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Substituted Copy
March 11, 2019
ORDINANCE NO. 9433
AN ORDINANCE APPROVING THE UPLANDS
TOWNHOMES, FILING NO. 2 SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Uplands Townhomes, Filing No. 2, being a subdivision of land
legally described as:
A PARCEL OF LAND BEING A PORTION OF HOUSING SUBDIVISION
RECORDED ON MAY 24, 1952 IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION
NUMBER 913457 (BOOK 16, PAGE 3) AND A PORTION OF LOT 13,
BLOCK 23 OF UPLANDS PARK RECORDED ON FEBRUARY 19, 1886 IN
SAID RECORDS IN BOOK 2B AT PAGES 33-34; LOCATED IN THE
NORTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 21 SOUTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN; MORE
PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS
REFERENCED TO THE NORTH LINE OF SAID HOUSING SUBDIVISION,
MONUMENTED ON THE WEST END BY A FOUND 1-1/2" ALUMINUM
TAG STAMPED "MANGINI REEVES INC, PLS 22101"AND ON THE EAST
END BY A FOUND 1" YELLOW PLASTIC CAP STAMPED "CARDINAL,
PLS 22101" (A 1-FOOT WITNESS CORNER), AND IS ASSUMED TO
BEAR NORTH 88°5418" EAST 1253.48 FEET.
BEGINNING AT THE EAST END OF SAID NORTH LINE; SAID POINT
ALSO BEING THE NORTHEAST CORNER OF SAID HOUSING
SUBDIVISION AND ON THE WESTERLY RIGHT-OF-WAY LINE OF
ACERO AVENUE; THENCE SOUTH 01°05'33" EAST, ALONG THE EAST
LINE OF SAID HOUSING SUBDIVISION AND SAID WESTERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 362.61 FEET TO THE NORTHEAST
CORNER OF SAID LOT 13, BLOCK 23 OF UPLANDS PARK;
THENCE SOUTH 88°5314" WEST, ALONG THE NORTH LINE OF SAID
LOT 13, A DISTANCE OF 614.52 FEET TO A 63.17 FOOT RADIUS NON-
TANGENT CURVE WHOSE CENTER BEARS NORTH 12°42'08" WEST;
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 38°15'36", AN ARC DISTANCE OF 42.18 FEET;
THENCE SOUTH 44°56'06" WEST, A DISTANCE OF 91.85 FEET TO A
52.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS
NORTH 48°03'54" WEST;
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Gilbert Ortiz ClerklRecorder; Pueblo County, Co
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March 11, 2019
THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 85°59'09", AN ARC DISTANCE OF 78.04 FEET TO A 18.50
FOOT RADIUS REVERSE CURVE;
THENCE SOUTH 44°05'45" WEST, A DISTANCE OF 23.01 FEET;
THENCE NORTH 45°55'48" WEST, A DISTANCE OF 60.00 FEET;
THENCE NORTH 44°05'45" EAST, A DISTANCE OF 116.82 FEET TO A
72.76 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 27°5310" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 15°53'10", AN ARC DISTANCE OF 20.17 FEET;
THENCE NORTH 46°13'38" WEST, A DISTANCE OF 72.17 FEET;
THENCE NORTH 43°46'26" EAST, A DISTANCE OF 57.29 FEET;
THENCE SOUTH 46°13'38" EAST, A DISTANCE OF 64.92 FEET TO A
28.73 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 43°4627" EAST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 51°19'09", AN ARC DISTANCE OF 25.73 FEET TO A 184.06
FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS
NORTH 07°38'28" WEST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL
ANGLE OF 05°56'58", AN ARC DISTANCE OF 19.11 FEET;
THENCE NORTH 44°14'08" EAST, A DISTANCE OF 41.63 FEET;
THENCE NORTH 01°06'56" WEST, A DISTANCE OF 60.09 FEET;
THENCE NORTH 89°2628" EAST, A DISTANCE OF 32.02 FEET;
THENCE NORTH 01°05'42" WEST, A DISTANCE OF 178.95 FEET TO
THE PREVIOUSLY MENTIONED NORTH LINE OF HOUSING
SUBDIVISION;
THENCE NORTH 88°5418" EAST, ALONG SAID NORTH LINE, A
DISTANCE OF 641.61 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL DESCRIPTION CONTAINS A CALCULATED AREA
OF 261,544 SQUARE FEET OR (6.02718 ACRES), MORE OR LESS, AND
IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR
REFERENCE.
