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HomeMy WebLinkAbout08949Reception 2073127 06/14/2017 03:27:51 PM ORDINANCE NO. 8949 AN ORDINANCE APPROVING THE SOUTHERN COLORADO CLINIC SUBDIVISION, FILING NO. 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Southern Colorado Medical Clinic Subdivision, Filing No. 3, being a subdivision of land legally described as: A parcel of land in the NE '/. of Section 15, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering a line between the southwest corner of the NE 1/4 of Section 15, Township 20 South, Range 65 West of the 6th P.M. and the northeast corner of Lot 1, Block 1 in YMCA Community Campus, Filing No. 1, according to the recorded plat thereof as filed for record at Reception No. 1661970 in the Pueblo County records to bear N. 88°41'44" E. and all bearings contained herein being relative thereto. Commencing from the Center of Section 15, Township 20 South, Range 65 West, of the 6th P.M., said point also being on the south line of Lot 1, Block 2 in Park West Business Campus, Filing No. 4 according to the recorded plat thereof, filed for record on September 19, 2006 at Reception No. 1694052. Thence N. 88°41'44" E. along the said south line of Lot 1, Block 2 in Parkwest Business Campus, Filing No. 4, a distance of 322.33 feet to the Point of Beginning. Thence north along the east line of the aforementioned Parkwest Business Campus, Filing No. 4 the following eight (8) courses: 1) N. 01°34'49"W., a distance of 419.19 feet; (N. 01°35'35"W., a distance of 419.15 feet Platted) 2) S. 88°25'11"W., a distance of 162.50 feet; (S. 88°24'25"W., a distance of 163.00 feet Platted) 3) N. 01°34'49"W., a distance of 230.00 feet; (N. 01°35'35"W., a distance of 230.00 feet Platted) 4) S. 88°25'11"W., a distance of 96.22 feet; (S. 88°24'25"W., a distance of 96.72 feet Platted) 5) N. 01°34'45"W., a distance of 30.00 feet; (N. 01°35'35"W., a distance of 30.00 feet Platted) 6) N. 24°501 5"W., a distance of 91.87 feet; (N. 24°51'05"W., a distance of 91.87 feet Platted) 7) S. 88°25'15"W., a distance of 34.49 feet; (S. 88°24'25"W., a distance of 26.50 feet Platted) 8) N. 01°35'37"W., a distance of 517.24 (N. 01°36'22"W., a distance of 511.23 Platted) feet to the southerly right-of-way line of U.S Highway 50 as presently located; thence easterly along the aforementioned southerly right-of-way line of U.S. Highway 50 the following two (2) courses: • 1) N. 88°30'59" E., a distance of 356.03 feet; 2) S. 80°3924" E., a distance of 130.95 feet; thence S. 01°34'49" E. leaving the southerly right-of-way line of U.S. Highway 50, a distance of 326.23 feet; thence N. 88°2411" E., a distance of 140.00 feet; thence S. 01°34'49" E., a distance of 930.61 feet to a point on the northerly line of Lot 1, Block 1 in YMCA Community Campus, Filing No. 1, said point also being on the south line of the NE 1/4 of Section 15; thence S. 88°41'44"W. along said north line of Lot 1, Block 1, a distance of 295.01 feet to the Point of Beginning. Containing 12.998 acres more or less attached hereto, is hereby approved. SECTION 2. The acceptance of such dedicated streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights-of-way, utility and drainage easements, public sites, parks and open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this Ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision Ordinances and regulations. No person, firm, corporation or other entity shall have any private right of action, claim or demand against the City or its officers, employees or agents, for any injury, damage or liability arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision Ordinance and Regulations of the City, or the engineering, surveying, drainage improvement or other work or improvements required thereby. Nothing in this Ordinance or in the City's subdivision Ordinances and regulations shall create or be construed to create any claim, demand or liability against the City or its officers, employees or agents, or to waive any of the immunities, limitations on liability, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liability otherwise available to the City or its officers, employees or agents. