HomeMy WebLinkAbout08866Reception 20144206 08/26/2015 09:43:36 AM ORDINANCE NO. 8866 AN ORDINANCE APPROVING THE VAUGHN'S SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: U SECTION 1. EG C a •'ilige The final plat of the Vaughn's Subdivision, Filing No. 2, being a subdivision of 0 land legally described as: -.02M GS -- LOTS 1, 2, 3 AND 4, VAUGHN'S SUBDIVISION, ACCORDING TO THE ®®off PLAT THEREOF RECORDED JUNE 2, 1995 IN BOOK 2807 AT PAGE Nm o) 616, WIDE NAY EXCEPT THAT PORTION OF LOT 1 TO CITY OF PUEBLO BY DEED 0cow N" RECORDED JULY 2, 2007 AS RECEPTION NO. 1732581, ID N'• OIn= CITY OF PUEBLO, PUEBLO COUNTY, COLORADO. Nam 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. 2014206 ORD 08/26/2015 09:43:36 AM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co SECTION 4. III RIPS l 1 .• I + h 4 1 i11i Milii, II 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 5. 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. oq9 , !4 ,s-'40.41. o to,\ INTRODUCED: APRIL 27, 2014 4tift0 'Y: Dennis Flores t c C• _ N''''ERS• • • 40 APPROVED: FIX e " PR i ' OF CITY COUNCIL ATTESTED BY: . ITY 'K PASSED AND APPROVED: May 11, 2015 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 27, 2015 TO: President Stephan G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE VAUGHN'S SUBDIVISION, FILING NO. 2 SUBDIVISION PLAT SUMMARY: The applicant is requesting to resubdivide and combine four parcels into a single 5.9- acre lot. PREVIOUS COUNCIL ACTION: The Vaugh’s Easement Vacation will be heard concurrently with this item. BACKGROUND: The subject property is located at the northwest corner of W. Pueblo Blvd and S. Prairie Avenue. The applicant is proposing to resubdivide the 5.9-acre parcel and combine it into one lot. The proposed subdivision will facilitate the construction of a new retail facility. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 8, 2015 Regular Meeting, voted 3- 1-0 with Commissioner Seybold dissenting and Commissioners Kaufman, Latka, and Lucas absent, to recommend approval with conditions. A minimum of four affirmative votes is required for a recommendation of approval to be provided to City Council; therefore, the Motion to recommend approval failed. The conditions of approval included in the staff recommendation to the Planning and Zoning Commission have been complied with by the applicant. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the current subdivision would remain and would impede the applicant’s ability to construct the buildings. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission April 8, 2015 Public Hearing Planning and Zoning Commission Staff Report with Exhibits Reception 20144205 08/26/2015 09:43:36 AM RELEASE WHEREAS, BENCOR/PRAIRIE INC., a Colorado corporation, called Subdivider, and Pueblo, a Municipal Corporation, entered into an agreement dated April 7, 1995 and recorded June 2, 1995, in Book 2807, Pages 602 to 613 of the Pueblo County Records affecting the real property in Pueblo County, Colorado, described in said Agreement, and WHEREAS, the Subdivider has fulfilled Subdivider's obligation under said Agreement as to the following described real property in Pueblo County, Colorado, to wit: NOW THEREFORE, for and in consideration of the premises and other good and valuable consideration, Pueblo, a Municipal Corporation, acting by and through its City Engineer, pursuant to Title 12-4-7 (J) (e) (iv) of the 1971 Code of Ordinances of the City of Pueblo, does hereby release any and all claims against or liens upon the following described real property which may or could arise or have arisen as the result of said Agreement. The real property in Pueblo County, Colorado, is described as: Lots 1, 2, 3, and 4, Vaughn's Subdivision, according to the plat thereof recorded June 2, 1995 in Book 2807 at Page 616, City of Pueblo, Pueblo County, Colorado. EXCEPT that portion of Lot 1 to City of Pueblo