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ORDINANCE NO. 9625
AN ORDINANCE APPROVING THE BELMONT PARK
APARTMENTS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Belmont Park Apartments Subdivision, being a subdivision of land
legally described as:
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER SECTION
19, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS:
LOTS 16 AND 17, BLOCK 141, BELMONT VILLA FILING NO. 1, COUNTY OF
PUEBLO, STATE OF COLORADO
AND
A PARCEL OF LAND SITUATED IN THE W % OF THE SE 1/4 OF SECTION 19,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH/PRINCIPAL MERIDIAN,
PUEBLO COUNTY, COLORADO, BEING MOREPARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW ' OF THE SE '
OF SECTION 19, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF
A TRACT OF LAND DESCRIBED IN BOOK 1307 AT PAGE 378, COUNTY OF
PUEBLO RECORDS; THENCE S89°-02'E. ALONG SAID TRACT, A DISTANCE
OF 224.76 FEET TO THE SOUTHEAST CORNER OF SAID TRACT, SAID POINT
LYING ON THE SOUTHWESTERLY LINE OF LOT 20, BLOCK 103, BELMONT
7TH/ FILING, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE
S.41°-44'-20"E., ALONG THE SOUTHWESTERLY LINE OF SAID LOT 20, A
DISTANCE OF 9.82 FEET TO THE SOUTHWEST CORNER OF SAID LOT 20;
THENCE N.53°-34'-30"E., ALONG THE SOUTHEASTERLY LINE OF LOT 20, A
DISTANCE OF 125.68 FEET TO THE EAST CORNER OF SAID LOT 20, SAID
POINT LYING ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF JERRY
MURPHY ROAD; THENCE SOUTHEASTERLY, ALONG THE BOUNDARY OF
SAID BELMONT 7TH/ FILING, 98.42 FEET ALONG AN ARC OF A CURVE TO
THE LEFT WHOSE RADIUS IS 1196.3 FEET; THENCE S.50°-46'-39"W., A
DISTANCE OF 3.10 FEET; THENCE ALONG THE ARC OF A CURVE TO THE
RIGHT, WHOSE RADIUS IS 340 FEET, A DISTANCE OF 238.49 FEET; THENCE
N.89°-02"W., A DISTANCE OF 168.40 FEET TO A POIKNT ON THE NORTH-
SOUTH CENTERLINE OF SECTION 19; THENCE N.1°-37"W., ALONG SAID
CENTERLINE A DISTANCE OF 88.91 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.782 ACRES, ALSO KNOWN AS PARCEL 419400014 IN THE
RECORDS OF THE PUEBLO COUNTY ASSESSOR.
CONTAINING A CALCULATED AREA OF 115,191 SQUARE FEET OR 2.644 ACRES.
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Gilbert Ortiz Clerk/Recorder, Pueblo County. Co
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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.
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.
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2180450 06/08/2020 11:49:33 AM
Pag ert30rrtfiz3C1 a k2/ c0order0 PuOeb1o2ou0nty, Co
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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 December 9, 2019.
Final adoption of Ordinance by City Council on December '3 2019.
IIID ri
Pres den"of City Council
Action by the Mayor:
Approved on it;-416- GAG/1
❑ Disapproved on based on the following objections:
ik
Mayor
Action by City Council After Disaooroval by the Mayor:
❑ Council did not act to override the Mayor'sveto.
❑ Ordinance re-adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST o44 ► ; �u
I 0
Deputy City Clerk ,v-1„•,,//4(q/\, .
* "I ii A°
City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
December 9, 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 BELMONT PARK APARTMENTS
SUBDIVISION
SUMMARY:
This Ordinance creates a one lot subdivision of approximately 2.644 acres generally
located north of the Belmont Villa Filing No. 1 Subdivision, South of Lot 20, Block 103,
th
Belmont 7 Filing Subdivision and west of Jerry Murphy Road.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject site is made up of an unsubdivided parcel that may have been reserved for
a future right-of-way extension of Iroquois Road when the land to the south was
subdivided in 1980. The extension of Iroquois became a moot point when the land to the
west was subdivided in 1996 for residential development along streets that terminate in
cul-de-sacs. The property owner purchased the unsubdivided parcel from the City and is
now combining the parcel with Lots 16 and 17 of Block 141 Belmont Subdivision to create
one 2.644-acre lot for a multi-family development.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the
City
.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their September 11, 2019 Regular Meeting,
voted 4-0 (Castellucci and Avalos absent) to recommend approval.