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 5. The subdivision is approved with the following conditions: 1. The sanitary sewer easement through the YMCA must be signed and submitted to the Planning Department, to be completed before recording of the Subdivision. 2073127 ORD 06/14/2017 03:27:51 PM Page: 2iII lOrtz Clerk/Recorder: Pueblo County. Co 1111Will ht,i Iei'6 gFjl1VINA Prr'a 4Iii. i,h 111111 2. City must approve the 1041 permit before it gets finalized, to be completed before recording of the Subdivision. 3. Comply with the requirements contained in the memorandum from Joe Martellaro, dated 9/3/15, to be completed before recording of the Subdivision. SECTION 6. 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 conditions of Section 5 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 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 record ' the office of the Pueblo County Clerk and Recorder. off$ o. off \ INTRODUCED: NOVEMBER 23, 2015 a — w i s','' F, e BY: ...L: ER \\ 'j44 1). " •' NCIL PERS '' i,uo r-,y>-y -t l _'._s`L. 'tea • ` • ` Q APPROV- i " .. A PRESI, NT OF CITY COUNCIL oz ATTESTEg -- 4,e rr :_ ._ _41 _ 1..._• yTY CLERK PASSED AND APPROVED: December 14, 2015 2073127 ORD 06/14/2017 03:27:51 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/,ecor'e'i Pueblo County co ' I' ■III 4!111QIi+' h illi4, f1 i w i IN.NI I 'I+I h 'C YL ii 1111 III City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 23, 2015 TO: President Stephen 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 SOUTHERN COLORADO CLINIC SUBDIVISION, FILING NO. 1 SUBDIVISION PLAT SUMMARY: The applicant is requesting to subdivide approximately 13 acres, into three building sites and three non-buildable parcels reserved for future resubdivision and development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Applicant is proposing to subdivide the west side of the area that was annexed into the City of Pueblo in December 2014. The proposed subdivision will create three building lots and three non-buildable parcels reserved for future development. This Subdivision is part of the Southern Colorado Clinic Annexation and Southern Colorado Clinic Overall Development Plan. As required by the Annexation Agreement, the applicant will be dedicating, by separate document, two trail corridors. The Wild Horse Creek Arroyo trail easement and the Highway 50 trail easement must be dedicated and recorded prior to recording of the first subdivision in order to comply with the requirements in the Annexation Agreement. In addition, the applicant has designated an existing street on the east side of the Wild Horse Arroyo for the required sanitary sewer alignment and the utility corridor. Because the alignment is within an existing right-of-way, this fulfills the requirement for the dedication of the sanitary sewer and utility easements. This alignment is noted on the Overall Development Plan, and when this right-of-way is vacated, the applicant will be required to dedicate a sanitary sewer and utility easement. 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 October 14, 2015 Regular Meeting, voted 4-0 with Commissioners Latka, Eslinger, and Lucas absent, to recommend approval with the following conditions: 1. The sanitary sewer easement through the YMCA must be signed and submitted to the Planning Department, to be completed before recording of the Subdivision. 