by Deed recorded July 2, 2007 as Reception No. 1732581, described as follows: BEGINNING at the Southwest corner of said Lot 1; thence North 0°20'56" West along the West line of said Lot 1 a distance of 41.06 feet; thence South 30°30'37" East a distance of 71.23 feet to a point on the South line of said Lot 1; thence North 60°30'37" West along the South line of said Lot 1 a distance of 41.26 feet to the POINT OF BEGINNING. PUEBLO, a Municipal Corporation By: b k _____ City Engineer STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The above and foregoing instrument was acknowledged before me this Play of t(i - , 2lcj by r Wilkins°✓1 , as City ngineer of Pueblo, A Municipal Corporation. -- Vlih ' LA Ili IAt( iUb Notary Public BELINbA KIMBALL NOTARY PUBLIC My commission expires: Vrdpru.Q,L.j .2-5 26f STATE OF COLORADO 1 NOTARY ID 20094005563 COMMISSION EXPIRES FEF.23,2017 Reception 20144207 08/26/2015 09:43:36 AM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172,the undersigned hereby executes this Statement of Authority on behalf of 76-efCOr Pr21r1-e act, a, CjlarKk0 Coroora.00(1 , 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 qt, _1 • 1. .4,6 • go • (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 AD S, excaAt kit I Su&14F) 330 Colo n > sOck O 3 The name orposition orthe person authorized to execute instruments conveying,encumbering, or other affecting title to real property on behalf of the Entity is:'f AM. ( I"r CSld l+ J The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: k one, (if no limitations,insert"None") Other matters concerning the manner in which the Entity deals with any interest in real property are: Kkotoei (if no other matters,leave this section blank) EXECUTED this i1 day of At..1 1- , • IS Signature: Name(typed or printed): P .C Title(if any):Pres STATE OF Ntoratko ) • ss. COUNTY OF E4L? o ) • The forsgping instrument wasacknowledged before me this 1- day of Alit }' , 2.1DIS byeA3a11111d1 T r n , on behalf off5tACo ` rte Si/14., a es4orarko ebrporekion Witness my hand and official seal. My commission expires: [ SEAL] ELIZABETH MURTEN Notary P lic NOTARY PUBLIC STATE OF COLORADO DPW 116 NOTARY ID 20024038415 02/07/02 MY COMMISSION EXPIRES NOVEMBER 26,2018 2014209 RAT_PL 08/26/2015 09:43:36 AM Page: 1 of 1 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Mill El rdPIM VA13114111 Oh 111614 11121PAMI 1111M1111 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded AL, 4. (!. ,Z9/S-, in Book A/,A- at Page /)/A , Reception No. 2 of '3 1 s , does hereby ratify and consent to the subdivision of the land platted as rjG:17 ./Ur.),-2, shown on the Subdivision Plat recorded by Receptoion No. 2 61 LI a 0 in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights-of-way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this l q day of A-v9;,,s ,20 rc UMB BANK N.A. By: Itid%r-16r Its: 1/1' Co vnrrte.c;,t ey,d,o5 ACKNOWLEDGEMENT STATE OF COLORADO ) ) S.S. COUNTY OF EL PASO ) The foregoing instru ent was acknowledged before me this I M'k day of jr1A5tAli, M15 by jht 12)17Mtil as V?Cvvnmetala( dkUMB Bank N.A. Li r izAW4 W _, ELIZABETH MURTEN Notary 'tic NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024038418 My commission expires: I I I Zip'2.01K MY COMMISSION EXPIRES NOVEMER 28,2018 2014210 RAT PL 08/26/2015 09:43:36 AM Page: 1 of R 13.00 D 0.00 T 11.00 Gilbert Ortiz C1-1erk/Recorder, Pueblo County, Co SDI kireiN17100104100i):011,11INIIIP,'.110 WA, ;h III RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded At U ,,,Sa 1II ,dos, in Book V/A-at Page /V f 4--, Reception No. 7-0 l31 c7 , does hereby ratify and consent to the subdivision of the land platted as (o,v),„r '-;A,A!vlsr,, . l ,'r, ..U.0 '2, shown on the Subdivision Plat recorded by Receptoion No. 0/1/.20 V in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights-of-way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this —day of - - 5 , 20/5C-- LTB, LLC an Illinois limited liability company By: , l -/✓l. Its: 42.4rv4,€r- ACKNOWLEDGEMENT STATE OF ILLINOIS ) ) S.S. COUNTY OF ) The foregoing instrument was acknowledged before me this eel-- day of A.tc U 51. ,.,- 6-by `r 9n j as Mij,2,ta rof LTB, LLC. gzota0616) iv:- / ArAPPWirr Notary Public OFFICIAL SEAL SAMUEL A ORTICELLI NOTARY PUBLIC-STATE OF ILLINOIS My commission expires: MY COMMISSION EXPIRES:08/27/16 • 2014211 SUBD_AG 08/26/2015 09:43:36 AM Page: 1 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co WARIG. 