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HomeMy WebLinkAbout08716Reception 1974875 05/15/2014 01:44:20 PM ORDINANCE NO. 8716 AN ORDINANCE APPROVING THE REGENCY CREST SUBDIVISION, FILING NO. 9 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Regency Crest Subdivision, Filing No. 9, being a subdivision of land legally described as: A PORTION OF WEST ONE -HALF OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4 BEING MONUMENTED ON THE SOUTH END BY A NO. 6 REBAR WITH A 2 1/2" ALUMINUM CAP STAMPED "M2 SURVEYING PLS 34587" AND ON THE NORTH END BY AN ALUMINUM PIPE WITH A 3 1/4" ALUMINUM CAP STAMPED "PUEBLO COUNTY SURVEYOR PLS 16128" AND ASSUMED TO BEAR N04 °01'08 "E A DISTANCE OF 1,390.39 FEET. COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 11, REGENCY CREST SUBDIVISION FILING NO. 7 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1622913, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUYHERLY AND WESTERLY AND ON THE BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 7 THE FOLLOWING FOUR (4) COURSES: 1. S02 °36'31 "W A DISTANCE OF 519.38 FEET; 2. S09 °53'05 "E A DISTANCE OF 47.33 FEET; 3. S22 °22'20 "E A DISTANCE OF 159.54 FEET; 4. S73 °16'52 "W A DISTANCE OF 335.52 FEET; THENCE N14 °30'10 "W A DISTANCE OF 88.39 FEET; THENCE NO2 °36'31 "E A DISTANCE OF 97.40 FEET; THENCE N87 °23'29 "W A DISTANCE OF 5.00 FEET; THENCE NO2 °36'31 "E A DISTANCE OF 719.38 FEET; S87 °23'29 "E A DISTANCE OF 281.04 FEET TO A POINT ON THE WEST BOUNDARY OF REGENCY CREST SUBDIVISION FILING NO. 3 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1427367; THENCE S02 °26'20 "W AND 1974875 ORD 05/15/2014 01:44:20 PM Page: 20 R 21.00 D 0.00 T 21.00 Gilbert rt iz 3 Clerk /Recorder, Pueblo Count Co I I I M r k Nell 11 I L Mil 111 ON THE BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 3 A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, BLOCK 1, REGENCY CREST SUBDIVISION FILING NO. 7; THENCE N87 °23'29 "W AND ON THE NORTH LINE OF SAID LOT 1, BLOCK 1, REGENCY CREST SUBDIVISION FILING NO. 7 A DISTANCE OF 11.28 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 239,854 SQ. FEET, OR 5.506 ACRES. 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. 1974875 ORD 05/15/2014 01:44:20 PM Page 3 of 3 R 21.00 D 0.00 T 21.00 Gilbe O rtiz Clerk /Recorder, Pueblo County, Co SECTION 5. III id ICI:51 I�.�''IeraLI 1 1III This Ordinance shall be approved and effective upon final passage, provided, however, that (a) 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. INTRODUCED: MARCH 10, 2014 / <5 .0,L a. c // o BY: Ami Nawrocki S,./ q COUNCIL PERSON g } J �ocw r.ve t.wo� • ,,� APPROVED: �;� i' PRESIDENT OF CITY C Fr CIL ATTESTED BY: IT/ CLERK PASSED AND APPROVED: March 24, 2014 Background Paper for Proposed ORDINANCE DATE: MARCH 10, 2014 AGENDA ITEM # R-9 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT STEVEN MEIER, DIRECTOR TITLE AN ORDINANCE APPROVING THE REGENCY CREST SUBDIVISION, FILING NO. 9 SUBDIVISION PLAT ISSUE Should City Council approve the request to subdivide the 5.5-acre (241,582 square foot) property into twenty-five (25) lots? RECOMMENDATION The Planning and Zoning Commission, at their February 12, 2014 Regular Meeting, voted 5-0, with Commissioners Kaufman and Latka absent, to recommend approval with conditions. Subsequently, all conditions of approval have been complied with by the applicant. BACKGROUND The subject property is located south of St. Clair Avenue and to the west of Sage Street in the Domega Homes Neighborhood. The applicant is proposing to subdivide the area into twenty-five (25) single family residential homes. This portion of the property is part of the Regency Crest West Master Plan, which was approved by the Planning and Zoning Commission on January 12, 2005. The Master Plan, which provided for the coordinated development of the entire 122.75-acre property, designated approximately 85 acres of single-family residential development, seven acres of multi-family residential development, five