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HomeMy WebLinkAbout09524 2152135809/12/2019 03:52:41 PM Gilbert10rrtiz3Clek?Fie ccorder .19! a;u0n 00Y Co 1111111M Ill k1I '«II'k?'ti.RCIIMIN MLR�ytkI:Yi�h 11111 ORDINANCE NO. 9524 AN ORDINANCE APPROVING THE TRE SOUTHGATE AT PUEBLO SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the TRE Southgate at Pueblo, being a subdivision of land legally described as: Lot 2, Southgate at Pueblo Subdivision, Filing No. 1, according to the filed plat recorded April 17, 1998, in Map Book Sat Page 508, in Book 3111 at Page 445, under Reception No. 121507, County of Pueblo, State of Colorado. 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. 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. 2152135 09/12/2019 03:52:41 PM ert20rrtf z3C1 a k?Reco der. PuOeblo2Cou0 0 Pagnty Co SECTION 4. 11111111:1111111411C11111/0101Mliiii117�'�`�li 'i1111 II I 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 condition: 1. The existing sign located on the proposed Lot 1 that advertises the business on the proposed Lot 2 must be removed or made into a shared sign for both businesses. Within six (6) months of the subdivision approval by City Council, the existing monument sign located on the proposed Lot 1, must be removed or obtain approval for a shared sign permit to allow the sign to be shared with the business located on the proposed Lot 1. SECTION 6. This Ordinance shall be approved upon final passage 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 August 12, 2019 . Final adoption of Ordinance by City Council on Au•ust 6 019 . 111 President o City Council 2152135 09/12/2019 03:52:41 PM Page: 3 of 3 R 23.00 De 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Action by the Mayor: 1011�1FORK�:«lEhlili%114F4r1� ��1r�4�i��h 1i II Approved oni'' -- 6V; o�0I5 . ElDisapproved onbased on the following objections: 24/?'4, eXii's4°‘+' 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 ' o\ City Clerk c ‘ f� '� City Clerk’s Office Item # R-19 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE TRE SOUTHGATE AT PUEBLO SUBDIVISION PLAT SUMMARY: This Ordinance creates a subdivision of approximately 2.112 acres into two (2) building lots generally located at 1207 Southgate Place. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located along Southgate Place, just east of Lake Avenue. The applicant is requesting to plat the property into two (2) lots in order to sell the proposed Lot 1, adjacent to the existing retail business on the proposed Lot 2. The separation of the property into two (2) lots will allow the property to be sold and allow the new owner to construct a separate commercial building. 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 July 10, 2019 Regular Meeting, voted 5-0 (Schilling absent) to recommend approval with the following conditions: Conditions of Approval: 1. The existing sign located on the proposed Lot 1 that advertises the business on the proposed Lot 2 must be removed or made into a shared sign for both businesses. Within six (6) months of the subdivision approval by City Council, the existing monument sign located on the proposed Lot 1, must be removed or obtain approval for a shared sign permit to allow the sign to be shared with the business located on the proposed Lot 1. Conditions of approval 1 shall be included in the Ordinance approving the subdivision. 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. ALTERNATIVES: If City Council does not approve this Ordinance, the current lot 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: Proposed Ordinance Minutes of the Planning and Zoning Commission July 10, 2019 Public Hearing Memorandum from the Department of Public Works Dated July 25, 2019 Planning and Zoning Commission Staff Report with Exhibits Reception 2152137 09/12/2019 03:52:41 PM STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172,the undersignedhereby executes this Statement of Authority on behalf of TRECO Southgate LLC a, Colorado limited liability company ,an entity other than an individual,capable of holding title to real property(the`Entity"),and states as follows: The name of the Entity is TRECO Southgate LLC a limited liability company organized under the laws of the State of Colorado (state type of entity and state,country,or other governmental authority under whose laws such entity is formed) The mailing address for the Entity is 1550 Larimer St., STE 634, Denver, CO 80202 The name or position of the person authorized to execute instruments conveying,encumbering,or other affecting title to real property on behalf of the Entity is:Manager of the Entity's Manager, TRECO Sponsors, LLC The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: None (if no limitations,insert"None") Other matters concerning the manner in which the Entity deals with any interest in real property are: None (if no other matters,leave this section blank) 744 EXECUTED this 15 day of TuL., , 2019 • Signature: 4 Name(typed or printed): ea a ICo to. 4s 11 Title(if any): (%4AN,4tV_i pF 'T4 SPoat L1-iC. STATE OF CAIotado ) ss. COUNTY OF .12.fl\1 ) The foregoing instrument was acknowledged before me this 11 day of Su k 2°1`l by Ran dull ,on behalf of -Mg-0 SovAriC LI.C. ,a Lk-C . Witness my hand and official seal. My commission expires: 01/412•21. 