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HomeMy WebLinkAbout03819 ' 0e '466668 rEli 25 1974 BOOK 17 74PC2 6 Nb. RECOROth JON 14. GIGUERc, R+acardo. ODDINr:CE N3. 3819 A ARDINA OE A..r r I.T7 7:10 TEE FLAT OP CUTLCO SULDIVISION '' 0. 2 "E IT ORDAINED BY THE CITY COUNCIL Or PUEBLO, COLORADO, that: SE.CTIO'.Z 1. The final plat of Outlook Subdivision No. 2, being a subdivision of land described as follows: A portion of the Str1/4SE1/4 of Section 11 and the SW1/4TA4 of Section 12, Twp. 20 South, Range 65 West of the 6th Principal tcridian. Beginning at a point on the southeast corner of Section 11; thence N.89°-57°-00"W. , along the soutu line of Section 11, a distance of 356.07 feet to the southeast corner of "Outlook Subdivision, Filing No. 1", according to the recorded plat thereof, as filed for record November 30, 1973; thence along the easterly boundary of said "Outlook Subdivision No. 1", the following 4 (four) courses: 1. N.000-13'-50"W. , a distance of 30.00 feet; 2. thence N. 18°-06'-29"W. , a distance of 93.60 feet; 3. thence along an arc of a curve to the left, having a radius of 52.00 feet, whose radius bears bt.lUG-Ub'- 'J" . , a di:;tauce ul 4. thence N.00°-13'-50"11. , a distance of 337.53 feet to a point on the Northeast corner of said "Outlook Subdivision, Filing No. 1", said point being on the north right-of-way line of Pioneer Road; thence N.89°-46'-10"E. , a distance of 501.21 feet; thence S.00°-11'-05"E. , a distance of 550.67 feet to a point on the south line of Section 12; thence S.89°-54'-19"W. , along the south line of Section 12, a distance of 110.16 feet to the point of beginning, is hereby approved; and all streets, utility and drainage easements, rights- of-ways, and lands set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted as public streets, rights-of- ways, utility and drainage easements, and public sites, parks and open spaces. SECTION 2. The acceptance of the dedication of streets, rights-of-ways, and easement by the City does not obligate the City to maintain or repair same until eaid streets, rights-of-ways and easements have been constructed and installed in compliance and in accordance with the requirement and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended. , ,1 BOOK 1774 PACE 2,,7- • SECTION 3. This orda ossnCe shall. b .co:-ae effective itzediataly upcm final passage and approval. INTRODUCED January 2P , 1974 By PAT 'FL y Council-aa APPROVED Pat Kelly Vice =president of the Council ATTEST: Lucy J. Costa City Clerk I, Lucy J. Costa, City Clerk of the City of Pueblo, Colorado, do hereby certify that the above is a true and correct cony of Ordinance No. 3812 passed and annroved by the Council of Pueblo on February 11 , 1974 and that I am entrusted with the safekeeping of the original . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 14th day of February, 1974 . Ci -v Clerk 44 ( L) v V r * ,� Y 466667 3 BOOK 1774 PAGE 21 O. RECORr*i f FEB 25 1974 .*JON H. GIGUERE, Recorder AGREEMENT THIS AGREEMENT, made this 26 day of December , A. D. 19 73 by and between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as the City, and BULLEN LAND COMPANY, LTD. , hereinafter referred to as the Subdivider, WITNESSETH: WHEREAS, the Subdivider has subdivided or is about to subdivide the follow- ing described parcel of land lying and situate within the County of Pueblo and State of Colorado, to-wit : ( see attached copy) which land, when subdivided, will be known and described as Outlook (Addition-Subdivision) , 2nd Filing; and, WHEREAS, the Subdivider desires to install the improvements required by Title 12-4-7( J) of the 1971 Code of Ordinances of the City of Pueblo in accordance with Alternative 4 set forth therein; now, therefore, That in consideration of the keeping and performance of covenants of the Sub- divider as hereinafter set forth, the City hereby covenants and agrees: To release individual parcels of land from the terms of this Agreement from time to time as deposits are paid in accordance with the provisions of said Alter- native 4 of Title 12-4-7( J) of the 1971 Code of Ordinances of the City of Pueblo. In consideration of the keeping and performance of the covenants of the City hereinabove set forth, the Subdivider hereby covenants and agrees as follows: To install all improvements in the above described parcel of land or subdivi- sion as required by Title 12-4-7( J) of the 1971 Code of Ordinances of the City of Pueblo in the manner and upon the terms set forth in Alternative 4 thereof, to-wit: "( l )(e) ( i ) Alternative 4: Enter into an agreement with the City in writing to be recorded and to run with the land whereby within one hundred eighty ( 180) days after application for a building permit to construct any building or structure upon any building site within the subdivision, or upon the issuance of a certifi- cate of occupancy for any such building or structure, whichever is sooner, the Sub- divider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company in the State of Colorado subject to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by the Subdivider or subsequent owner shall have expired which deposit or escrow agreement shall be hereinafter referred to as the deposit. ( ii ) The amount of the deposit shall be computed as follows: The City Engi - neer shall estimate the total cost of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25 of such estimate, plus the estimated cost of extending all required sewer and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the cost of extending curb, gut- ter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature whichever is nearer to the proposed building site. In any case, where the block, as hereinafter defined, shall exceed one thousand ( 1 ,000) feet in length between intersecting streets, the estimate of the City Engineer under this section may be reduced to the total cost of all uncompleted improvements in at least one-half of such block, and the required deposit shall be based upon such • BOOK 1`7'74 PAGE 22 • decreased estimate, provided, however, the Subdivider shall undertake to provide a turn—around of at least sixty (60) feet diameter at the mid—block point and bar— ricade said street so that no through traffic shall be permitted beyond the point to which the City Engineer's estimate is based. ( iii.) 