attached hereto, is hereby approved. All dedicated streets, utility and drainage
easements, rights-of-way and land set aside for public sites, parks and open spaces
shown and dedicated on said plat are hereby accepted for public use.
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Gilbert Ortiz Clerk/Recorder. Pueblo County. Co
SECTION 2. VIII 141�1��?tiuti'IVIVI& 11111
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 authorized and directed to perform any and
all acts consistent with the intent of the Ordinance to implement the policies and
procedures described herein.
SECTION 5.
The subdivision is approved with the following conditions that must be completed
prior to final approval pursuant to Section 12-4-5 (b)(2) of the Pueblo Municipal Code:
1. Provide an overhead electric exhibit showing the lines along Acero Avenue that
will be placed underground with this subdivision.
2. Include the cost of undergrounding the overhead electric lines along Acero Avenue
in Exhibit B of the Subdivision Improvements Agreement.
3. Utility Plan: Correct storm pipe size in Sprague. There is a discrepancy between
the size shown on the plan and the size listed in the drainage report.
4. Drainage Report:
a. Assure by calculations the streets and sewers in Sprague and Prairie have
the capacity to handle the additional flows that are proposed.
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Gilbert Ortiz Cl ark/Recorder Pueblo County Co fI Substituted CO
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March 11, 2019
b. Provide plan and profile drawing showing the proposed tie-in to the system
in Sprague.
c. State the existing and the proposed imperviousness of the entire site.
d. Include Sub-basin I within the Design Points 7 & 8 discussions.
e. Correct the description so it accurately reflects what is being proposed in
the "Proposed Drainage Conditions" section.
f. Table 5, Basin L is not being treated for water quality and shall be treated.
Additionally, Basin H that is not listed shall also be treated for water quality.
5. Pueblo Board of Water Works:
a. Do not connect to existing water line as shown on plans (intersection of
existing Crawford and Sitter). Extend 8" line to next phase and provide Cap
and Blow Off Assembly per Pueblo Water Details.
b. Locate all proposed Fire Hydrant Assemblies on the east side of proposed
private drives in ROW.
SECTION 6.
This Ordinance shall be approved upon final action by the Mayor and City Council
but shall not become effective until: (a) the specific conditions set forth in the above
section 5 have been satisfied; (b) all information, documents, drawings, profiles, and plat
required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying
with the subdivision requirements of the City with such modifications, if any, approved by
City Council, have been filed with and approved by the Director of Public Works, and (c)
the final subdivision plat is recorded in the office of the Pueblo County Clerk and
Recorder. If any such filings and approvals have been deferred pursuant to Section 12-
4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved
within one (1) year after final passage of this Ordinance, or within any extended period
granted by Resolution of the City Council, this Ordinance shall automatically be rescinded
and repealed thirty (30) days after written notice of such rescission and repeal is given to
the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this
Ordinance becomes effective.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on February 25, 2019.
Final adoption of Ordinance by City Council on , March 11 2019 .
Pr-sidellt of City Council
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Gilbert Ortiz Clerk/Recorder. Pueblo County, Co
111110f.t �Q� �:N4'i,I61tih'h��1���11,�Iu1JA�l����I�k �l�r�� 111 II I March I t, 2019
Action by the Mayor:
SApproved on//I /3 2 of 1 .
