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HomeMy WebLinkAbout09583 2158353 11/06/2019 11:59:31 AM Page: 1 of 4 R 28.00 D 0.00 T 28.00 Gilbert OrtizlClfrk/Recorder, Pueblo Colnty,IlCo � �f111 l�h.I+ ,M��,J «�i+f�'61�M�l����E�+1I�111)1 �I III ORDINANCE NO. 9583 AN ORDINANCE APPROVING THE N. HUDSON AVE. SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the N. Hudson Ave. Subdivision, being a subdivision of land legally described as: All of parcel "D", Belmont, Twentieth Filing, according to the recorded plat thereof, filed for record June 25, 1959, Except the following described parcels of land: Beginning at the Northwest corner of the said Parcel "D"; thence South 0°14 West, along the West line of the said Parcel "D", a distance of 136.51 feet; thence South 89°46' East, a distance of 125.00 feet; thence North 0°14' East, a distance of 170.82 feet, to a point on the Southerly right-of-way line of U.S. Highway No. 50, and the North line of the said parcel "D"; thence Southwesterly, and along the said Southerly right-of-way line, a distance of 130.56 feet, to the point of beginning; Also Commencing at the Southeast corner of Parcel "D", Belmont 20th Filing; thence North 89°46" West, and along the South line of Parcel "D", a distance of 71.79 feet; thence along the arc of the curve to the right whose radius is 465.00 feet, and along the Southerly line of Parcel "D", a distance of 143.47 feet to the point of beginning; thence North 0°14' East, a distance of 405 feet, more or less, to a point on the Southerly right-of-way line of U.S. Highway No. 50, By-Pass, as presently located; thence along the Southerly right-of-way line the following two courses: 1) Along an arc of a curve to the right whose radius is 2965.0 feet, a distance of 467.22 feet; 2) Thence North 75°22' West, a distance of 107.00 feet; thence South 0°05'37" West, a distance of 421.32 feet to the Southerly line of Parcel "D"; thence along the Southerly line of Parcel "D" the following four courses: 1) North 71°44' East, a distance of 86.16 feet; 2) Along an arc of a curve to the right whose radius is 365.00 feet, a distance of 293.04 feet; 3) South 62°16' East, a distance of 138.50 feet; 4) Along an arc of a curve to the left whose radius is 465.00 feet, a distance of 79.71 feet to the point of beginning, Also 2158353 11/06/2019 11 :59:31 AM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co ■III Ii!r1FnW I/IVAN I114!1 Maiitli 11111 A parcel of land in Parcel "D", Belmont, Twentieth Filing, described as follows: Beginning at the Southeast corner of said Parcel "D" Belmont, Twentieth Filing; thence North 89°46' West, and along the South line of Parcel "D" a distance of 71.79 feet; thence along the arc of a curve to the right, whose radius is 465.00 feet and along the Southerly line of Parcel "D" a distance of 143.47 feet; thence North 0°14' East a distance of 405 feet, more or less, to a point on the Southerly right of way lien of U.S. Highway No. 50, By-Pass; thence Easterly, along the arc of a curve to the left, whose radius is 2965.0 feet, and along the said Southerly right of way line of U.S. Highway No. 50, a distance of 213 feet, more or less, to the Northeast corner of the said Parcel "D"; thence South 0°14' West, and along the East line of said parcel "D" a distance of 413.2 feet, more or less, to the Point of Beginning, All in County of Pueblo, State of Colorado. Containing a calculated area of 2.798 acres, more or less. 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. 2158353 11/06/2019 11:59:31 AM Page: 3 of 4 R 28.00 D 0.00 1 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 1111kPA'V'IIZAH41514M1h4'i1R1111ALltili 11111 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. This Ordinance shall be approved upon final passage but shall not become effective until: (a) 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 (b) 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. