i zt bi Ikd ve7 By: O L.OR6l .�{(,(fp 1 1, Y Icu Ia►+ K-. The foregoing instrument wets ac o ledged bef re me on N1O aQ2r5 2014 , by 1'it ov e.� 'ack, Clue' , Subdivider. My commission expires: 4 111 SARA JANE EBERSOLE • . Pub is NOTARY PUBLIC STATE OF COLORADO CITY e ' 'U • • icipal irporation NOTARY ID 20104018616 MY COMMISSION EXPIRES JUNE 2,2018 IVA •resident of City Council AT EST: h ` o\ City`i erk J 114, • STATE OF COLORADO ) + f ,�a, / ss. ." ) COUNTY OF PUEBLO ) o°'��o +141 The foregoing instrument was acknowledged before me this da of Derrther , 2O!'/ by ' 01 6"• L , as President of City Council, and j(, £i-ei( as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. JEANETTE R. GONZALES DPW 101 6 NOTARY PUBLIC May 2009 STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017 JEANETTE R. GONZALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017 My commission expires: .4choi?i o1Q/' ' [ SEAL] Notary Pub lc S APPROVED AS TO FORM: >cur‘.‘.."-/ K.701,4i_z City Attorney 1992318 AGREE 12/17/2014 10:05:33 AM Page: 7 of 11 R 61.00 0.00 T 61.00 Gilbert Ortiz C1erkfRecorde19., Pueblo County, Co III �r�P P� ' i°gliiiia ! ' W'il kali MIIII DPW 101 7 May 2009 1992318 AGREE 12/17/2014 10:05:33 AM Page: 8 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Nral III EXHIBIT A Legal Description—Gruma Subdivision KNOW ALL MEN BY THESE PRESENTS THAT: Pueblo a Municipal Corporation being the sole owner of the following described parcels of land: A parcel of land being a portion of the 100 foot wide abandon Burlington Northern and Santa Fe Railroad Company right of way formerly known as the Atchison,Topeka and Santa Fe Railway Company located within a portion of the NW 'A of the SW' and a portion of the SW'A of the NW'A of Section 31,Township 20 South, Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. BEGINNING at the NE corner of Blazer Subdivision Second Filing, according to the recorded plat thereof filed for record June 16, 1995 at Reception No. 1083650 in the records of the Pueblo County Clerk and Recorder said corner also being on the Southwesterly right of way;Thence Northwesterly along said Southwesterly right of way line the following two (2) courses: 1. Along the arc of a curve to the right whose center bears N 20°49' 03" E (Bearings based on the line from the NE corner of Blazer Subdivision Second Filing monumented with a No. 4 rebar with yellow plastic cap P.L.S. No. 16128 to bear N 61°04' 29"W as established on the recorded plat thereof Blazer Subdivision Second Filing for record June 16, 1995 at Reception No. 1083650 in the records of the Pueblo County Clerk and Recorder.) Have a radius of 2914.90 feet a central angle of 16° 12' 56" a distance if 824.96 feet: 2. N 52°58' 01" W a distance of 536.77 feet more or less to a point on the east right of way line of Santa Fe Avenue;Thence N 00° 18' 01" W along said east right of way line a distance of 125.77 feet to a point on the Northeasterly right of way line of said abandon Burlington, Northern and Santa Fe Railroad Company right of way; Thence Southeasterly along said Northeasterly right of way line the following two (2) courses: 1. S 52°58' 01" E a distance of 613.04 feet: 2. Along the arc of a curve to the left having a radius of 2814.90 feet a central angle of 16° 12' 56" a distance of 796.66 feet: Thence S 20°49'03" W a distance of 100.00 feet to the POINT OF BEGINNING. KNOW ALL MEN BY THESE PRESENTS THAT: Pueblo Urban Renewal Authority being the sole owner of the following described parcels of land: Lots 1, 2 and 3 