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 site will remain un-subdivided and
impede development of the site.
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.
AttachmentsProposed Ordinance
:
Minutes of the Planning and Zoning Commission September 11, 2019
Public Hearing
Memorandum from the Department of Public Works Dated November 18,
2019
Planning and Zoning Commission Staff Report with Attachments and
Exhibits
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SUBDIVISION gIMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on /" t G'U'- CA Z-0 , 2.0 20 , between the
CITY OF PUEBLO, a Municipal Corporation("City"), and
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("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
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("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
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Gilbert Ortofiz1Clerk/Recorder00Dr, Pueblo.00 County Co
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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.
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Gilbert Ortiz Clerk/Recorder8.00 D; Pueblo County: Co
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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
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Cilbert Oroftiz Clerk/Recorder00 , Pueblo County, Co
1111 kirdriliNiiillerrilaiNI107;�t�'.�,'��F�«P'IW�h
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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
11111 Farllii0151%10ii 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.
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' Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 I11rC1MNNtiKPil74l"t1kAVIiK':4411lid 11111
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.
Subdivider 17\1:
��n �L,I
(SEAL) By: 1 hiV I r t�
By: /9 _ "IV�,
The foregoing instru ent was Ia�k�nowledge. on �l(� a 2U ,
2b� , by 4—ii T 'U�S , Subdivider.
My commission expires: (o2oZ( )I
Igiee R v'n IL ARD Notary Public
NOTARY PUBLIC
STATE OF COLORADO
Nora' `'i°�°r ''� � CITY OF PUEBLO a Municipal Corporation
MY COMMISSION EXPIRES 10128/2021
—..........._
By:'74e,,Are"
A.-TEST: ti
or of Pueblo, olorado
ity Clerk II ,'/6-,
STATE OF COLORADO )A1, . ' v. ,-7-; "
) ss.
COUNTY OF PUEBLO e
The foregoing instrument was acknowledged before me this day of
, by , as
Mayor of Pueblo, Colorado, and as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
M CI os so' - .• - • II ..i— •
0.
CINDY J. APRT ' i /
NOTARY COLORADOPUBLIC ( tti.Lt 1/ 4.fik.)
TE OF
A }{SOTAARY ID 19934016940
E 5 13011MI8SION EXPIRES 12/20/2021 No Public
APPROVED AS TO FORM:
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City Attorney
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Gilbert Ortiz Clerk/Recorder, Pueblo County Co
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Gilbert Ortiz Clerk/Reoorder, Pueblo County, Co
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EXHIBIT A
LEGAL DESCRIPTION:
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER SECTION 19,TOWNSHIP 20 SOUTH,
RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: ALL BEARINGS SHOWN HEREON ARE BASED UPON THE WESTERLY RIGHT OF
WAY LINE OF JERRY MURPHY ROAD BETWEEN THE NORTHERLY POINT OF
CURVE OF LOT 17, BLOCK 141, BELMONT VILLA FILING NO. 1 AND THE
SOUTHEASTERLY CORNER OF LOT 20, BLOCK 141, BELMONT VILLA FILING NO. 3;
BEING MONUMENTED AT BOTH ENDS BY A FOUND REBAR AND CAP, PLS 6128;
MEASURED AS BEARING S41°50'10"E WITH A DISTANCE OF 517.51 FEET.