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 15, 2019. Final adoption of Ordinance by City Council on Octobe8 4119 . iii, 6,4M President :f City Council 2158353 11/06/2019 11 :59:31 AM :r- 40 28. 000 11 280 Gilbert Ortof 4 iz ClerkRfReco00rderD . . Pueblo Cou.0nty, Co Action by the Mayor: VIII I�I�1 IM'��;l41:lfl�h��4«'�.I'ittilti�il�l:0'1 i���, 111111 Approved on ..,.44.1 rap/'g ❑ Disapproved on / based on the following objections: f ayor Action by City Council After Disaooroval 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 ATTEST4 � v °' / ' A . A ! A J. / 4/ Gity Clerk v ity, � .• `1 �= 0 � City Clerk’s Office Item # R-11 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 15, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE N. HUDSON AVE SUBDIVISION SUMMARY: This Ordinance creates a subdivision of approximately 2.8 acres into two (2) developable lots. The subdivision site is generally located at 1906 North Hudson Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the intersection of Highway 50 bypass and North Hudson Avenue, with Ruppel Street just to the south of the property. The property was originally th subdivided in 1959 as Parcel D, Belmont 20 Filing. Parcel D was then split into smaller parcels without a subdivision, which facilitated commercial and high-density residential development. The applicant is proposing to subdivide the remaining portion of parcel D into two (2) lots to facilitate the development of a commercial business on Lot 1. Lot 2 will continue to house the existing church and school use. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will allow a new O’Reilly Auto Parts Store to be constructed on Lot 1. The improved lot will generate greater property tax than the existing undeveloped portion of the lot. It is anticipated that the O’Reilly Auto Parts Store will also generate sales tax. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 11, 2019 Regular Meeting, voted 4-0 (Commissioners Castellucci and Avalos 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: The Subdivision Review Committee supports the waiver request for undergrounding the overhead electric lines, along, the eastern edge of the property, adjacent to the Belmont Manor Apartments. It is the recommendation of the SRC that the Subdivision Plat be approved with the following conditions: 1. The undergrounding of the electric utility lines, located along the northern property line in the E US Highway 50 Bypass right-of-way and along western property line between Lot 2 of the N. Hudson Subdivision and the property addressed 2016 N. Hudson Ave, extending approximately 174-feet to the south, may be deferred by separate agreement until a request for building permit for a structure of 500 square-feet or larger, or an addition of 35-percent or more of the gross floor area to the existing structure, located on Lot 2, N. Hudson Subdivision. 2. Provide a witness and signature line for the Christian Growth Center on the Plat. 3. Comply with the comments and conditions contained in the memorandum from Melanie Turner, Stormwater Department, dated August 28, 2019. 4. Provide a cross-lot ingress/egress and parking agreement or an easement on the recorded plat. Conditions of approval 1 through 4 have been completed by the applicant. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the current subdivision would remain and would impede the applicant’s ability to 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 September 11, 2019 Public Hearing Memorandum from the Department of Public Works Dated September 27, 2019 Planning and Zoning Commission Staff Report with Exhibits Agreement to Defer Installing Underground Utilities signed by applicant, Christian Growth Center, Inc., Dated September 10, 2019 to 2158355 11/06/2019 11 :59:31 AM Page: 1 of 10 R 58.00 D 0.00 T &8 58.00 Gilbert Ortiz Clerk/Recorder; Pueblo County. Co •il .r�'ILwi ��Mi�1h�4CF� �4«�� r�� 11111 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on pl aVPerw\e.