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HomeMy WebLinkAbout08662Reception 2012471 08/06/2015 11:37:57 AM ORDINANCE NO. 8662 AN ORDINANCE APPROVING THE PUEBLO DEL SOL SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. 0 3E The final plat of the Pueblo DQI•Sol Subdivision, Filing No. 2, being a subdivision of land `- legally described as: m C a .n W0 r U A resubdivision of Block 5 and a portion of Block 4 in Pueblo Del Sol, Amended in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the west line Southwest 1/4 of Section 16, Township 21 South, NO 8 Range 65 West of the 6th P.M. to bear N.00025'00" E. and all bearings contained e o herein being relative thereto. m All of Lots 1 thru 19 in Block 4, and -Lots 1 thru 28 in Block 5, Pueblo Del Sol, U Amended according to the recorded plat thereof as filed for record at` Reception __0 No. 1647778 in the Pueblo County records N L j& Nam INCLUDING: vacated portions of Lomita Drive, Bandera Place, and Delicias Place Containing 12.91 acres, more or less attached hereto, is hereby approved. SECTION 2. The subdivision is approved on the condition that construction of the sidewalk and landscaping on the west side of Bandera Boulevard from the subdivision to Northern Avenue must be included in the Subdivision Improvement Agreement. 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 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 6. 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, (b) the condition of Section 2 has been agreed to in writing by the subdivision developer, and (c) 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. w ATTESTED BY: N? b c 0 "-CC.� " 4�// CITY CLERK INTRODUCED: October 15, 2013 BY: Ed Brown OUNCILP ON APPRO E PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: November 25, 2013 2012471 ORD 08/05/2015 11:37:57 AM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc III �IP�7 Ve�11`44�,k'�ti'e� �i'al� °�I'� tri 1 �ti�� I II Background Paper for Proposed ORDINANCE DATE: OCTOBER 15, 2013 AGENDA ITEM # R-2 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JEFF BAILEY, P.E., ACTING DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO DEL SOL SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the 12.91-acre (562,359 square foot) property into one (1) lot? RECOMMENDATION The Planning and Zoning Commission, at their August 14, 2013 Regular Meeting, voted 7-0 to recommend approval with the following condition: Construction of the sidewalk and landscaping on the west side of Bandera Boulevard from the subdivision to Northern Avenue must be included in the Subdivision Improvement Agreement. BACKGROUND The subject property is located at the northwest corner of Bandera Boulevard and Delicias Drive, adjacent to the rear of the Imperial Memorial Gardens Cemetery. The applicant is proposing to resubdivide the 12.91-acre parcel of land into one (1) lot, to facilitate the development of a church campus. Pueblo Del Sol was platted in June 1998 and amended in November 2005. At the time, the subdivision included 153 single family residential lots. The applicant is now requesting to merge 47 of those lots into one (1) lot to facilitate the construction of the church. The applicant is proposing to amend the original Subdivision Improvements Agreement (SIA) phasing plan, to allow the construction on the proposed lot prior to construction of the remainder of the residential lots. The requirements of the original SIA will still be in effect with this development. Also, as conditioned, the project will be required to construct the sidewalk and landscaping on the west side of Bandera Boulevard, from the southern edge of the subdivision to Northern Avenue. This sidewalk and landscaping will be an important access route connecting the project to the neighborhoods to the north and east. FINANCIAL IMPACT None. Reception 