LOTS 16 AND 17, BLOCK 141, BELMONT VILLA FILING NO. 1, COUNTY OF PUEBLO, STATE OF COLORADO
AND
A PARCEL OF LAND SITUATED IN THE W/2 OF THE SE"1/4 OF SECTION 19,TOWNSHIP 20 SOUTH, RANGE 64
WEST OF THE 6TH/PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING MOREPARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF THE 5E1/4 OF SECTION 19, SAID CORNER
ALSO BEING THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1307 AT PAGE 378,
COUNTY OF PUEBLO RECORDS;THENCE S89°-02'E. ALONG SAID TRACT,A DISTANCE OF 224.76 FEET TO
THE SOUTHEAST CORNER OF SAID TRACT, SAID POINT LYING ON THE SOUTHWESTERLY LINE OF LOT 20,
BLOCK 103, BELMONT 7TH/ FILING,ACCORDING TO THE RECORDED PLAT THEREOF; THENCE S.41°-44'-
20"E.,ALONG THE SOUTHWESTERLY LINE OF SAID LOT 20, A DISTANCE OF 9.82 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 20; THENCE N.53°-34'-30"E., ALONG THE SOUTHEASTERLY LINE OF
LOT 20,A DISTANCE OF 125.68 FEET TO THE EAST CORNER OF SAID LOT 20,SAID POINT LYING ON THE
SOUTHWESTERLY RIGHT-OF-WAY LINE OF JERRY MURPHY ROAD; THENCE SOUTHEASTERLY, ALONG THE
BOUNDARY OF SAID BELMONT 7TH/ FILING, 98.42 FEET ALONG AN ARC OF A CURVE TO THE LEFT
WHOSE RADIUS IS 1196.3 FEET;THENCE S.50°-46'-39"W., A DISTANCE OF 3.10 FEET;THENCE ALONG
THE ARC OF A CURVE TO THE RIGHT,WHOSE RADIUS IS 340 FEET, A DISTANCE OF 238.49 FEET;THENCE
N.89°-02"W., A DISTANCE OF 168.40 FEET TO A POIKNT ON THE NORTH-SOUTH CENTERLINE OF SECTION
19;THENCE N.1°-37"W.,ALONG SAID CENTERLINE A DISTANCE OF 88.91 FEET TO THE POINT OF
BEGINNING. CONTAINING 0.782 ACRES,ALSO KNOWN AS PARCEL 419400014 IN THE RECORDS OF THE
PUEBLO COUNTY ASSESSOR.
CONTAINING A CALCULATED AREA OF 115,191 SQUARE FEET OR 2.644 ACRES.
•
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Page: 90
of 10 R 58.00 D 0.00 T 58.00
Gilbert Ortiz Clerk(Recorder, Pueblo County, Co
11111 kiralriYI 11110.11011.1011111iMiiiilliAlYi 11111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Belmont Park Apartments Subdivision
DEVELOPER: Ken Hughes
ENGINEER: Darlene K. Horn, P.E. (DK Horn Engineering& Design, Inc.)
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit"B")
See Exhibit B, Page 2
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Darlene K. Horn, P.E.
FIRM: DKHorn Engineering&Design, Inc.
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.
[P.E. SEAL] ,
i '4 Professional Engineer Date
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REVIEWED BY:
10/44/44LOS =co foto
Director of Public Works Date
OM 5119 12.6Z0
DPW 101 8
August 2019
SUBDIVISION IMPROVEMENTS AGREEMENT-EXHIBIT B ENGINEER'S COST ESTIMATE
Belmont Park Apartments Subdivision-Public Improvements in Jerry Murphy Right-of-way
Prepared by: Darlene K. Horn, P.E.
Date: 2/27/2020
PUBLIC IMPROVEMENT UNIT QUANTITY UNIT PRICE TOTAL PRICE
Demolition
Removal of ex.4'wide sidewalk SF 256 $ 1.20 $ 307.20
Saw cut and remove ex. curb &gutter LF 36 $ 3.50 $ 126.00
(to install handicap ramps) Demolition Total $ 433.20
Construction
New curb &gutter LF 240 $ 35.00 $ 8,400.00
New 6'wide concrete sidewalk SF 1836 $ 8.50 $ 15,606.00
New handicap ramps(2) SF 234 $ 9.50 $ 2,223.00
New 6"SDR35 sanitary sewer service to PL LF 60 $ 6.50 $ 390.00
EA FOR 4OLF
New 2"Type K copper Water Service to PL SEGMENT 1 $ 765.00 $ 765.00
Construction Total $ 27,384.00
Project Total $ 27,817.20
2180452 06/08/2020 11:49:33 AM
Page: 10 of 10 R 58. D 0.00 T 58.00
Gilbert Ortiz ClerkfRecorder00 , Pueblo County, Co
X111
Frac Iir�� s,aux,h'j'1 111111
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Exhibit B-Page 2