❑ Disapproved on based on the following objections:
24,d-41,-(1)4911-1-ewf'
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑Ordinance re-adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST 4$ °t°
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Acting City Clerk
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40
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
February 25, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE UPLANDS TOWNHOMES, FILING
NO. 2 SUBDIVISION PLAT
SUMMARY:
This Ordinance creates a subdivision of approximately six (6) acres into one (1) building
lot and two (2) non-buildable tracts generally located west of Acero Avenue, and
approximately 300 feet north of Sprague Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located west of Acero Avenue and on both sides of Crawford
Street. The applicant is requesting to plat the property into one (1) lot for the proposed
Uplands Townhomes Phase 2A development. This subdivision is necessary for the
development of the property for the Uplands Townhomes Project, which will provide an
additional fifty-one (51) dwelling units. These units will be used for a portion of the existing
tenants of the Sangre de Cristo Apartments to move into while vacating additional units,
thereby, allowing for additional phases of the development in the future.
With Uplands Townhomes Filing No. 1 Subdivision, the applicant entered into a Pursuant
to Agreement with the City of Pueblo allowing the applicant to defer undergrounding of
overhead electric line with Filing No. 2. The Agreement required the applicant to
underground all overhead electric lines from the Filing No. 1 Subdivision and any required
by Filing No. 2, with this subdivision. The cost to underground the lines must be included
in the Exhibit B of the Subdivision Improvements Agreement.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any financial impact to the City as the
site is currently developed with multi-family residential development. One of the main
goals of the redevelopment of this site is to feature a pedestrian-friendly environment
envisioned to decrease some of the social issues that exist today with the Sangre de
Cristo Apartments thereby reducing the level of City services (police, fire, etc.) required
throughout this development.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their January 9, 2019 Regular Meeting, voted
5-0 (Castellucci and San Filippo-Rosser absent) to recommend approval with the
following conditions (edited for readability):
Conditions of approval that must be complete prior to being scheduled for City
Council:
1. Comply with the redlined plans provided by Joe Martellaro, dated December 18,
2018.
2. Show drainage / detention / water quality easements and provide a dedication
statement for them.
3. Provide a certificate of mineral estates.
4. Maintain a minimum 60’ (foot) right-of-way at the throat of the round-about.
5. Provide the correct radius for a cul-de-sac at the new terminus of Crawford Street.
6. Correct the right-of-way area to the southwest of the round-about, along vacated
Crawford Street.
7. Comply with the memorandum from Sonia Mondragon, dated December 19, 2018,
condition number 1.
8. Comply with the memorandum from Debi Romines, dated December 18, 2018.
Conditions of approval 1 through 8 have been completed by the applicant.
Conditions of approval that must be complete prior to approval of Part II:
1. Provide an overhead electric exhibit showing the lines along Acero Avenue that
will be placed underground with this subdivision.
2. Include the cost of undergrounding the overhead electric lines along Acero Avenue
in Exhibit B of the Subdivision Improvements Agreement.
3. Comply with the memorandum from Sonia Mondragon, dated December 19, 2018,
condition number 2.
4. Comply with the memorandum from Melanie Turner, dated December 18, 2018,
conditions 2 through 14.
5. Comply with the letter from Steve Anselmo, dated December 17, 2018.
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 January 9, 2019
Public Hearing
Memorandum from the Department of Public Works Dated February
19, 2019
Planning and Zoning Commission Staff Report with Exhibits
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Gilbert Ortiz C1erklRecorder00 , Pueblo Co8unty, Co
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on July 22, 20195 between the CITY OF PUEBLO, a
Municipal Corporation ("City"), and
The Housing Authority of the City of Pueblo
("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 Uplands
Townhomes 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
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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.
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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
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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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
installed by Subdivider with respect to the Subdivision. However, it 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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
iIII Ririe WeilliGriall grilliFnligi1lAilli it 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. /
i
.4%.�h QiI 40/'
Subdivider
(SEAL) By: Barbara L. Bernard
By: Interim Executive Director
The foregoing instrument was acknowledged before me on December 2, 2019 ,
, by Barbara L. Bernard , Subdivider.