-( , oZ 01 , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Christian Grown Center,a Colorado Nonprofit 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 N.Hudson Ave.Subdivison ("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 escrow agreement approved by the City Attorney. The holder of such cash or DPW 101 August 2019 2158355 11/06/2019 11:59:31 AM Page: 2 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co Ell�!ria'11411tilel' �'�,�k�6'1M'� i;�, hi dy IIIj, 1111 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. 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. DPW 101 2 August 2019 2158355 11/06/2019 11:59:31 AM Page: 3 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co 11111 Eirdr:lfiklEIAINIMIVIMiltl N'M11W'1 i�ti � 11111 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 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 DPW 101 3 August 2019 2158355 11/06/2019 11 :59:31 PM Page: 4 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III kirdrMhllirilirkiNlikalii, l k R���� ,�, III ill 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 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 DPW 101 4 August 2019 2158355 11/06/2019 11:59:31 AM Palert5Ortiz 0 R 58.00 D Clerk/Recorder, Pueblo 0 T o8un0t0y, Co VIII KM,�l�Iklr���t �1��F�Y��if�FJ�4'�I���h�1�Y�ti��� 11111 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. 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. DPW 101 5 August 20I 9 2158355 11/06/2019 11:59:31 AM Page: 6 of 10 R 58.00 Dr 0.00 T 58 00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III 111 111 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. CG, r,j�f✓l �v�,fl � (VA (SEAL) By: ,,.,.4// By: The foregoing instruient was acknowledged before me on i(216/X4, 2/, 2o/9 , by Qu/ g'/d' , Subdivider. My commission expires: Q ,'/2d22 ,— f? SHARON LUSTY Q)/L NOTARY PUBLIC Notary bhc STATE OF COLORADO NOTARY ID 20024026334 MY COMMISSION EXPIRES AUGUST 15 2022 CITY OF PUEBLO, a Municipal Corporation o4 4 \ 04 . or of Pueblo, Colorado ATTEST: kA �,, City Clerk �,,,oRw I,Y�■u.AOe STATE OF COLORADO ) g 111- ) 11 ss. we COUNTY OF PUEBLO ) 't•'ca1Re.'t The foregoing instrument was acknowledged before me this - - day of v2-/nL.ems_ , c D/9 by N/ChO/t< 04a 61 s , as Mayor of Pueblo, Colorado, and /)e b---- as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. My commission expires:9 � c [ SEAL] 44otary Public TAMMY A MARTINEZ APPROVED AS TO FORM: NOTARY PUBLIC STATE OF COLORADO DPW 101 NOTARY ID/016402,8200 August 2019 MY COMMISSION EXPIRES 07/28/2020 >a/r\A-A1(# City Attorney ✓✓ 2158355 11/06/2019 11:59:31 PM Page: 7 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder. LPueblo1County, Co 1111 � .r. r � P �l1�K ^ �lr� '�14���k���ii�l�h 11111 DPW 101 7 August 2019 EXHIBIT "A" LEGAL DESCRIPTION A portion of Parcel "D", Belmont Twentieth Filing, recorded June 25, 1959, under Reception No. 100573, in the Official Public records of Pueblo County Colorado, said portion is located in the NE1/4 of Section 30, Township 20 South, Range 64 West of the 6th P.M., City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: COMMENCING at the southwest corner of Parcel "A", Belmont Manor Subdivision, recorded under Reception Number 1623228, said records; thence along the north right-of-way line of Ruppel Street, recorded under Reception Number 1000579, said records; S72°04'50"W (Bearings based upon the east line of Parcel D, Belmont Twentieth Filing, monumented at the north end by a number 4 rebar with 1" yellow plastic cap, stamped "12933", flush with surface, and at the south end by a number 4 rebar with 1" yellow plastic cap, stamped "12933", flush with surface, assumed to bear S00°05'37'W), a distance of 62.50 feet, to a point on the northeasterly right-of-way line of North Hudson Avenue, recorded under Reception Number 100579, said records; thence