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 is sooner, the applicant shall likewise deposit an amount not less than the Engineer's estimate for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. ( iv) Upon payment of each such deposit, the City Engineer shall release the proposed building site from the terms of the Subdivider's agreement. ( iv-1 ) Failure to depcsit. In the event the Subdivider or any subsequent owner of the land shall fail to complete such improvements or make such deposit within the required time, no further building permits shall be issued to the Sub— divider or the subsequent owner or to any other person to build or construct any building or structure in such subdivision until such default is remedied. In addition thereto, 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 said subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time within two years after such default. Action upon such debt may be instituted by the City within one year from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one shall not prohibit the use of another. (v) The required time for completion of all suchimprovements by the Sub— divider within such block shall be one year from the date of application for the first building permit issued within such block. Upon completion of such improve— ments within the required time and the payment of all inspection costs by the Sub— divider, the Engineer shall cause all obligations of the Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Engineer may cause the proceeds of all deposits or cther collateral or monies in escrow to be used to complete the same. If insufficient monies be available at the end of the required time to com— plete all such improvements herein required for the entire length of such block, the Engineer shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance, who shall hold the same in a special fund to await the completion of all such improvements within said block. If said improvements are completed within ten years, the Director of Finance upon order of the Engineer shall refund said monies, without interest and less 10% of the principal of such fund for each full year which shall have expired since the creation of such fund which shall be forfeit. If such improvements shall not be completed within ten years from and after the date of the creation of such special fund, the entire sum shall be forfeit and free of all claims and de— mands of the Subdivider or subsequent owner. Such forfeited sums shall be trans— ferred by the Director of Finance to the surplus and deficiency fund created by Charter. (vi ) For the purpose of this alternative, the word "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 centerline of the alley, if there be an alley, and 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." — 2 — 8o0K17 / 4PAGES • In addition to the installation of all improvements re- quired by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider shall install in accordance with grades, plans and specifications to be approved by the Director of Public Works, the following additional improvements: grass be either seeding or sodding and a water sprinkler system adequate to properly water said grass within the entire Parcel"D" of said Outlook Subdivision Filing No. 2 designated on the plat of said sub- division as drainage easement" . Said additional improvements shall be included and incorporated as improvements described in said Chapter 4 and are made subject to the requirements and provisions of said Chapter 4 the same as if said additional improvements were specifically set forth and described herein. This agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, adminis- trators, executors and successors and legal representatives of the Subdivider, and shall be placed on record in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until re- leased as hereinabove set forth. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by its duly authorized and acting officers and the seal of the respective corporation set hereon. BULLEN LAND COMPANY, LTD. / General Partner/ STATE OF COLORADO ) SS COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of , 19/5 , by Joseph A. Bullen, Jr. , as General Partner of Bullen Land Company, Ltd. , . Subdivider. 1eee.eu;i - l 44,..z6„ ./09,IW 6 Notary : ' blic expires:N����o,�[ i •sion Oci- /977 v8LSC, BOOK 1774 PACE 24 CITY OF PUEBLO By )/7/61fe. ,)4--t:---` i 1 j Is.-4--es--A—''' /4"-ti"t President of the Ccunci1 ATT 14+� i' , ` ' qty Clerk APPROVED AS TO FORM: 111 City Atto ey /77 STATE OF COLORADO, l ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this � (` day/jof � i-d , A. D. I9 7� , by � �1 .� . AJ - V� --e� ' z. 15 E-- as President of the City Council, and •e.-c'd 7 , ,,e:7,4--z. as City Clerk of the City of Pueblo, Colorado. T: �AR1- •_ _ �/` rir--6 I-- :,� v - /Notary Public , :pJI . , � .-�( 7 ,'A4��cdmme�ssion expires: }� " / - 4 - 441111, *4111110# POK 17 `74 PAGE 2.5 A portion of . the SEhSEh of Section 11 and the SW1/4SW1/4 of Section 12, Twp. 20 South, Range 65 West of the 6th Principal Meridian. Beginning at a point on the southeast corner. of Section 11; thence N.89°-57' -00"W. , along the south line of Section 11, a distance of 375.91 feet to thl southeast corner of "Outlook Subdivision, Filing No. 1" , according to the recorded plat thereof, as filed for record November 30, 1973; thence along the easterly boundary of said "OUTLOOK SUBDIVISION, FILING NO. 1" , the following 4 (four) courses: 1. N.00°-13 ' -50"W. , a distance of 30.00 feet; 2. thence N. 18°-06' -29"W. , a distance of 93 .60 feet.; 3 . thence along an arc of a curve to the left, having a radius of 52 .00 feet, whose radius bears N. 18°-06' -29"W. , a distance of 115.16 feet; 4. thence N.00°-13 ' -50"W. , a distance of 337.53 feet to a point on the Northeast corner of said "OUTLOOK SUBDIVISION, FILING NO. 1) , said point also being on the north right-of-way line of Pioneer Road; thence N.89°-46 ' -10"E. , a distance of 501.21 feet; thence 5.00°-11 ' -05"E. , a distance of 550.69 feet to a point on the south line of Section 12 ; thence S.89°-55' -00"W. , along the south line of said Section 12, a distance of 110.16 feet to the point of beginning. Containing 6.28 Acres.