My commission expires: C 5/pxl2L, ,-, .! /L) --.—
Notary
/ '�a–Notary Public
CHERYL L.WILKERSON
NOTARY PUBLIC CITY OF PUEBLO, a Municipal Corporation
STATE OF COLORADO - /./.
NOTARY ID$19964004153
MY COMMISSION EXPIRES 03-08-2020 By: _ / i /
/� nV,I,A-.(,, r) PA AYc32
•J TEST;, _ / "-
City Clerk l i es =\ ,%//0 +�'r ' °
+n
STATE OF COLORADO ) ' , . '''' / .r
) ss. .r. �'....r- 1 ,4o)
COUNTY OF PUEBLO ) +^O .. ��-..- r, /
/;IIz
The foregoing instrument was acknowledged before me this - day of
-e- (-e /nb >✓ , 026,/6/ by A/t(f)t)/( .s 'fa�//<a...,__ , as
VI C)012 , and s nd /1 J vr, 6--- as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
DPW 101 6
May 2009
My commission expires: ( 7„;4.,,,,--26: 6�1
,f, _,..
TAMMY A MARTINEZ AA_ Al y //72Y)62--c ,<._/1___ .,.
NOTARY PUBLIC
[ SEAL ] I STATE OF COLORADO otary Public
NOTARY ID 20164028200
ifi `;=.-�N.EXPIES 07/26/2020
APPROVED AS TO
City Attorney /
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Gilbert Ortiz Clerk/Recorder, Pueblo County: Co
liiI rdiffirlini h 'ti Wiiii iKiraffillahly'iirliCi 16/44 /1111
DPW 101 7
May 2009
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT"B"
SUBDIVISION NAME: Uplands Townhomes Filing No. 2
DEVELOPER: Housing Authority of the City of Pueblo
ENGINEER: Matrix Design Group
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit "B")
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Colleen Monahan, P.E.
FIRM: Matrix Design Group
The undersigned hereby certifies that (1) the Required Public Improvements shown hereon and
the PIans 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]
(31tt . 4 7/23/19
Professional Engineer Date
• �ocypD0 LICEti
o SEN Mo, <
(Sy"\. -9 9y Q
1 ' 5 tr
„� 10 31/19
-IONA L EN'
REVIEWED BY: 12/03120t9
Director of Public Work Date
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
�I��
PAW 110,�l�' 110, Ill III
SUBDIVISION IMPROVEMENTS AGREEMENT
UPLANDS TOWNHOMES FILING NO.2
EXHIBIT B
DESIGN GROUP
A'. LMPtCCVCt OWNED COMPANY
Uplands Townhomes Phase 2A
Conceptual Opinion of Probable Construction Costs
Public Infrastructure
July 19,2018
Section 1 STREET Quantity Unit Unit Cost Total Cost
1 Pavement
La 3"asphalt on 6"base course sy $ 16.00 $ -
for each additional 1"of asphalt-add sy $ 2.50 $
for each additional 1"of base course-add sy $ 1.50 $ -
Lb Once inch(1")asphalt overlay ton $ 75.00 $ -
(1"of asphalt/S.Y.=110 lbs)
Lc 2"Mill and Overlay* 862 sy $ 8.00 $ 6,896
2 Concrete
2.a Curb&Gutter 2,384 If $ 12.00 $ 28,608
lb 4"Concrete 11,456 sf $ 3.00 $ 34,368
2.c 6"Concrete sf $ 4.00 $ -
2.d 7"Concrete sf $ 5.00 $ -
2.e 8"Concrete* 31,836 sf $ 6.00 $ 191,017
2.f A.D.A.Curb Ramps 1,426 sf $ 4.00 $ 5,704
2.g Square Pan Radius sf $ 5.00 $ -
2.h Tactile Band ea $ 350.00 $ -
3 Sanitary Sewer
3.a 8"Main 4'Depth 909 If $ 35.00 $ 31,802