2. City must approve the 1041 permit before it gets finalized, to be completed before recording of the Subdivision. (K. Grisham, 7/27/15) 3. Comply with the requirements contained in the memorandum from Joe Martellaro, dated 9/3/15, to be completed before recording of the Subdivision. (J. Martellaro, 9/3/15) 4. Add the following plat note: Proposed 30 ft utility corridor within Harold Street shall be dedicated to the City of Pueblo as a 30 ft utility corridor easement with the vacation of Harold Street, to be completed before the application is scheduled for City Council. (M. Turner, 10/9/15) 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 develop the property. 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 October 14, 2015 Public Hearing Memorandum from the Department of Public Works Dated October 30, 2015. Planning and Zoning Commission Staff Report with Exhibits Reception 2073129 06/14/2017 03:27:51 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on I Z , Zoi`t- , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Southern Colorado Clinic P.C., a Colorado Professional 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 Southern Colorado Clinic, Filing No. 1 ("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: I. 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 I, 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 2073129 AGREE 06/14/2017 03:27:51 PM Page: 2 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co IIAlly',41114 I '& 11111 escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half(1/2) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid-block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 2 May 2009 2073129 AGREE 06/14/2017 03:27:51 PM Page: 3 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 11lrjlMIILVI4'Ti+il'RPC 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 (I) 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 1O1 3 May 2009 • 2073129 AGREE 06/14/2017 03:27:51 PM Page: 4 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 RIFJ':12111.410+LIC IMI01:11EliffTMiii iiih 111111 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 2073129 AGREE 06/14/2017 03:27:51 PM Page: 5 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII,11Pd, �'� �h�� ,4� ''�����J�P.�w E�� rh 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- 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 1W 5 May 2009 • Pagge126 ofGR126 R668.00 D 0.00 727:51 PM T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo'.ount'y, Co 11111�IP1 '1 I� y L'. . ��'D' � 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. Southern Colorado Clinic P.C., KATHY L KELLEY a Colorado - •fessional Corporation NOTARY PUBLIC Subdiv�'/ (SEAL)STATE OF COLORADOBy: '/� ?r est 1 .fit NOTARY ID 20004031946 MY COMMISSION EXPIRES OCTOBER 27,2020 By: `; L.t Nyla,(_ D Pv"e_t e Q The foregoing instrument was acknowledged before me on JL. rip ice, a,p) , , by �►'� r-a�Ma� Rt er.�.absr o� - .kv,.1 C't..,a�� C.�.�. ,�... , Subdivider. My commission expires:/l'd, a7, ja� darw- 44v.sr..o,00 _ Notary ' blic � 14. ` �'0,4#A CITY OF P _ _:, a v uniii., Corporation � 4 . , By. �= — �!*went of City Council • ATT T: i l o City .c: k AQax�/ STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this I y fh day of dt.i.►'u.., , A01-1 by S t-et h en Gd. tJ(a u:: cJt , as President of City Council, and 6u 4--01-1 e-T as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 mrAl 3xpires: D a NOTARY PUBLIC STATE OF COLORADO att. (�(, V14/2020 NOTAIS)ON EXEXPIRES002/14ID 20124008702Notary Public APPROVED AS TO FORM: ‘-'7.- 611\ AJ.� . 