2012473 08/06/2015 11:37:57 AM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172,the undersigned hereby executes this Statement of Authority on behalf of FELLOWSHIP OF THE ROCKIES, INC. a, Colorado Non-Profit Corporation , an entity other than an individual, capable of holding title to real property (the"Entity"), and states as follows: The name of the Entity is FELLOWSHIP OF THE ROCKIES, INC., a Colorado Non-Profit Corporation (state type of entity and state,country,or other governmental authority under whose laws such entity is formed) The mailing address for the Entity is 3892 W. Northern Avenue, Pueblo CO.81005 The name or position of the person authorized to execute instruments conveying,encumbering, or other affecting title to real property on behalf of the Entity is: Thomas A.Atkinson,Administrative Pastor The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations,insert"None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters,leave this section blank) EXECUTED this /!s day of q u Signature: a Name(typed or printed): Th mas A.Atkinson Title(if any): Administrative Pastor STATE OF Colorado ) )ss. COUNTY OF Pueblo ) The foregoing instrument was acknowledged before me this /G-1--4 day of Tum £- , 2.0 r S by Thomas A.Atkinson,Administrative Pastor ,on behalf of FELLOWSHIP OF THE ROCKIES. INC. , a Colorado Non-Profit Corporation Witness my hand and official seal. My commission expires: 7/2-9/j7 [ SEAL] KERI'CARLENE KOCK Notary Public NOTARY PUBLIC STATE OF COLORADO DPW 116 NOTARY ID 20134047863 02/07/02 MY COMMISSION EXPIRES 07/29/2017 Reception 2012474 08/06/2015 11:37:57 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on waE I . . , 2,01 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Fellowship of the Rockies,Inc.,a Colorado Non-Profit Corporation ("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 Pueblo Del Sol, Filing No.2 ("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 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 2 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co inirdigarkilibt `710101:110119011111/1111 I it 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 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 3 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III r� ' W��6 �'f rlr '6+ �1oiai5 III I 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 2012474 SUB AG 08/06/2015 11:37:57 All Page: 4 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 'h MI 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 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 50 � R . D 0 T .00 Gilbert Ortofiz1 Clerkl76Record00 0 er, Pueblo C76ounty, Co Pllin1kihili P nFtiRL?a1IAiih IIII 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 2012474 SUB PG 08/06/2015 11:37:57 AM Page: 6 of 14 R 76.00 0 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Mr.0.11iiiikfi riirMiifillighi9V It WAlyi 11111 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. Fellowship of the Rockies,Inc.,a Colorado Non-Profit Corporation Subdiv' r (SEAL) By: ()`# *W-4-- ---Th By:Th as A.Atkinson,Administrative Pastor The foregoing instrument was acknowledged before me on 7-u,v L /6 -°-�' , Z.015 , by —I1i0,,i its g AT'gG-,So") , Subdivider. My commission expires: VA 01 ` , ' KERI KARLENE KOCK Notary Public NOTARY PUBLIC I STATE OF COLORADO NOTARY ID 20134047663 c. TY OF PU = unici o oration o i% MY COMMISSION EXPIRES 07/29/2017 /�4 � 6t:o. �o ' �� 7B '.. \�--��� � ' \��', '4. ', 0,/ ti President of City Council AT ST: r����/,f ter .l�� City rk ` ' ��..,..;. rrt ` \ V till ,e .