HomeMy WebLinkAbout08679Reception: 2026914
01/22/2016
ORDINANCE NO. 8679
AN ORDINANCE APPROVING THE MILLIGAN
SUBDIVISION PLAT
=
o
U
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
a@
NN0
SECTION 1.
-r
The final plat of the Milligan Subdivision, being a subdivision of land legally
o
described as:
-
mm
A portion of the S Y2 of the NE % of the NE % of Section 27, T. 20 S., R.
No pp
\ N
N.w -
NN!
65 W., of the 6th P.M., and being more particularly described as follows:
0
Beginning at a point.on the East line of said Section 27; said point being
O'L
210.00 feet South of the Northeast corner of the said S Y2 of the NE °/4
CD w FEE
thence Westerly and at right angles to the East line of said NE %, a
distance of 130 feet; thence Northerly and parallel to the East line of said
Na
NE Y4, a distance of 44 feet; thence Easterly, a distance of 130 feet to the
East line of said NE %; thence South along the East line of said NE %, a
distance of 44 feet to the point of beginning,
I
Beginning at a point on the East line of said Section 27, said point being
210 feet South of the Northeast corner of the said S Y2 of the NE '/ of the
NE %; thence Westerly and at right angles to the East line of said NE %, a
distance of 130 feet; thence Southerly and parallel to the East line of said
NE %, a distance of 50 feet; thence Easterly, a distance of 130 feet to the
East line of said NE %; thence North along the East line of said NE %, a
distance of 50 feet to the Point of Beginning,
County of Pueblo, State of Colorado
Said Parcel contains 0.28 acres more or less.
attached hereto, is hereby approved.
SECTION 2.
The subdivision is approved with the following conditions:
1. Cash in lieu of park land dedication will be required as part of this subdivision.
2. Water line stub -ins will need to be provided to each of the proposed two lots.
3. A profile of the new sanitary sewer main is required before construction.
All conditions of approval must be completed prior to recording of the Plat.
SECTION 3.
The acceptance of such dedicated streets, rights-of-way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights-of-way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 4.
Neither the adoption of this Ordinance nor the requirements imposed hereby
shall create any duty or obligation of any person, firm, corporation or other entity with
regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
Ordinance or in the City's subdivision Ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
SECTION 5.
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.
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 conditions of Section 2 have 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
1
U
KsC:
OL •:)
'0
V
NF o
m 3
mm
L
Nmp
01
NSW;NN!
m {a
U
om N
0 0
rN
cow"
NW
B N..
NO.
' ,• n
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.
O Qa 81.0,GO`o
.gyp INTRODUCED: November 25, 2013
$ Ø/4 BY: . . . f fAvtillf
_- O °.PERSON
'
• A-
11111111111111 6A°/ APP' • r 9 -- — .
P------DENT OF CITY CO NCIL
ATTESTED BY:
TY CLERK
PASSED AND APPROVED: n,Pmher A, 2n1 l
2026914 ORD 01/22/2016 01:19:29 PM
Page: 3 of 3 R 21.00 D 0,.00 T 21.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
SII W11` ifillltitiK«AlkarilM MI III
Background Paper for Proposed
ORDINANCE
DATE: NOVEMBER 25, 2013 AGENDA ITEM # R-7
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JEFF BAILEY, P.E., ACTING DIRECTOR
TITLE
AN ORDINANCE APPROVING THE MILLIGAN SUBDIVISION PLAT
ISSUE
Should City Council approve the request to create a two-lot subdivision on .28 acres of
land to facilitate the construction of two single family homes?
RECOMMENDATION
The Planning and Zoning Commission, at their June 12, 2013 Regular Meeting, voted 4-
0 with Commissioners Burrer, Lucas, and Seybold absent, to recommend approval with
the following conditions:
1. Cash in lieu of park land dedication will be required as part of this subdivision.
2. Water line stub-ins will need to be provided to each of the proposed two lots.
3. A profile of the new sanitary sewer main is required before construction.
All conditions of approval must be completed prior to recording of the Plat.
BACKGROUND
thth
The subject property is unsubdivided land on Lambert Avenue between 19 and 20
Streets. The applicant is proposing to subdivide the .28 acre parcel of land into two (2)
lots, to facilitate construction of two single family homes.
FINANCIAL IMPACT
The approval of this subdivision plat will not have any immediate financial impact to the
City. However, build out of these lots will, like other developments, require a higher
level of City services (police, fire, etc.) than currently is provided.