4<610 Vat.I-- 4 City Attorney 2073129 AGREE 06/14/2017 03:27:51 PM Page: 7 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder; Pueblo County; Co ii.1 W4h 11111 DPW 101 7 May 2009 2073129 AGREE 06/14/2017 03:27:51 PM Page: 8 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co 1111 E►liar,n��,��M 10,1�r kFlNINFrN�r, ,�h 111111 EXHIBIT A SOUTHERN COLORADO CLINIC, FILING NO. 1 LAND DESCRIPTION A parcel of land in the NE % of Section 15, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering a line between the southwest corner of the NE % of Section 15, Township 20 South, Range 65 West of the 6th P.M. and the northeast corner of Lot 1, Block 1 in YMCA Community Campus, Filing No. 1, according to the recorded plat thereof as filed for record at Reception No. 1661970 in the Pueblo County records to bear N. 88°41'44" E. and all bearings contained herein being relative thereto. Commencing from the Center of Section 15, Township 20 South, Range 65 West, of the 6th P.M., said point also being on the south line of Lot 1, Block 2 in Park West Business Campus, Filing No. 4 according to the recorded plat thereof, filed for record on September 19, 2006 at Reception No. 1694052. Thence N. 88°41'44" E. along the said south line of Lot 1, Block 2 in Parkwest Business Campus, Filing No. 4, a distance of 322.33 feet to the Point of Beginning. Thence north along the east line of the aforementioned Parkwest Business Campus, Filing No. 4 the following eight(8) courses: 1) N. 01°34'4T W., a distance of 419.19 feet; (N. 01°35'35"W., a distance of 419.15 feet Platted) 2) S. 88°25'11"W., a distance of 162.50 feet; (S. 88°2425"W., a distance of 163.00 feet Platted) 3) N. 01°34'4T W., a distance of 230.00 feet; (N. 01°35'35"W., a distance of 230.00 feet Platted) 4) S. 88°25'11"W., a distance of 96.22 feet; (S. 88°24'25"W., a distance of 96.72 feet Platted) 5) N. 01°34'45"W., a distance of 30.00 feet; (N. 01°35'35"W., a distance of 30.00 feet Platted) 6) N. 24°50'15"W., a distance of 91.87 feet; (N. 24°51'05"W., a distance of 91.87 feet Platted) 7) S. 88°25'15"W., a distance of 34.49 feet; (S. 88°24'25"W., a distance of 26.50 feet Platted) 8) N. 01°35'37"W., a distance of 517.24 (N. 01°36'22" W., a distance of 511.23 Platted) feet to the southerly right-of-way line of U.S Highway 50 as presently located; thence easterly along the aforementioned southerly right-of-way line of U.S. Highway 50 the following two (2)courses: 1) N. 88°30'59" E., a distance of 356.03 feet; 2) S. 80°39'24" E., a distance of 130.95 feet; thence S. 01°34'49" E. leaving the southerly right-of-way line of U.S. Highway 50, a distance of 326.23 feet; thence N. 88°24'11" E., a distance of 140.00 feet; thence S. 01°34'49" E., a distance of 930.61 feet to a point on the northerly line of Lot 1, Block 1 in YMCA Community Campus, Filing No. 1, said point also being on the south line of the NE 1/4 of Section 15; thence S. 88°41'44"W. along said north line of Lot 1, Block 1, a distance of 295.01 feet to the Point of Beginning. Containing 12.998 acres more or less 1 • 2073129 AGREE 06/14/2017 03:27:51 PM Page: 9 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 RIC/117N.Tritriyail:1471.411iil'iilfil liifilkii 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 .IN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARKER BOULEVARD(PHASE 1) STREETS 5.5"Asphalt over 11" Base Course 1845 SY @ $31.00 /SY = $57,200 Curb and Gutter 830 LF @ $12.00 /LF = $10,000 WATER 8" PVC Water Main 380 LF @ $47.50 /LF = $18,100 Service 2 EA © $600.00 /EA = $1,200 Fire Hydrant Ass'y 1 EA @ $3,250.00 /EA = $3,300 STREET LIGHTS 1 EA @ $1,450.00 /EA = $1,450 PAVEMENT MARKINGS Epoxy center line 415 LF @ $1.35 /LF = $600 SIGNAGE Barricades 1 EA @ $1,280.00 /EA = $1,300 TOTAL PHASE 1 $93,150 1 of 4 • 2073129 AGREE 06/14/2017 03:27:51 PM Page: 10 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co 1111 kir,i11 cwt IitiNGNIVfl!Aril IN,MIA' II SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 