\ o ��/ STATE OF COLORADO ) .,n�a ��s1,� ) ss. COUNTY OF PUEBLO ) The fore oing instrument was acknowledged before me this day of , 0201S- by ,, i- Ile, flaw!o&_1-4.) , as President f City Council, and ' ,v.a,J as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. CINDY J. CAPRITTA May 2009 DPW 101 6 NOTARY PUBLIC M STATE OF COLORADO NOTARY ID 199 16940 COMMISSION EXPIRES DECEMBER 20,2017 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 7 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IFE IFI °i 16111140 LIM 1414, 11111 NOTARYmencriviusimpentrAl COLORADO PUBLIC @c STATE of c �.oR [ S pigrIONYEXWRES iE34 SER 2017 Notary lic APPROVED AS TO FORM: City Attorney 7 DPW 101 7 May 2009 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 8 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co ��� Ir� ilEI�' �I�� h °�ti� 'i°14i�1` L�NY`F Irh III Exhibit A LAND DESCRIPTION A resubdivision of Block 5 and a portion of Block 4 in Pueblo Del Sol, Amended in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the west line Southwest 1/4 of Section 16, Township 21 South, Range 65 West of the 6th P.M. to bear N.00°25'00" E. and all bearings contained herein being relative thereto. All of Lots 1 thru 19 in Block 4, and Lots 1 thru 28 in Block 5, Pueblo Del Sol, Amended according to the recorded plat thereof as filed for record at Reception No. 1647778 in the Pueblo County records INCLUDING: vacated portions of Lomita Drive, Bandera Place, and Delecias Place Containing 12.91 acres, more or less 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 9 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 '� " �I' � b' :P�id�'�'�C � ' ti'h III • SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL,FILING NO. 2 JN 9603505 DEVELOPER: Fellowship of the Rockies ENGINEER: NOkkTHSTAR ENGINEERING AND SURVEYING,INC. BANDERA BOULEVARD STREETS 6"Asphalt over 7"Base Course 20986 SY @ $25.00 /SY = $524,700 Curb and Gutter 8400 LF @ $12.00 /LF = $100,800 ADA Ramp 6120 SF @ $4.00/SF $24,500 Square Pan Radius 8400 SF @ $5.00 /SF $42,000 Tactile bands 34 EA @ $350.00 /EA $11,900 Flowable Backfill 100 CY @ $75.00 /CY = $7,500 Sidewalks Adjacent to Parcels 2300 SF @ $3.00/SF = $6,900 Sidewalk from Pueblo Del Sol, 14000 SF @ $3.00 /SF = $42,000 Filing No. 2 Subdivision boundary to Northern Avenue on west side WATER 12"PVC Water Main 1900 LF @ $47.50/LF = $90,300 8"PVC Water Main 2400 LF @ $47.50/LF = $114,000 6"PVC Water Main 200 LF @ $47.50/LF = $9,500 Service 25 EA @ $900.00/EA = $22,500 Fire Hydrant Ass'y 7 EA © $3,250.00/EA = $22,800 SANITARY SEWER: 12"PVC Sewer Main 1100 LF @ $42.00/LF = $46,200 10"PVC Sewer Main 2100 LF @ $38.00/LF = $79,800 8"PVC Sewer Main 200 LF @ $35.00/LF = $7,000 Services 24 EA @ $1,200.00/EA = $28,800 48"Manholes 12 EA @ $2,500.00/EA = $30,000 STORM SEWER: 36"RCP 110 LF @ $71.00/LF = $7,900 30"RCP 550 LF @ $66.00 /LF = $36,300 24"RCP 710 LF @ $44.00/LF = $31,300 18"RCP 700 LF @ $41.00/LF = $28,700 15"RCP 160 LF @ $38.00 /LF = $6,100 54"Class 3 RCP 40 LF @ $162.00 /LF = $6,500 43"x68" Eliptical RCP 100 LF @ $189.00 /LF = $18,900 36"Class 3 RCP 220 LF @ $72.00/LF = $15,900 Type I-B Manhole 7 EA © $2,465.00 /EA = $17,300 Type III Manhole 2 EA @ $4,000.00 /EA = $8,000 Type S inlet L=4' 2 EA @ $2,740.00 /EA = $5,500 Type S inlet L=6' 1 EA @ $3,180.00/EA = $3,200 Type S inlet L=10' 1 EA @ $4,060.00 /EA = $4,100 R-3382 Inlet Grate 1 EA @ $3,000.00 /EA = $3,000 9 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 10 of 14 R 76.00 D 0.00 T 76.00 Giliibiert Ortiz Clerk/Recorder, Pueblo County, Co FI uI ANIw1?, iii 1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, FILING NO.2 )N 9603505 DEVELOPER: Fellowship of the Rockies ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. BANDERA BOULEVARD(CONT.1 STREET LIGHTS 11 EA @ $1,450.00/EA = $15,950 MONUMENTS City Right-of-Way Monuments 20 EA @ $655.00/EA = $13,100 SIGNAGE T-Intersection(60'R-O-W) 7 EA @ $325.00/EA = $2,300 Barricades 1 EA @ $1,280.00/EA = $1,300 Landscaping 73100 SF @ $3.50 /EA = $255,900 Landscape design (10%of landscape cost) $25,590 SUBTOTAL $1,718,040 PELICIAS DRIVE STREETS 4"Asphalt over 8"Base Course 