3.b 48"Diameter Manhole 5 ea $ 2,500.00 $ 12,500
3.c Service Line-60'Right of Way ea $ 1,200.00 $ -
3.d 80'Right of Way ea $ 1,400.00 $ -
4 Water
4.a Main(Including valves)L#8 885 If $ 47.50 $ 42,051
4.b Fire Hydrant Assembly 3 ea $ 3,250.00 $ 9,750
4.c Service Line-60'Right of Way ea $ 600.00 $ -
4.d 80'Right of Way ea $ 800.00 $ -
4.e 100'Right of Way ea $ 1,000.00 $ -
5 Monument Boxes
6 Street Lights 9 ea $ 1,450.00 $ 13,050
7 Street Name Signs&Stop Signs
7.a 4-Way Intersection ea $ 435.00 $ -
T-Intersection 1 ea $ 325.00 $ 325
7.b Warning 4 ea $ 115.00 $ 460
7.c Barricades 16'Length ea $ 940.00 $ -
24'Length ea $ 1,280.00 $ -
8 Traffic Signals
9 Pavement Markings
9.a Epoxy(Lane lines-collectors) If $ 1.35 $ -
9.b Inlay Tape(lane lines-arterials) If $ 7.00 $ -
9.c Preform Thermoplastic(crosswalks,stop bars) 192 If $ 3.00 $ 576
9.d Arrows ea $ 85.00 $ -
Subtotal-Section 1 $ 377,107
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Gilbert Ortiz Clerk/Recorder. Pueblo County, Co
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Section 2 DRAINAGE Quantity Unit Unit Cost Total Cost
1 Storm Sewer
l.a 15"Pipe If $ 38.00 $ -
18"Pipe 691 If $ 41.00 $ 28,331
21"Pipe If $ 43.00 $ -
24"Pipe If $ 44.00 $ -
27"Pipe If $ 59.00 $ -
30"Pipe If $ 66.00 $ -
36"Pipe If $ 71.00 $ -
1.b Manhole-60" 2 ea $ 2,465.00 $ 4,930
l.c Type"S"Inlet-L=4' ea $ 3,740.00 $ -
1.d Type 13 Inlet(3.875')* 1 ea $ 4,640.00 $ 4,640
1.e 24"Nyoplast Basin* 1 ea $ 5,000.00 $ 5,000
2 Channel
3 Detention Facilities
4 Rip Rap including Filter Fabric
Construction and Post Construction Best Management
5 Practices(BMP's)
5.a Sediment Control Logs* 2,090 If $ 2.75 $ 5,748
5.b Erosion Control Blanket* 565 sy $ 4.65 $ 2,627
5.c Vehicle Tracking Control 1 ea $ 800.00 $ 800
5.d Inlet Protection 3 ea $ 220.00 $ 660
5.e Sediment Traps 2 ea $ 850.00 $ 1,700
Subtotal-Section 2 $ 54,436
General Notes: TOTAL COST $ 431,543
1.Quantities are based on the Upland Townhomes Phase 2A Public
Construction Documents by Matrix Design Group,April 2019.
2.Unit Prices are taken from City of Pueblo Standard Unit Price List
for Exhibit"B".
3.*Denotes items not included on the City of Pueblo Standard Unit
Price List for Exhibit"B". •
4.This summary of probable conceptual costs was prepared forp�NO0 LIC
estimating purposes only. Matrix Design Group can not be held &' tV4 MO,y �S�
responsible for variances from this estimate as actual costs may vary o� q 6, O
due to bid,market and economic fluctuations. Q 5 i
5.This estimate does not include soft costs,design engineering ,
•
costs,traffic control,and other items not in this unit price list. CAIN 10 31/19 tt,�
�S �
Si
L ENGl
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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