acres of parkland, seven acres of arterial roadway rights-of-way, and 17 acres of private open space. The property is included in Neighborhood ‘G,’ which was intended for single family residential. FINANCIAL IMPACT The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this property will, like other developments, require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. Reception 1974877 05/15/2014 01:44:20 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on 'Z T f74 iL , Zc' P4- , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and The Proctor Family Partnership No. 2, LLLP, a Colorado Limited Liability Limited Partnership ( "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 Regency Crest Subdivision, Filing No. 9 ( "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 1974877 SUBD AG 05/15/2014 01:44:20 PM Page 20 of 1 3 — R 7 7 .00 Gilbert rti Clerk /Reco00 rder D 0., Pueb1o CCou n 1 ty, Co 1 11 1 1 i ' PA i r l I r IA OA Bill 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 1974877 SUBD_AG 05/15/2014 01:44:20 P11 Page: 3 of 13 R 71.00 D 0.00 T 71.00 Gilber Ortiz Clerk /Recorder, Pueblo County, Co III rffi ' i' aki'ia KI r� : 141 1111 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 1974877 SUBD_AG 05/15/2014 01:44:20 PM Page: 4 of 1 R 71.00 D 0.00 T 71 Gilbert O rtiz Clerk /Recorder, Pueblo County, Co FON gilegliiitliiii16414. 1111 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 lol 4 May 2009 1974877 SUBD_AG 05/15/2014 01:44:20 PM Page 5 13 R 71..00 T .00 Gilbert Ortiz Clerk /Recorder00 D 0 , Pueblo C o 71 unty, Co iti NI 111 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 1974877 SUBD_AG 05/15/2014 01:44:20 PM Page: 6 of 1 R 71. D 0.00 T 71.00 Gilbert O rtiz Clerk /Recorder, Pueblo C ounty, Co MINI 1111 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. The Proctor Family Partnership No. 2, LLLP, a Colorado Limited Liability Limited Partnership Subdivider (SEAL) By: (1 f By: . 42„/ The foregoing instrument was acknowledged before me on 3 ( iQO ILL , b The Proctor Family Partnership No. 2, LLLP, a Colorado Limited IA iIity Limited Partnership , Subdivider. My commission expires: - 1- - / A r CHRISTINE L. SMITH Nota ub c NOTARY PUBLIC STATE OF COLORADO ID NOTARY CITY OF PUEBLO, a Municipal Corporation . s;IY COMMISSION EXPIRES 05/1312018 By: COL/ / /L_J,.����� President of City CAW AT ST: City erk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me this 16`k day of G! / by 9luid /Y ,Du 9 77- , as President of-City Council, and J I jQ,r- as City Clerk of the City of Pueblo, Colorado. .... JEANETTE R. GONZALES • 1 NOTARY PUBLIC Witness my hand and official seal. STATE OF COLORADO DPW 101 6 NOTARY ID 20134018224 May 2009 MY COMMISSION EXPIRES MARCH 29, 2017 My commission expires: /4' ,hag / RC' 7 ,.. Ai / [ SEAL] ��- Notary Publ'. APPROVED AS TO FORM: ":"--60.41,Z,A.,9 .-. . K 7 6. 1./..a64,-- City Attorney 1974877 SUBD AG 05/15/2014 01:44:20 PM Page: 7 of 13 R 71.00 D 0.00 T 71.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 111 FRAM' liyiliViti hti 1/1d. rP' 1 Pc16113114 11111 DPW 101 7 May 2009 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" A PORTION OF WEST ONE -HALF OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: E Erg a 063.-•=7 BASIS OF BEARINGS: THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4 BEING MONUMENTED ON THE SOUTH END BY A NO. 6 '4mag REBAR WITH A 2 1/2" ALUMINUM CAP STAMPED "M2 SURVEYING PLS 34587" AND ON THE NORTH — ( c' END BY AN ALUMINUM PIPE WITH A 3 1/4" ALUMINUM CAP STAMPED "PUEBLO COUNTY SURVEYOR PLS 16128" AND ASSUMED TO BEAR °mom" N04°01'08 "E A DISTANCE OF 1,390.39 FEET. Nook Na COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 11, vuit � REGENCY CREST SUBDIVISION FILING NO. 7 AS RECORDED IN THE °'ate PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1622913, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUYHERLY AND WESTERLY AND ON THE BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 7 THE FOLLOWING FOUR (4) COURSES: 1. S02°36'31 "W A DISTANCE OF 519.38 FEET; 2. S09°53'05 "E A DISTANCE OF 47.33 FEET; 3. S22°22'20 "E A DISTANCE OF 159.54 FEET; 4. S73 °16'52 "W A DISTANCE OF 335.52 FEET; THENCE N14°30'10 "W A DISTANCE OF 88.39 FEET; THENCE NO2°36'31 "E A DISTANCE OF 97.40 FEET; THENCE N87 °23'29"W A DISTANCE OF 5.00 FEET; THENCE NO2°36'31 "E A DISTANCE OF 719.38 FEET; S87°23'29 "E A DISTANCE OF 281.04 FEET TO A POINT ON THE WEST BOUNDARY OF REGENCY CREST SUBDIVISION FILING NO. 3 AS RECORDED IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER 1427367; THENCE S02°26'20 "W AND ON THE BOUNDARY OF SAID REGENCY CREST SUBDIVISION FILING NO. 3 A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1, BLOCK 1, REGENCY CREST SUBDIVISION FILING NO. 7; THENCE N87°23'29 "W AND ON THE NORTH LINE OF SAID LOT 1, BLOCK 1, REGENCY CREST SUBDIVISION FILING NO. 7 A DISTANCE OF 11.28 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 239,854 SQ. FEET, OR 5.506 ACRES. Y . SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" PHASE 1 Subdivision Name: Regency Crest Subdivision, Filing No. 9 Developer: The Proctor Family Partnership No. 2, LLLP, A Colorado Limited Liability Limited Partnership Engineer: Quentin N. Armijo, P.E. St. Clair Avenue Unit Description Quantity Units Unit Cost Cost o. o. U .a Street Improvements m m � 1. Pavement* N 5" HMA on 9" ABC � St. Clair 1,250 SY $25.50 $31,864.80 ••'- Subtotal Pavement: $31,864.80 m m ) loam 2. Concrete NOS ®c. zam Curb & Gutter St. Clair Avenue 396 LF $12.00 $4,752.00 L man Square Pan Radius & 7" Reinforced concrete St. Clair Avenue 1,081 SF $4.00 $4,323.52 a°C A.D.A. Curb Ramps 1 ro� St. Clair Avenue 2,617 SF $4.00 $10,466.56 mm N Tactile Bands N 4 - Applecrest Drive 8 EA $350.00 $2,800.00 ° o Subtotal Street Improvements: $22,342.08 ti --d Sanitary Sewer o 8" Main Line St. Clair Avenue 192 LF $35.00 $6,725.60 48" Sanitary Manholes St. Clair Avenue 1 EA $2,500.00 $2,500.00 Subtotal Sanitary Sewer: $9,225.60 Water Distribution 12" Main line St. Clair Avenue 167 LF $47.50 $7,939.15 Subtotal Water Distribution: $7,939.15 Monument Boxes St. Clair Avenue 1 EA $655.00 $655.00 Subtotal Monuments Boxes: $655.00 Street Lights St. Clair Avenue 1 EA $1,450.00 $1,450.00 Subtotal Street Lights: $1,450.00 Street Name & Stop Signs 4 -Way intersection Aspencrest & St. Clair 1 $435.00 $435.00 Subtotal Street Signage: $435.00 Barricades 16' Barricade St. Clair Avenue 1 EA $940.00 $940.00 Subtotal Barricades: $940.00 Total Subdivision Improvements: $74,851.63 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" PHASE 1 Subdivision Name: Regency Crest Subdivision, Filing No. 9 Developer: The Proctor Family Partnership No. 2, LLLP, A Colorado Limited Liability Limited Partnership Engineer: Quentin N. Armijo, P.E. Aspencrest Drive a 0 Unit Description Quantity Units Unit Cost Cost m� Street Improvements N ; t 1. Pavement` yr o 4 "HMAon9 " ABC m Aspencrest Drive 1,198 SY $23.00 $27,550.98 vm 0 Subtotal Pavement: $27,550.98 a •e - 2. Concrete �m� Curb & Gutter �.- Aspencrest Drive 699 LF $12.00 $8,387.52 m � Subtotal Street Improvements: $8,387.52 0 Y L 0-.0 -Cm Sanitary Sewer m 8" Main Line $13,685.00 M` ` "a ` Aspencrest Drive 391 LF $35.00 N c~ •-• 48" Sanitary Manholes � . t M L Aspencrest Drive 1 EA $2,500.00 $2,500.00 03 er Service Line m to.., Aspencrest Drive 11 EA $1,200.00 $13,200.00 Subtotal Sanitary Sewer: $29,385.00 Water Distribution 8" Main line Aspencrest Drive 447 LF $47.50 $21,232.50 Fire Hydrant Assembly Aspencrest Drive 1 EA $3,250.00 $3,250.00 Service Line Aspencrest Drive 11 EA $600.00 $6,600.00 Subtotal Water Distribution: $31,082.50 Street Lights Aspencrest Drive 1 EA $1,450.00 $1,450.00 Subtotal Street Lights: $1,450.00 Barricades 16' Barricade Aspencrest Drive 1 EA $940.00 $940.00 Subtotal Barricades: $940.00 Total Subdivision Improvements: $98.796.00 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" PHASE 2 Subdivision Name: Regency Crest Subdivision, Filing No. 9 Developer: The Proctor Family Partnership No. 2, LLLP, A = Colorado Limited Liability Limited Partnership Engineer: Quentin N. Armijo, P.E. Aspencrest Drive Unit Description Quantity Units Unit Cost Cost E Street Improvements a m , 2 1. Pavement' N . ° W 4" HAM on9 "ABC "r Aspencrest Drive 814 SY $23.00 $18,711.04 41.