3000 SY @ $21.50 /SY = $64,500 Curb and Gutter 1600 LF @ $12.00/LF = $19,200 ADA Ramp 360 SF @ $4.00 /SF $1,500 Square Pan Radius 1200 SF @ $5.00 /SF $6,000 Tactile bands 2 EA @ $350.00 /EA $700 WATER 12"PVC Water Main 1100 LF @ $47.50 /LF = $52,300 8"PVC Water Main 820 LF @ $47.50/LF = $39,000 Service 8 EA @ $600.00 /EA = $4,800 Fire Hydrant Ass'y 1 EA @ $3,250.00 /EA = $3,300 SANITARY SEWER: 8"PVC Sewer Main 820 LF @ $35.00 /LF = $28,700 Services 8 EA @ $1,200.00/EA = $9,600 48"Manholes 2 EA @ $2,500.00 /EA = $5,000 STORM SEWER: 30" RCP 130 LF @ $66.00 /LF = $8,600 18" RCP 820 LF @ $41.00 /LF = $33,700 15"RCP 40 LF @ $38.00 /LF = $1,600 Type I-B Manhole 4 EA @ $2,465.00 /EA = $9,900 Type S inlet L=6' 1 EA @ $3,180.00 /EA = $3,200 Type S inlet L=10' 1 EA @ $4,060.00 /EA = $4,100 Type S inlet L=15' 2 EA @ $5,160.00 /EA = $10,400 STREET LIGHTS 2 EA @ $1,450.00 /EA = $2,900 MONUMENTS City Right-of-Way Monuments 3 EA @ $655.00 /EA = $2,000 SIGNAGE T-Intersection(60'R-O-W) 1 EA @ $325.00 /EA = $400 Barricades 1 EA @ $1,280.00/EA = $1,300 SUBTOTAL $312,700 10 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 11 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co HOMgt I 11':G YAR/P in 'h 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL,FILING NO. 2 JN 9603505 DEVELOPER: Fellowship of the Rockies ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING,INC. STATE HIGHWAY NO.78 STREETS 6"Full Depth Asphalt 2800 SY @ $23.50 /SY = $65,800 6"Asphalt on 7"Base Course 1200 SY @ $25.00 /SY = $30,000 2"Overlay 840 TON @ $75.00/TN = $63,000 Curb and Gutter 250 LF @ $12.00 /LF = $3,000 Sidewalks 450 SF @ $3.00 /SF $1,400 ADA Ramp 360 SF @ $4.00/SF $1,500 24"CMP 120 LF @ $44.00/LF = $5,300 Rip-Rap 5 CY @ $55.00 CY = $300 Tactile bands 2 EA @ $350.00/EA $700 Traffic Control 1 LS @ $8,000.00 /LS $8,000 Stripping 1 LS @ $10,000.00 /LS $10,000 Stripping(Removal) 1 LS @ $10,000.00 /LS $10,000 Traffic Signs 6 EA @ $500.00 /EA $3,000 Traffic Signs(Remove/Relocate) 2 EA @ $300.00 /EA $600 Grading Earthwork 2000 CY @ $3.00 CY = $6,000 WATER 12"PVC Water Main 630 LF @ $47.50/LF = $30,000 SANITARY SEWER: 15"PVC Sewer Main 2500 LF @ $35.00/LF = $87,500 48"Manholes 7 EA @ $2,500.00/EA = $17,500 SUBTOTAL $343,600 11 20812474 SUB AG 08/06/2015 11:37:57 AM Gilbert 1Or�t Clerk/Recorder, Pu boo C unnty00 Co III rear Nile r ld&lir 1111 � tib, III I SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, FILING NO.2 JN 9603505 DEVELOPER: Fellowship of the Rockies ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. MISC.IMPROVEMENTS DETENTION POND NO. 1 Grading 5000 CY @ $2.20 CY = $11,000 Rip-Rap 14 CY @ $55.00 CY = $800 Revegetation 0.8 AC @ $13,150.00 AC = $10,600 Outlet Structure 1 EA @ $3,300.00/EA = $3,300 DETENTION POND NO. 2 Grading 4000 CY @ $2.20 CY = $8,800 Rip-Rap 12 CY @ $55.00 CY = $700 Revegetation 0.54 AC @ $13,150.00 AC = $7,200 Outlet Structure 1 EA @ $3,300.00 /EA = $3,300 SUBTOTAL $45,700 12 208g12474 SUB AG 08/06/2015 11:37:57 AM .00 Gilbertl3 Ortiz C erk//Re o der, Puebof T4 R 76.00 lo Cou6ntyy, Co 'g 1514114 /1113441 1N Wit 1111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: PUEBLO DEL SOL, FILING NO. 2 ]N 9603505 DEVELOPER: Fellowship of the Rockies ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $2,420,040 This is an estimate only. Actual construction costs may vary. PREPARED BY: M.CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING,INC. The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision 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 of Pueblo. i �1 i :� 0201 "<: la 1 e- S / 11 /e°.. ... �G�j {PE SEAL] Professional Engineer Date REVIEWED BY: '7/a.°/`5' Director of Public Works Date 13 2012474 SUB AG 08/06/2015 11:37:57 AM Page: 14 of 14 R 76.00 D 0.00 T 76.