01® 1111114/001141III SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on A r jus#- 1 , 2015 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and BENCOR/PRAIRIE INC., a Colorado 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 Vaughn's Subdivision 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 2014211 SUBD_AG 08/26/2015 09:43:36 AM Page: 2 of 10 R 56.00 D 0.00 T 56.00 liii erOitiz Clerkl®ecor'er, lo unaFIEa : ' POita!ill 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 2014211 SUBD_AG 08/26/2015 09:43:36 AM in: 3 of 10 R 56.00 Dr 0.00 T 56.00 Gilbert Ortiz Clerk(Recarder, Pueblo County, Co �FAIVAJI WEM'h , ,` 1,4 r�� III 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 2014211 SUBD_AG 08/26/2015 09:43:36 AM Pagge: 40 of 10 R 56.00 Dr 0.00 T 56.00 Giibert Ortiz Clerk/Recorder, Pueblo County, Co 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 _ r • 2014211 SUBDAG 08/26/2015 09:43:36 AM Page: 5 of 10_ R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co kirallthiN1.4/11:111011111#/.11137.16Viiiii III 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 2014211 SUBD_AG 08/26/2015 09:43:36 AM Pa a::I 6 of 10 R 56.,0,0 0 0.�0�0 1 56.00 , GiI�1Tft0a' �C rk lift 11d810 Ci�uniy1'f.Co 11 Ed IIII 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. Subdivider BENCOR/PRAIRIE INC., a Colorado corporation ELIZABETH MURTEN (SEAL) NOTARY PUBLIC By: STATE OF COLORADO NOTARY ID 20024038415 MY OMISSION EXPIRES NOVEMBER 28,2018 By: The foregoing instrument was acknowledged before me on 2016 , by i- T •"A 14. • ' 1 o. ' +,��'r. ■ • I. Subdivider. My commission ex.fires: 1 I2(p�2Q�$r U�1 .44 ° P '� '`" Notar Public 1/4 41' v 4. 4,je ' ` CITY OF PUEB-LO Corporatio By 0111111.111111011 4A°r is ent of City Council AT ST: City erk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this c)544-1 day of RU9U54 , eQ0 16 by S4ew hen G G . a� roc , as President of City Council, andGina eras City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 '.. DA 1•• ��, ..... .Mimeo •�tXOTARy'. • R ,i _ expires. Da— ly- 2101b a Aniv,t4..e) • .......... -6k-UP‘CS-61- /ON EXPw- [ SEAL] Notary Public APPROVED AS TO FORM: City Attorney 2014211 SUBD AG 08/26/2015 09:43:36 AM Page: 7 of 10— R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III knrdrilfi�� 0 ' ,�b' I �a � 'h ' �4��� �� 11111 DPW 1017 May 2009 Exhibit A LEGAL DESCRIPTION: A PARCEL OF LAND SITUATED IN THE SW 1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH PRINCIPAL MERIDIAN., CITY AND COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 4, INCLUSIVE, VAUGHN'S SUBDIVISION AS RECORDED JUNE 6, 1995 AT RECEPTION NO. 1082173, PUEBLO COUNTY, COLORADO RECORDS. CONTAINING (265,363 SQUARE FEET) 6.0919 ACRES. Date Prepared:August 19, 2015 Date Of Last Revision: Prepared By: Brett L. Miller, PLS No.27609 For And On Behalf Of own" qi/ Engineering Service Company ���` Q.� RE 1300 South Potomac Street, Suite 126 X41°` j ;14.4•.