- V o _.-01:-. Subtotal Pavement: $18,711.04 ; m ®� .m vm 2. Concrete Curb & Gutter N � "...19 ,1 ) Aspencrest Drive 454 LF $12.00 $5,445.60 �m o®s+ Subtotal Street Improvements: $5,445.60 in .. 0 o ce 1 Sanitary Sewer a , -a® 8" Main Line Aspencrest Drive 250 LF $35.00 $8,763.30 ,� N Service Line `'> ° Aspencrest Drive 8 EA $1,200.00 $9,600.00 ;° . Subtotal Sanitary Sewer: $18,363.30 03 .. m` Tr w Water Distribution m 8" Main line Aspencrest Drive 202 LF $47.50 $9,613.05 Fire Hydrant Assembly Aspencrest Drive 1 EA $3,250.00 $3,250.00 Service Line Aspencrest Drive 8 EA $600.00 $4,800.00 Subtotal Water Distribution: $17,663.05 Street Lights Aspencrest Drive 1 EA $1,450.00 $1,450.00 Subtotal Street Lights: $1,450.00 Street Name & Stop Signs T intersection Aspencrest & Hazlecrest 1 $325.00 $325.00 Subtotal Street Signage: $325.00 Total Subdivision Improvements: $61,957.99 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" PHASE 2 -- Subdivision Name: Regency Crest Subdivision, Filing No. 9 Developer: The Proctor Family Partnership No. 2, LLLP, A Colorado Limited Liability Limited Partnership Engineer: Quentin N. Armijo, P.E. Hazelcrest Drive Unit Description Quantity Units Unit Cost Cost v ° so - Street Improvements a _ 1. Pavement' m 4 "HMAon9 "ABC P.,-;'E' Hazelcrest Drive 972 SY $23.00 $22,346.31 4 0 Subtotal Pavement: $22,346.31 ,:.; ° a2 mm" 2. Concrete .ro Curb & Gutter ii°,:p. Hazelcrest Drive 521 LF $12.00 $6,248.28 mma= A.D.A. Curb Ramps 1 ter, o° Hazelcrest Drive 548 SF $4.00 $2,191.92 an r - Tactile Bands o:Y Applecrest Drive 2 EA $350.00 $700.00 m Subtotal Street Improvements: $9,140.20 ]t,_ N IA OMB=t 1 Sanitary Sewer No` 8" Main Line n - -za Hazelcrest Drive 221 LF $35.00 $7,739.90 v y a 48" Sanitary Manholes m a Hazelcrest Drive 3 EA $2,500.00 $7,500.00 Service Line Hazelcrest Drive 6 EA $1,200.00 $7,200.00 Subtotal Sanitary Sewer: $22,439.90 Water Distribution 6" Main line Hazelcrest Drive 242 LF $47.50 $11,502.60 Service Line Hazelcrest Drive 6 EA $600.00 $3,600.00 Subtotal Water Distribution: $15,102.60 Monument Boxes Hazelcrest Drive 3 EA $655.00 $1,965.00 Subtotal Monuments Boxes: $1,965.00 Street Lights Hazelcrest Drive 1 EA $1,450.00 $1,450.00 Subtotal Street Lights: $1,450.00 Barricades 16' Barricade Hazelcrest Drive 1 EA $940.00 $940.00 Subtotal Barricades: $940.00 Total Subdivision Improvements: $73,384.01 ), ti n S 1974877 SUBD AG 05/15/2014 01:44:20 PM Page :: 13 of 13 R 71 .00 D ` 0.00 T 71.00 I` Gilbert I1 Rf i Clerk/Recorder, fl LI + County, a ffl I II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: ENGINEER: Itemization of Required Public Improvements (Use Unit Prices Approved by Public Works in Preparation of Exhibit "B ") This is an estimate only. Actual construction costs may vary. PREPARED BY: FIRM: 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] :r ti Professional Engineer Date REVIEWED BY: Director of Public Works Date DPW 101 May 2009 13 Reception 1974878 05/15/2014 01:44:20 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Subdivision Improvements Agreement for Regency Crest Subdivision, Filing No. 9 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. 6. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be approved by the Director until (a) Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements, (b) Subdivider furnishes title information satisfactory to the City showing all persons and entities having a recorded interest in all lots within the Subdivision ( "Interested Parties "), and (c) all Interested Parties execute and acknowledge their consent to and approval of the modification to the phasing sequence in form and content approved by the City Attorney. 7. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado, as of ,l,, / 1 PR©ey 59/LvLY / /ee5IIIP RJO 2 Lc. L P Subdivider DPW 103 116104 1974878 ADD_AGR 05/15/2014 01:44:20 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Reco rder, Pue blo County Co III PE V,V' ' �' ' iDDil ' " A 1111 B y • �c ` ,th ° 1 By ,.6 , 7 . STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 02,.5 — day of i , 2 t / , by C; Prior, �Pney a / � r f��r - o p , Subdivider. -'he ' roc DT `am%lI /G? r7ne/'Shi p /1/4),,?, L 1,1- Witness my hand and official seal. My s ission expires: 5 - 63 CHRISTINE L. SMITH NOTARY PUBLIC STATE OF COLORADO ;'), _ I_.� _ �= '/ - � NOTARY ID 2 0064017875 stay ubl c [SEAL MY COMM ►SS ►ON EXPIRES 05/13/2018 CITY OF PUEBLO, a Municipal Corporation al� B y elai �- mil! 7 President of the Council DPW 103 1/6/04 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: Lots 5 -9 Block 2 Lots 1 -6 Block 3 (b) Phase II shall consist of the following lots within the Subdivision: Lots 1 -6 Block 1 Lots 1 -4 Block 2 Lots 7 -10 Block 3 DPW 103 1/6/04 Reception 1974879 05/15/2014 01:44:20 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PER LOT FEE) This Addendum shall be incorporated in and become a part of the Regency Crest Subdivision Filing No. 9 , Subdivision Improvements Agreement for the Regency Crest Subdivision Filing No. 9 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. Prior to the issuance of a building permit to build or construct any building or structure within the Subdivision, the sum of $ 2,200 shall be deposited (the "Deposit ") with the Director of Finance for the future completion of Bandera Corridor Improvements Project Area. per City of Pueblo specification ( "Improvement "). 2. The Deposit shall be held in an interest - bearing account identified as the interest bearing non - transactional account with Legacy Bank "Account "). The Deposit and interest thereon shall be expended solely for the completion of the Improvement within twelve (12) years of the date of the Deposit on a first in, first out basis, that is, the first Deposit in the Account paid shall be considered the first Deposit expended. If the improvements have not been installed within such twelve (12) year period, the twelve (12) year period shall be extended, if in the opinion of the City's Director of Public Works, it appears likely the improvements will be needed, provided that such twelve (12) year period may not be extended for more than twelve additional years. Deposits not so expended shall be refunded upon application to the record owner of the property for which the Deposit was made. Applications for refund shall be made in writing to the Director of Finance within six (6) months after the expiration of the twelve -year period following date of payment. Application shall be accompanied by a copy of the dated receipt issued for payment of the Deposit or other documents satisfactory to the Director of Finance that the fee was paid and date of payment, together with a copy of the deed to such property showing the applicant to be the current record owner of the property. 3. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This Addendum may be specifically enforced against the Subdivider and subsequent owners of lots within the Subdivision. Executed at Pueblo, Colorado as of ,00/4. 7'zf� /', oe rPe 1 ie;'s or`-/ ' o 1 z-zz A Subdivider By I � — _i A* Y Title: .i DPW 125 12/20/06 1974879 ADD_AGR 05/15/2014 01:44:20 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III P III STATE OF COLORADO ) COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this , ,(, day of r r' c , b y ( ., ?ry c- r as j./4)r) i 2 (-Vim r-. of T 'Pro C+ rl�mi � t r hi p `16 c l-j-L_`f' , a Subdivider. My commission expires: f r / 7 -a Pu lic CHRISTINE L. SMITH CITY OF PUEBLO, NOTARY PUBLIC ek ,, a Municipal corporation STATE OF COLORADO E, ` NOTARY ID 20064097875 `'A, (AA MY COMMISSION SXPIRE8 0611818018 ��, ` : �, / pow I _ # l4 1 -. / !A sident of the City Counci t ai: } DPW 125 12/20/06