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III EHIMINEE I N'bii1/211/JARIN«AMa rh 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"C" COLORADO STATE HIGHWAY NO. 78 TRAFFIC SIGNALIZATION Per letter dated February 27, 1997 from the State of Colorado, Department of Transportation,the Subdivider will be responsible for a proportionate share of the estimated costs, outlined as follows: The developer will be required to escrow with or provide a letter of credit, in the amount of 20%of$150,000 or$30,000, to the City of Pueblo for the future installation of a traffic signal at Northern Avenue (SH78) & Bandera Blvd at the time the 70th lot is developed. The escrow or letter of credit shall be for a period of 7 years. If the traffic signal is not installed by the end of the escrow time period, the escrow shall be returned to the developer. Reception 2012475 08/06/2015 11:37:57 AM ADDENDUMTO SUBDIVISION IMPROVEMENT AGREEMENT THIS ADDENDUM entered into by and between the City of Pueblo, a municipal corporation, acting by and through its Director of Public Works ("City") and FELLOWSHIP OF THE ROCKIES, INC., A COLORADO NON-PROFIT CORPORATION("Subdivider"). WHEREAS, Subdivider and City entered into a Subdivision Improvements Agreement ("Subdivision Improvements Agreement") and related Addenda thereto for Pueblo Del Sol, Filing No. 2 ("Subdivision"),which will create a single subdivided lot("Lot"); and a T-tam efin- WHEREAS, Subdivider is a Colorado non profit entity, which can qualify for exemption ;28 from real property taxation: Ie• ;__ NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained Nma 1om herein, City and Subdivider agree as follows: m t • !o 1. Upon the approval of exemption from real property tax for the Lot there will be paid, ; a m annually, by Fellowship of the Rockies, or any successor non profit which continues to have an oN N 1 exemption from real property tax and owns the Lot, the sum of One Thousand Dollars a 4,E,:262 ($1,000.00) per assessed mill of real property tax by the Pueblo County Assessor for the Bandera Special Improvements Maintenance District. This amount will be paid to the City's Director of Finance for the Bandera Special Improvements Maintenance District Account. N a 2. Should the tax exemption from real property tax for the Lot not be approved or, if approved, be subsequently withdrawn so that the Lot is subject to the normal real property tax, the payment for the Bandera Special Improvements Maintenance District, provided for in this Addendum, shall no longer apply. 3. The Subdivision Improvements Agreement, including Addenda and Exhibits thereto, as amended and modified by this Addendum shall remain in full force and effect and the covenants of the Subdivision Improvements Agreement and this Addendum shall run with the land in the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider, and their respective heirs,personal representatives, successors and assigns. Executed at Pueblo, Colorado as of S vE l , Z o is 2012475 ADD AGR 08/06/2015 11:37:57 AM Page: 2 of 2- R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 111 1 R 1 °i ' 6 r ti Y' ' ' I III CITY OF PUEBLO, a Municipal Corporation By % , 0• Direct. of Public Works STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the day of I}t(O, 20.11 by b.ilk fSb 1 , Director of Public Works. ' BELINDA KIMBALL NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO NOTARY ID 20094005563 Ulikkgt#(1MyMMISSION EXPIRES FEF 23'2017 commission expires: ktUA _... Notary Public a`a6\CI SUBDIVIDER: FELLOWSHIP OF THE ROCKIES, INC. a Colorado Non-Profit Corporation, By i44A/Nd"'. Th as A. Atkinson, Administrative Pastor STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the /4 day of ,20/ 5 by .l"A0ni4 A ,474 .so. I , Witness my hand and official seal. My commission expires: G Notary Public '74 9 // KERI KARLENE KOCK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134047663 MY COMMISSION EXPIRES 07/29/2017