•-� Aurora, Colorado 80012 z�er • dpi Phone:(303)337-1393 109 e 3 g. 4.2014 74AL tot, 2014211 SUBD_AG 08/26/2015 09:43:36 AM Pagge: 8 of 10 R 56.00 D 0.00 T 56.00 Gilbert Oitiz ClirklRi c��er�i ueb �County_' Co ••' '� 11111 III �R®�714� a I{��, �T9 r ° 2014211 SUBD_AG 08/26/2015 09:43:36 AM Page: 9 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Irdr,11 °I °�i��� PfG �;'lii 411II III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Vaughn's Subdivision Filing No. 2 DEVELOPER: Bencor\Prairie, Inc. ENGINEER: Galloway& Company, Inc. Itemization of Required Public Improvements Item Quantity Unit Cost Unit Cost Total Cost Prairie Avenue Curb ramps 2 EA 1,500.00 $ 3,000 Prairie Avenue Crosspan 20 SY 30.00 $ 600 Remove Pueblo Boulevard Striping 945 SF 0.75 $ 709 Pueblo Boulevard Striping 965 SF 5.00 $ 4,825 Pueblo Boulevard Curb and Gutter 380 LF 18.00 $ 6,840 Pueblo Boulevard Asphalt Patch 85 SY 30.00 $ 2,550 Pueblo Boulevard Sidewalk 255 SY 22.50 $ 5,738 Pueblo Boulevard Curb Ramps 4 EA 1,500.00 $ 6,000 Pueblo Boulevard Crosspan 50 SY 30.00 $ 1,500 Concrete Bus Pad Paving 70 SY 65.00 $ 4,550 Relocate Bus Bench 1 EA 250.00 $ 250 Signage 3 EA 250.00 $ 750 Remove Guardrail 125 LF 3.00 $ 375 Install Guardrail 125 LF 22.00 $ 2,750 Install Headwall 1 Lump Sum 30,000.00 $ 30,000 Water Main and Fittings 570 LF 50.00 $ 28,500 Asphalt Paving and Subbase 335 SY 30.00 $ 10,050 Demo of Existing Pavement 1 Lump Sum 5,000.00 $ 5,000 Relocate Overhead Electric 734 LF 25.00 $ 18,350 Total $ 132,336 This is an estimate only. Actual construction costs may vary. PREPARED BY: Adam Koester, P.E. FIRM: Galloway & Company, Inc 9 DPW 101 8 May 2009 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] Professional Engineer Date p0 Llc • N. Ko ;' 48516 : cr S19/ONA1- E c", REVIEWED BY: _ 55— Director of Public Works Date 2014211 SUBD AG 08/26/2015 09:43:36 AM Page: 10 of 1� R 56.00 0 0.00 T56 "Gilbert Ortiz Clerk/Recorder, Pueblo County, Co rrd RV NI ofoormaxiihrxiimmi6mi, IIll DPW 101 9 May 2009 2014212 ADD AGR 08/26/2015 09:43:36 AM Page: 10 of 4— R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iiiIMI77 MACH IIAPPAIMAVAikii11111 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated inand become a part of the ^ Subdivision Improvements Agreement, dated Prv3r,,54- , 2015 (herein the "Subdivision Improvements Agreement") for the Vaughn's Subdivision Filing No. 2 (herein the "Subdivision") and enforceable as provided in said Subdivision Improvements Agreement. # 1. The following is hereby added to the end of Section 1 of the Subdivision Improvement Agreement: "; provided, however, that so long as Subdivider is diligently pursuing to completion the construction and installation of the Required Public Improvements, Subdivider shall have an additional one hundred and eighty (180) days after the initial one hundred and eighty (180) day period to complete the construction and installation of the Required Public Improvements. #2. The following is hereby added to the end first sentence of Section 12 of the Subdivision Improvement Agreement: ", other than those listed on Exhibit"C" attached hereto (the "Permitted Exceptions")." #3. The following is hereby added to the after the words "free and clear" in the second sentence of Section 12 of the Subdivision Improvement Agreement: "other than the Permitted Exceptions as described in Exhibit "C" attached hereto" #4. Exhibit"C" attached hereto is hereby attached to and incorporated into the Subdivision Improvement Agreement as Exhibit"C". #5. All previous subdivision improvements agreements with respect to the Subdivision, including, without limitation, that certain Subdivision Improvements Agreement dated April 7, 1995, and recorded June 2, 1995, in Book 2807 in Pages 602 to 613 of the official records of Pueblo County, Colorado, are hereby terminated and released. #6. 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. (signature page follows) DPW 102 12/03/98 • Executed at Pueblo, Colorado as of the date and year stated above. SUBDIVIDER: CITY: BENCOR/PRAIRIE INC., PUEBLO, A M i IG.IPJ ORPORA ON a Colorado co 'oration Aleoppo • By: IA ,. B'e% _ .---- Name: •� ni . 1-�or-■.a 0�4. i O Title: ep1c1 + it � .\ v .!Y ,,,,,, A C vMv .\r„�lve:L...-.-; Ill ,#4,„ Iri"iimsciiiii 0 „4s .._�.