Block 2 of Moore's Subdivision County of Pueblo, State of Colorado,Together with Vacated Alley Adjacent to said Lots. Said parcels contain 3.29 Acres more or less. 8 1992318 AGREE 12/17/2014 10:05:33 AM Page: 90 of 11 R 61.00 0 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III�U�� P� P�ila�P�,ae �� �Yi MIII SUBDIVISION IMPROVEMNTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: GRUMA SUBDIVISION DEVELOPER: Pueblo Urban Renewal Authority ENGINEER: Clark Engineering LLC, Laurie E. Clark P.E. Itemization of Required Public Improvements Unit Description Unit Price Quantity Total Unit Cost A. STREET I.) Pavement a.) 7" hot mix asphalt $ 75.00 TON 50 $ 3,750.00 2.) Concrete a.) Standard Curb& Gutter $ 12.00 LF 432 $ 5,184.00 b.) 6" Curb Head $ 12.00 LF 91 $ 1,092.00 c.)4" Concrete Sidewalk $ 3.00 SF 2528 $ 7,584.00 d.) 6" Concrete Driveway $ 4.00 SF 455 $ 1,820.00 e.) ADA Curb Ramps $ 4.00 SF 107 $ 428.00 f.) 7" Reinforced Concrete $ 5.00 SF 70 $ 350.00 3.) Sanitary Sewer a.) Service Line 100' Right of Way $ 1,600.00 EA 1 $ 1,600.00 4.) Water a.) Service Line 100' Right of Way $ 1,000.00 EA 1 $ 1,000.00 5.) Street Lights a.) Street Lights $ 1,450.00 EA 1 $ 1,450.00 9 1992318 AGREE 12/17/2014 10:05:33 AM Page: 10 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III�Urr 'r PIm�6 vN VI~ Irk l�',8ini I III B.DRAINAGE 1.) Storm Sewer a.) 18" Storm Sewer $ 41.00 LF 198 $ 8,118.00 B.) 60" DIA. Storm Sewer Manhole $ 2,465.00 EA 2 $ 4,930.00 2.) Detention Facilities a.) Planting&Establishing Veg(Excl trees) $ 13,150.00 AC 0.11 $ 1,446.50 b.) Reinforced Structure with riser pipe&grave $ 3,700.00 EA 1 $ 3,700.00 c.) 7" Concrete Double Gutter $ 5.00 SF 36 $ 180.00 d.) Concrete Headwall $ 1,200.00 EA 1 $ 1,200.00 e.) Grading $ 18,165.00 AC 0 $ 2,543.10 f.) 1" washed gravel drywell in detention pond $ 40.00 CY 7 $ 290.00 3.) Construction and Post Construction BMP'S a.) Silt Fence $ 3.50 LF 264 $ 924.00 b.) Vehicle Tracking Control $ 800.00 EA 1 $ 800.00 c.) Concrete Washout Structure $ 200.00 EA 1 $ 200.00 d.) Stockpile Management silt fence $ 3.50 LF 126 $ 441.00 e.) Rock Sock $ 5.50 LF 8 $ 44.00 f.) Sediment Control Log 8" $ 4.00 LF 41 $ 164.00 C. LANDSCAPE 1.) Landscape Planting a.) Trees, Ornamental $ 300.00 EA 4 $ 1,200.00 b.) Trees,Coniferous $ 350.00 EA 5 $ 1,750.00 c.) Shrubs/Grasses, Bluemist Spirea $ 30.00 EA 10 $ 300.00 d.) Shrubs/Grasses, Goldfinger Potentilla $ 30.00 EA 8 $ 240.00 e.) Shrubs/Grasses, Fountain Grass Dwarf $ 20.00 EA 17 $ 340.00 f.) Shrubs/Grasses, Panchito Manzanita $ 20.00 EA 8 $ 160.00 g.) Wood Mulch on Fabric, 3 ft depth $ 1.25 SF 75 $ 94.00 h.) 3'x3'x3' Granite Boulder Brown $ 150.00 EA 8 $ 1,200.00 1, MISCELLANEOUS SUB-TOTAL $ 54,522.60 CONTINGENCIES: 10% $ 5,452.26 TOTAL COST**: $ 59,974.86 **Not including Engineering, Surveying fees 10 GRUMA SUBDIVISION JN 12148 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: Laurie E. Clark, P. E. DATE: 9/30/2014 FIRM: CLARK ENGINEERING LLC, 6821 Highway 78 W, Pueblo, CO 81005 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 contructed for the Subdivision by Chapter 4,Title XII of the Pueblo Muncipal Code and the standards and specifications approved by City Council,(ii)the quantities of construction elements shown hereon accurately depicts the quantities necessary to co ,;; ` )L' Required Public Improvements and(ii) the unit prices shown hereon are the most -- 441_i t prices provided by the City of Pueblo. �' 23022 'ro ssional Engineer � !