41- /t [SEAL ] Notary Public ANDREW RUILAND DPW 116 NOTARY PUBLIC 02/07/02 STATE or COLORADO, NOTARY Ir .20104000Pf MY COMMISSION EXPIRES 0`1/0E42022 Reception 2152138 09/12/2019 03:52:41 PM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on August 21 , 2019 ,between the CITY OF PUEBLO, a Municipal Corporation("City"), and TRECO Southgate LLC ("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 TRE Southgate at Pueblo Subdivision ("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 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec.2007 2152138 09/12/2019 03:52:41 PM Page: 2 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111 lid MI Irgi 114 IMP 14111111 Al I MAR I 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 • 2152138 09/12/2019 03:52:41 PM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 IMIX� lc a�a,���, MIII N��IIII:NI rw 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads,parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate,the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads,parks and other public improvements and rights-of-way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one(1)year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block,the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 3 May 2009 2152138 09/12/2019 03:52:41 PM Page: 4 of 10 R 58.00 D 0.00 T 58.00 liii bert Ortiz Clerk/Recorder, Pueblo County, Co rilralkidlliVIIKIVITilikON111141111411411I III Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front,to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities"), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter,the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right(but not the obligation)to inspect, control, repair,replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control,repair, maintain, or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions. 13. The City or the purchaser of any lot(s)within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s)or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit"B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 May 2009 2152138 09/12/2019 03:52:41 PM Page: 5 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 111 ��Y�'���I �h�'����'�F1���tiN�� � 111 111 installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit"B"and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10)years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works,then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control,unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re-alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10)years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c)If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4- 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit"B",provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two(2)years from the date of acceptance of the Required Public Improvements described in the attached Exhibit"B"by the Director of Public Works. DPW 101 5 May 2009 • 2152138 09/12/2019 03:52:41 PM Page: 6 of 10 R 58.00 Dr 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ���1rYi ',Ki II1 VIACI , I,111C ili 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. TRECO Southgate LLC NOTARY PlieuWRIGC Subdivide (SentOF COLORADO By: �.._� _�— "R/1Di/20174034406 ifY COMMISSION Exp RES 08/16/2021 By: fpr' P-ac,3c CL i S M A N ALA e— The foregoing instrunt w a9kno ledged before me on D 8 / 2- I / Z6/ 91 g; �r>p , by o P� , Subdivider. r My commission expires: �--- Notary Public CITY OF PUEBLO, a Municipal Corporation 0411111 By •'r1/ / -�-4- • TEST: ` tt. e � - � 71AYoiZ of �V E 13 LCA c_O • ;40, g g Ekill \itt telI/"# City Clerk • f , STATE OF COLORADO ) � 0r, ir + ss. kpo 1 COUNTY OF PUEBLO ) The foreg ing instrument was acknowledged before me this . Lf day of pfeh)1-: 't L /O by Al,.(/)L /(: g1(1 ,'Cc.ti , as c't President-of City Council, and ') ' iv.) a /)/ At t as City Clerk of the City of 0 Pueblo, Colorado. r Witness my hand and official seal. DPW 101 6 May 2009 TAMMY A MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164028200 MY COMMISSION ItXPIRE$077619090 My commission expire 3: _ - : •��C.<��L.' � ' 1) 1 Zuk [ SEAL] Notary Public { APPROVED AS TO FORM: City Attorney 2152138 09/12/2019 03:52:41 PM Page: 7 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co VIII 1Mii'iilli 'GinarAtii'MHIAA%IR Ii III DPW 101 7 May 2009 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" TRE Southgate at Pueblo Subdivision Legal Description KNOW ALL MEN BY THESE PRESENTS THAT: TRECO Southgate LLC, a Colorado Limited Liability Company. being the sole owner of the following described parcel of land: Lot 2, Southgate at Pueblo Subdivision, Filing No. 1, according to the filed plat recorded April 17, 1998, in Map Book S at Page 508, in Book 31 1 1 at Page 445, under Reception No. 121507, County of Pueblo, State of Colorado. Said parcel contains 2.1 1 acres more or less. 2152138 09/12/2019 03:52:41 PM Page: 8 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co S-19-04 TRE SOUTHGATE AT PUEBLO SUBDIVISION JN 19101 SUBDIVISION IMPROVEMNTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: TRE SOUTHGATE AT PUEBLO SUBDIVISION DEVELOPER: TRECO SOUTHGATE LLC ENGINEER: Clark Engineering LLC, Laurie E. Clark P.E. Unit Description Unit Price Quantity Total Unit Cost Itemization of Required Public Improvements A. SITE IMPROVEMENTS l.)No Parking Fire Lane Signs $200.00 EA 13 $ 2,600.00 2.) Sawcut& remove asphalt for utility servic $5.00 SY 55 $ 275.00 3.) Sawcut curb& gutter for utility services $5.00 LF 20 $ 100.00 4.) Patch 7" Hot Mix Asphalt $18.00 SY 55 $ 990.00 5.) Standard Curb & Gutter $12.00 LF 20 $ 240.00 B. FUTURE WATER AND SANITARY SEWER SERVICE LINES 1.) Water Service Line 60' Right-of-way $600.00 EA I $ 600.00 2.) Sanitary Sewer Service Line 60' Right-of- $1,200.00 EA 1.00 $ 1,200.00 MISCELLANEOUS SUB-TOTAL $ 6,005.00 CONTINGENCIES: 10% $ 600.50 TOTAL COST**: $ 6,605.50 **Not including Engineering, Surveying fees This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: Laurie E. Clark, P. E. DATE: 8/21/2019 FIRM: CLARK ENGINEERING LLC, 6821 Highway 78 W, Pueblo, CO 81005 The undersigned hereby certifies that(i)the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and contructed for the Subdivision by Chapter 4, Title XII of the Pueblo Muncipal 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. 21521388 09/12/2019 03:52:41 PM Gilbert9Ort z101erRk/RecordeDr,0Pue0blo 5oun00, Co Page 1 1111 k�r��,Ithi Glli,MiiillirII,��f:P��tJ N�I�M�Ikl�ti�� 11 II 1 g S-19-04 TRE SOUTHGATE AT PUEBLO �!N JN 19101 O�p►DO(/`+�`�t, .•gyp STS. '4' ► ol 4$ -1 �i 23022 s O/ i ; 3� Professional En`Z1F-toNALt :.Date REVIEWED BY: City of Pueblo 77 Date l� DB z ACCEPTED BY: Director of Public Work Date DPW 101 Dec. 2007 2152138 09/12/2019 03:52:41 PM Page: 10 of 10 R/ 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III � 41 Dail DIVilla'Milli 11111 Prepared by Clark Engineering LLC 8/21/2019 Page 2