---'-„�/ 2014212 ADD_AGR 08/26/2015 09:43:36 AM Page: 2 of 4 R 26.00 D 0.00 1 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Ir J iLi °IK IrfiII1I IAQ It:kilkOki 11 IN I DPW 102 12/03/98 2014212 ADD AGR 08/26/2015 09:43:36 AM Page: 30 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iiiFicirrahilWIlviliglarillidliiiNXINktilkii MI III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"C" 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under(a), (b) or(c) are shown by the Public Records or listed in Schedule B to the title commitment.\ 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments that are not delinquent. NOTE: Upon verification of payment of all prior years taxes, this exception relating to taxes on the policy (s) to be issued will be amended to read as follows: a. a. Taxes for the year 2015, and subsequent years; special assessments or charges not certified to the County Treasurer. 9. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. NOTE: Upon receipt by the Company of a final notarized Commercial Lien Affidavit(s), evidencing no existing leases or tenancies, this exception may be modified or deleted. 10. Easement recorded January 10, 1972 in Book 1707 at Page 911. 11. All matters disclosed on the plat recorded June 2, 1995 in Book 2807 at Page 616. DPW 102 12/03/98 r 2014212 ADD_AGR 08/26/2015 09:43:36 AM Gil ert4orrtiz4Clerk?Reoor Dr0 Pueb1lo2 0u0nty, Co 12. Subdivision Improvements Agreement recorded June 2, 1995 in Book 2807 at Page 602. NOTE: The above-referenced exception may be deleted, and will not appear on the final title policy(s)when issued,upon receipt by the Company of an acceptable and recordable document(s) which terminate and/or release the agreements and reservations contained therein. 13. Declaration of Covenants Concerning the Private Sanitary Sewer Easement for Vaughn's Subdivision recorded June 2, 1995 in Book 2807 at Page 614 as part of the Subdivision Improvements Agreement recorded in Book 2807 at Page 602. (applies to Parcel C) NOTE: This Declaration appears to have mistakenly been attached to and made a part of the Subdivision Improvements Agreement recorded in Book 2807 at Page 602, and may not survive any release of the above stated Subdivision Improvements Agreement. If not terminated, the parties must record this Declaration separately. NOTE: The above- referenced exception may be deleted, and will not appear on the final title policy(s) when issued, upon receipt by the Company of an acceptable and recordable document(s) which terminate and/or release the agreements and reservations contained therein. 14. Easement recorded February 4, 2008 as Reception No. 1757085. (Affects Lot 1) 15. Easement and Right of Way recorded November 13, 2009 as Reception No. 1824558 at Pages 10 & 11. (Affects Lot 1) 16. Easement recorded in Book 1704 at Page 472. (applies to Parcel B) 17. Right of Way Easement recorded February 2, 1976 in Book 1837 at Page 144. 18. Right of Way Easement recorded February 6, 1976 in Book 1837 at Page 684. 19. Right of Way Easement recorded March 5, 1976 in Book 1840 at Page 141. 20. The following matters disclosed on the ALTA/ACSM Land Title Survey prepared by Charles N. Beckstrom on behalf of Engineering Service Company, as Survey No. 14155- C, dated December 9, 2014, last revised July 13, 2015: a. Concrete drainage structure/pad extending into the neighboring property to the East from Parcel B, or extending from the neighboring property to the East into Parcel B b. Fence extending into the drainage detention easement from Parcel B c. Offset of fence along the East boundary line of Parcel B d. Telephone lines along the East boundary line of Parcel B 21. If the Subdivision Improvements Agreement is recorded after Subdivider acquires the property in the Subdivision, the property will also be subject to deeds of trusts or mortgages and related documents in favor of Subdivider's lenders. DPW 102 12/03/98