���� Date 0E44, REVIEWED BY: Director of Public Works Date 1992318 AGREE 12/17/2014 10:05:33 AM Page: 11 of 11 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk/Recorder, Ill Ci;rk/RecOder, Pueblo °U4 ' E 'B m� CoA` 0L1, ' IIII DPW 101 May 2009 11 Reception 2008231 06/23/2015 10:49:32 AM QUIT CLAIM DEED THIS DEED, Made this day of Q , 2015, between Pueblo Urban Renewal Authority and City of Pueblo, a unicipal Corporation grantors, and City of Pueblo, a Municipal Corporation, grantee, WITNESSETH, That the grantor for and in consideration of the sum of One Dollar and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as: Parcel C, Gruma Subdivision TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Documentation Fee: None Consideration Less than $500.00 4\ '.. :0,; o City of Pueblo, a Municipal Corporation 4 , AN,.) ',. Ip rk_i i President of City Council • Via' s4.0, " Attest: \--Pys,... .. `,„7.70 ,/ City Clerk STATE OFCOL• '-ti• - _/ ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a V, day of , 2015, by Stephen G. Nawrocki, as President of the City Council and Gina Dutcher s City Clerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires i a • aD • 17 . LyCINDY J. CAPRITTA v"" O NOTARY PUBLIC STATE OF COLORADO Notarublic NOTARY ID 19934016940 COMMISSION EXPIRES DECEMBER 20,2017 J J 2008231 QUIT 06/23/2015 10:49:32 AM Page: 2 of 2 R 16.00 D 0.00 Tl 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 kiPAP ILS SIC LIQ',1%1 Elk 'Ai 11111 Pueblo ban Renewal A thority By: A . it/ . izabe Glad 7 Chair,-'rson Pueblo Ur N. y Renewal Authority STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this I IC day of 'Sone 2015, by E L.,1/4 GLa&i1C , as bturcson »F P sato u cn gene i..x,L A ri T PQ ti Witness my hand and official seal. My commission expires 3 VZ 3 ZOIG&. ,g„zieneto Notary Public CHRISTINE MCCARTHY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114013026 MY COMMISSION EXPIRES MARCH 23,2019 L Reception 2008230 06/23/2015 10:49:32 n QUIT CLAIM DEED THIS DEED, Made this d-o` day of L , 2015, between Pueblo Urban Renewal Authority and City of Puebl , a Municipal Corporation grantors, and Pueblo Urban Renewal Authority, grantee, WITNESSETH, That the grantor for and in consideration of the sum of One Dollar and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as: Lot 1, Gruma Subdivision TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Documentation Fee: None Consideration Less _.0.00 04'4A ' Loi City of P -• 007-* , Corporation v \\ /% 'ti - esident of City Council 4. I vial i..../...e,...C1-)\- °c' , a Attest: , City Clerk STATE OF COL b'' pig "-`' ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this as day of , 2015, by Stephen G. Nawrocki, as President of the City Council and Gina Dutcher as City Clerk of the City of Pueblo, a Municipal Corporation. 2008230 QUIT 06/23/2015 10:49:32 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III MIAOW elf `«ir114. r4r, I II Witness my hand and official seal. My commission expires la •as • 17 0_„„,f,t1t f‘,L, CINDY J. CAPRITTA (Votary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934016940 MY COMMISSION EXPIRES DECEMBER 20,2017 Pue• 0, Renews • •; y By: A z Li abet Glad Trr Chairp-'son Pue. o Ur•an .,enewal Authority STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this (C day of —SL%ne- 2015, by LO OnC1 as ChA. Cze'rSorl OF 4vel310 LIMO.n (Zen 'wcxL lc)tJ+hor'iTt1 Witness my hand and official seal. My commission expires 3-13—?O(CI • c_cii (16:) KC % CHRISTINE MCCARTHY Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20114013029 MY COMMISSION Banns 23.2019