Reception 2026916
01/22/2016 01:19:29 PM
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on Oe.To6ER 19 ,'ZOOS , between the
CITY OF PUEBLO, a Municipal Corporation ("City"), and
Michael G. M
("Subdivider").
RECITALS
WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land
iccated in the City and legally described in attached Exhibit "A"; and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
Mill€oan 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
2026916 SUBD_AG 01/22/2016 01:19:29 PM
Page: 2 of 8 R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc
11 IIIAINII h WRI NId A �I I'M 151 MY, Ii ��
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".
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 fess 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
May 2009
2026916 SUBD_AG 01/22/2016 01:19:29 PM
Page: 3 of 8 R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk/Recorder, Pueblo NIII IF
all,County, Co
� �� 6�' H RV 1111 , b 11111
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 X11 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.
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
May 2009
2026916 SUBD_AG 01/22/2016 01:19:29 PM
Page: 4 of 8 R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk/Recorder, Pueblo County Cc
Ill KIFI IVIII °I T 1114.1101NIP KKU1NIA 11111
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
2026916 SUBD_AG 01/22/2016 01:19:29 PM
Page: 5 of 8 R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc
®III Y&VnVA IW AVAU AN Ilk Vr W, 11111
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-
70)(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
May 2009
2026916 SUBD AG 01/22/2016 01:19:29 PM
Page: 6 of 8 -R 46.00 D 0.00 T 46.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Cc
III CIPP W R&Adl WTV& M1 1444, 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.
Michael G. Milligan
Subdivider,
(SEAL) By:ibill�6W
By:
The foregoing inst ment was acknowledged before me on
20 ( , by R_iq OW461 MWACAY Subdivider.
My commission expires____
ATAST:
City EFrk
�✓�.w y''t �t1�1 C
STATE OF )
S q nv<l� G) ss.
COUNTY OF X60 )
Notary Public
=ident
=City
rporation
il
rre
OFFICIAL. SEAL
Witness my hand and official seal. Ericson Martin
DPW 101 6 NOTARY PUBLIC
May 2009 STATE OF NEW M XICO
[Commission Explres O
4The foregoing instrument was acknowledged before me this 42nd of 2016
byG • Rilwr-duLv , as President of City Council, and r
as City Clerk of the City of Pueblo, Colorado.
Witness my hand and official seal.
My commission expires: I a/ 20 / 1-7
CINDY .8. CAPIR
{ SEA } NOTARY PUBLIC
STATE OF COLORADO
NOTARY i"34o16940
OYCOUMM RES oec m M?
APPROVED AS TO FORM:
City Attorney
Notaryublic
2026916 SUBD_RG 01/22/2016 01:19:29 PM
Page: 7 of 8 R 46.00 D 0.00 T 46.00
Gihbt�Ort� Cl�rklRecor i�,��1 �i4ounty, Co
iP r��jjl1�J i 44� ' 401, A,
20826916 SUBb_AG 01/22/2016 01:19:29 P11
Gilbert8Orotizo
$Clerk/Recorder, PuebT00 4 ounnty, Co
NIIINFAMMINIANKiW1WIT01Nl & 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Milligan Subdivision
DEVELOPER: Kchael 0, Mi ligan
ENGINEER: Gagliano Eng"necring, Inc.
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit "B")
155 Lf .A' SANITARY SEWER z $5,425.00
(2) EA, SAN, SEWER SERVICE LINES = $2,400,00
(2) 48" DIA. MANHOLES = $5,000.00
(2) WATER SERVICE LINES = $1,200.00
ASPHALT PATCHING +1-500 SY = $10,000.00
TOTAL = $24,025.00 x 120`Yo (ENGINEERING & CONTINGENCY) = $28,830.00
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Joseph V. ag1 ano, P.E
FIRM: Gatghano Engineering, Inc.
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and
the Plans and Specifications therefore constitute all of the public improvements required to be
installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal
Code and the standards and specifications approved by City Council, (ii) the quantities of
construction elements shown hereon accurately depicts the quantities necessary to construct the
Required Public Improvements and (ii) the unit prices shown hereon are the most current unit
prices provided by the City of Pueblo.
[P.E. SEAL]
REVIEWED BY:
DPW 101
May 2009
zzJ��/
S
Pro ssional Engineer Date
37210
Pif3 !�
ector of Public Works Date