JN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 JN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARKER BOULEVARD (PHASE 2) STREETS 5.5" Asphalt over 11" Base Course 790 SY @ $31.00 /SY = $24,500 Curb and Gutter 356 LF @ $12.00 /LF = $4,300 WATER 8" PVC Water Main 360 LF @ $47.50 /LF = $17,100 Service 1 EA @ $600.00 /EA = $600 SANITARY SEWER: 8" PVC Sewer Main 460 LF @ $35.00 /LF = $16,100 Services 2 EA @ $1,200.00 /EA = $2,400 48" Manholes 2 EA @ $2,500.00 /EA = $5,000 PAVEMENT MARKINGS Epoxy center line 178 LF @ $1.35 /LF = $300 SIGNAGE Barricades 1 EA @ $1,280.00 /EA = $1,300 TOTAL PHASE 2 $71,600 2 of 4 • 2073129 AGREE 06/14/2017 03:27:51 PM • Page: 11 of 12 R 68.00 D 0.00 T 68.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 1711O1 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 JN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 JN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PARKER BOULEVARD(PHASE 3) STREETS 5.5" Asphalt over 11" Base Course 530 SY @ $31.00 /SY = $16,500 Curb and Gutter 240 LF @ $12.00 /LF = $2,900 WATER 8" PVC Water Main 120 LF @ $47.50 /LF = $5,700 PAVEMENT MARKINGS Epoxy center line 120 LF @ $1.35 /LF = $200 SIGNAGE Barricades 1 EA @ $1,280.00 /EA = $1,300 TOTAL PHASE 3 $26,600 3 of 4 2073129 AGREE 06/14/2017 03:27:51 PM Page: 12 of 12 R 68.00 D 0.00 1 68.00 Gilbert Ortiz Clerk!Recorder, Pueblo County. Co ■III MIR:1111111fitalillen RION P PilirPINArliti,i, 111111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: SOUTHERN COLORADO CLINIC, FILING NO. 1 JN 9904538 DEVELOPER: SOUTHERN COLORADO CLINIC P.C. ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. This is an estimate only. Actual construction costs may vary. PREPARED BY: M.CUPPY FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC. The undersigned hereby certifies that(i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. i . \- 1$ .<<•o ►► c.: �, i ;�40201 -(; i so 11% Girth" ►h°`Fss/...... �!..<,` s %, ONALE�'- /✓� {PE SEAL] Profes io Engineer Date REVIEWED BY: 41//4117 rector of Public Works` Date /7 4 of 4 Reception 2073130 06/14/2017 03:27:51 PM ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the Sunk 1; 2011. Subdivision Improvements Agreement for Southern Colorado Clinic, Filing No. 1 (herein the "Subdivision") and enforceable as provided in said Subdivision Improvements Agreement. I. 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 I 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 Culae 1'4 Zo1i- SOUTHERN COLORADO CLINIC P.C., a Colorado Professional Corporation Subdivider DPW 103 I/6/04 B «iii By �iJ_,r► . .AA VM b 4est6ert 47 "STATE OF COLORADO ) C0kNixote C tv010,0 ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 19 day of cP...67 , by —S,st4 3eAo„.ta.1 , 5,vto-: ot= Se aw , Subdivider. Cadet. Aoc� C L1u.�_ ?c.. Witness my hand and official seal. My commission expires:/A t):3 a -6 . — AL �h`"/ [ SEA •taryP/•li. 40N TARY PUBLICHY L KELLEY STATE OF COLORADO NOTARY ID 20004031946 MY COMMISSION EXPIRES OCTOBER 27,2020 CITY OF ' - ; •, a M icipal C• -.or. 10 ..0..10.'°'00,t 141%1111111111111011- 04 '�t President o e Council t7 k `,(14 t 40 ',e4,Witlai e 4. 2073130 AGREE 06/14/2017 03:27:51 PM Page: 20 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co ■III 1���1II I I',Ii�'iiit�,hi'Ii' 114'1.1lhi 5ilii;firl 1I0114, Ill II DPW 103 1/6/04 2073130 AGREE 06/14/2017 03:27:51 PM IC'Ian er t30rrtf z3C1 R k2Reoo d r0 Pu0eblo2 ou0nty, Co ■III frrjRilAill'l YKhM tF14111:GMtiii'iii, II 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: Lot 1, Block 2, (b) Phase II shall consist of the following lots within the Subdivision: Lot 1, Block 1, and Lot 2, Block 2, (c) Phase III shall consist of the following lots within the Subdivision: Future Development of Parcels A and B DPW 103 1/6/04