along said northeasterly right-of-way line along a curve to the left, having a radial bearing in of S36°41'10"W, a radius of 338.34 feet, a delta of 5°28'35", an arc length of 32.34 feet; thence continuing along said northeasterly right-of-way line, N58°39'31"W, a distance of 104.78 feet, to the POINT OF BEGINNING; thence continuing along said northeasterly right-of-way line, N58°39'31"W, a distance of 89.71 feet; thence continuing along said northeasterly right-of-way line, along a non-tangent curve to the right, with an arc length of 244.53 feet, a radius of 237.82 feet, a delta angle of 58°54'38", a radial of N31 °18'09"E, to the southwest corner of that portion of Parcel "D" described in Reception No. 100573; thence leaving said northeasterly right-of-way line, along the south line of said portion of Parcel "D", S89°46'00"E, a distance of 124.91 feet, to the southeast corner of said portion of Parcel "D"; thence along the east line of said portion of Parcel "D", N00°24'51"E, a distance of 170.44 feet, to a point on the south right-of-way line of US Highway 50; thence along said south right-of-way line, N74°56'02"E, a distance of 21.21 feet; thence continuing along said south right-of-way line, S75°14'24"E, a distance of 228.26 feet, to northwest corner of said Parcel "A"; thence along the west line of said Parcel "A", S00°05'37"W, a distance of 206.02 feet; thence leaving said west line, N89°52'26"W, a distance of 175.87 feet; thence S00°05'37"W, a distance of 162.40 feet, to the POINT OF BEGINNING. Containing 85,471 Sq. Ft. or 1.962 acre, more or less. 2158355 11/06/2019 11:59:31 PM Page: 8 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 111111P.ttnal'bih+ri711FLIF,7 14Wilyi Ill III SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: DEVELOPER: 2158355 11/06/2019 11:59:31 AM Page: 9 of 10 R 58.00 D 0.00 T 58.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ENGINEER: ■III � � ainull"rltiiI'tiild 11111 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: Kurt Lang, PE FIRM: Roth Lang Engineering Group, LLC. The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo. f� ---;:( p00 Lice`�� 10/24/19 �r •0• 1� Professional Engineer Date • 9 q • . 10/24/19 rQ S o•. 441.: 11••••....... •'••�� REVIEWED BY: ( If 142019 Director of Public Works Date DPW 101 8 August 2019 • 6/2019 11:59:31 A0. M 7 ROTH LANG 2158355 11/0 `_ ENGINEERING GROUP Page: 10 11 10 R 511: D 0.00 T 58.00 Gilbert Ortiz{�C.' erkyl�Record{er, `Pueblo County coal 7853 East Arapahoe Court,Suite 2500 ,III R�'irl 3WiYi,iCePirrar i1'�r t ri II III Centennial,CO. 80112 303-841-9365 ENGINEER'S ESTIMATE OF ANTICIPATED COSTS FOR PUBLIC IMPROVEMENTS O'Reilly Auto Parts Store 1906 N Hudson Ave., Pueblo, CO. Date: October 25, 2019 Job No.: 181004 PAVEMENT ITEM DESCRIPTION ONTY. UNIT COST/UNIT TOTAL COST 5"ASHALT ON 6"BASE COURSE 155 SY 21.00 $ 3,255.00 $ 3,255.00 CONCRETE ITEM DESCRIPTION QNTY. UNIT COST/UNIT TOTAL COST CURB&GUTTER 255 LF 12.00 $ 3,060.00 6"CONCRETE 960 LF 4.00 $ 3,840.00 ADA CURB RAMPS 300 SF 4.00 $ 1,200.00 $ 8,100.00 SANITARY SEWER ITEM DESCRIPTION ONTY. UNIT COST/UNIT TOTAL COST SERVICE LINE 1 EA. 1,400.00 $ 1,400.00 $ 1,400.00 WATER ITEM DESCRIPTION GINTY. UNIT COST/UNIT TOTAL COST FIRE HYDRANT ASSEMBLY 1 EA. 3,250.00 $ 3,250.00 1"SERVICE LINE 1 EA. 1,000.00 $ 1,000.00 3/4" IRRIGATION 1 EA. 1,000.00 $ 1,000.00 $ 5,250.00 SIGNAGE ITEM DESCRIPTION ONTY. UNIT COST/UNIT TOTAL COST STOP SIGN 2 EA 325.00 $' 650.00 YEILD SIGN 1 EA 325.00 $ 325.00 $ 975.00 PAVEMENT MARKINGS ITEM DESCRIPTION MTV. UNIT COST/UNIT TOTAL COST EPDXY CHANNEL LINES 275 LF 1.35 $ 371.25 PREFORM THERMOPLASTIC CROSSWALK&STOP BAR 350 SF 3.00 $ 1,050.00 ARROWS 4 EA 85.00 $ 340.00 $ 1,761.00 SUBTOTAL= $ 20,741.00 CONTINGENCIES (10% OF SUBTOTAL)= $ 2,074.10 GRAND TOTAL= $ 22,815.10 NOTES: 1. Quantities are approximate and may be subject to change. 2. Unit costs are approximate and will need to be verified by a contractor.