HomeMy WebLinkAbout10078Reception 2291308
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ORDINANCE NO. 10078
AN ORDINANCE APPROVING THE STOUT SUBDIVISION -CITY
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Stout Subdivision, being a subdivision of land legally described as:
PARCEL A: ALL THAT PORTION OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST
OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF PUEBLO, STATE OF
COLORADO, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION, 66 FEET;
THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 407
FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PARALLEL
WITH THE WEST LINE OF SAID SECTION, 55 FEET; THENCE EAST AND
PARALLEL WITH THE NORTH LINE OF SAID SECTION, 120 FEET; THENCE
NORTH AND PARALLEL WITH THE WEST LINE OF SAID SECTION, 55 FEET;
THENCE WEST 120 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF
PUEBLO, STATE OF COLORADO.
PARCEL B: ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 14,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN;
THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE
OF 66 FEET TO A POINT; THENCE SOUTH AND PARALLEL TO THE WEST
LINE OF SAID SECTION 14, A DISTANCE OF 264 FEET TO A POINT OF
BEGINNING; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID
SECTION 14, A DISTANCE OF 143 FEET TO A POINT; THENCE EAST AND
PARALLEL TO THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 120
FEET TO A POINT; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF
SECTION 14, A DISTANCE OF 55 FEET TO A POINT; THENCE EAST AND
PARALLEL TO THE NORTH LINE OF SECTION 14, A DISTANCE OF 507 FEET
TO A POINT; THENCE NORTH AND PARALLEL TO THE WEST LINE OF SAID
SECTION 14, A DISTANCE OF 198 FEET TO A POINT; THENCE WEST AND
PARALLEL TO THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 627
FEET TO THE POINT OF BEGINNING, COUNTY OF PUEBLO, STATE OF
COLORADO. CONTAINING XXXXX ACRES, ALSO KNOWN AS PARCEL
1514200051 IN THE RECORDS OF THE PUEBLO COUNTY ASSESSOR.
CONTAINING A CALCULATED AREA OF 123,895 SQUARE FEET OR 2.844
ACRES.
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Gil rt Ortiz Cterk/Reccrder. 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 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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Gilbert Ortiz C1erk/Reocrder, Pueblo County. 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 13, 2021.
Final adoption of Ordinance by City Council on December 27, 2021 .
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resident of City Council
Action by the Mayor:
)*% Approvedon /23V I1I
❑ Disapproved on based on the following objections:
2ayf:s.e..40. r eyor
Action by City Council After Disapproval by the Mayor:
O Council did not act to override the Mayor's veto.
O Ordinance re-adopted on a vote of , on
O Council action on failed to override the Mayor's veto.
President of City Council
ATTEST
4"41.3%Lo,co-, s.
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Deputy City Clerk , , ;:7-4,
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City Clerk’s Office Item # R-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: December 13, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE STOUT SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide the 2.844-acre property into one lot to facilitate
development of “rental spaces” consisting of six structures with floor areas between 3,000 and
4,800 square feet.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property was annexed into the city in 1972 (Ordinance 3646) and was zoned R-2,
Single Family Residential upon annexation. The applicant is concurrently requesting to rezone
this property from R-2, Single Family Residential to BP, Business Park. The proposed Business
Park is proposed to be subdivided into one lot to facilitate development of “rental spaces” for retail,
office, and warehouse uses. The applicant provided a preliminary site plan for the proposed
leased storage use. The site plan shows six structures, three situated adjacent to the north
property line and three situated adjacent to the southern property line. The eastern portion of the
site will be reserved for fenced outdoor storage. The BP Zone District allows for commercial
storage uses; however, it requires that all structures be constructed 100 feet from a residential
zone district. The applicant may choose to revise the site plan to meet the district requirements
or request a variance since the property to the south is zoned for single-family but is used as a
church. The proposed 123,968 square foot lot size and the 198-foot lot width meet the minimum
size and width for a lot within a BP Zone District. The property is designated in the Pueblo
Regional Comprehensive Plan (“Plan”) as Arterial Commercial Mixed Use, which calls for retail
sales, personal services and some office space intermixed. The Plan notes that compatible land
uses other than heavy industrial uses are not prohibited. The proposed development will provide
large storage options for lease, which is not incompatible with the building supply enterprise to
the west, storage uses to the north. Proper buffers and screening will be required along the east
and south property lines adjacent to the church and single-family homes. No heavy industrial uses
will be allowed. The applicant will be required to comply with the BP Zone District Performance
Standards (Sec. 17-4-5) to reduce impacts of development on the surrounding neighborhoods.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 14, 2021 Regular Meeting, voted 6-0 to
recommend approval, Commissioner San Filippo-Rosser absent.
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 not be resubdivided which will 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.
Attachments:
Proposed Ordinance.
Minutes of the Planning and Zoning Commission April 14, 2021 Public Hearing
Memorandum from the Department of Public Works Dated November 19, 2021
Planning and Zoning Commission Staff Report with Attachments and Exhibits
Reception 2291310
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SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on August 8 , 2022 , between the
CITY OF PUEBLO, a Municipal Corporation ("City"), and
Douglas Stout,
Managing Member , DL LAND, LLC, A Colorado Limited Liability Company
("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
Stout 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:
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 Ortiz: Clerk%,_corder, Puebla County. Ce
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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 C1.erkiRecorder Pueblo Cour?.y: 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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Giioert Or?iz Clerki ecorcer. °=ueb1:: County, Co
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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 Drtiz Clerk/Recur:1er, Pueblo County.
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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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G,lbe,t Ortiz C1.ark/Peaorde, Pueblo County, Co
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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.
LORI ANN FASULO GAGLIANO
NOTARY PUBUC
STATE OF COLORADO Subdivider
L\NOTARY ID 19924003882
(S 44tdmmission Expires:May 07,2024 By: Douglas Stout, Mana•'ng Member
DL LAND, LLC Ai - • orado U ited Liability Company
+fit
By: -f, G .is
The foregoing instrument was acknowledg d before me onyt1U1A S/ 8/ A 02)P\ ,
by Douglas Stout,Managing Member,DL LAND LLC,A Colorado Eimited Liability Company Subdivider.
My commission expires: MN ,7 i _A 0)4 /
4x,2 .
` ,,r® ., I, ° Notary Public
1 0, \al :\` /f; ')IT tES F PUEBLO, a Municipal Corporation
19i % : t, ,i d 1 s
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" -` • or of Pueblo, olorado
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STATE OF COLORADO )
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COUNTY OF PUEBLO )
T?foregoing instrument was acknowledged before me this % Z`t day of
pit2nnLtA , c G', ,A by AJ/C6C(4S 'rac//Sa/\ , as
Mayor of Pueblo, Colorado, and m rSec E-fc,//c> as City Clerk of the City of
Pueblo, Colorado.
Witness my hand and official seal.
My commission expire : /cl' 14
_
TAMMY A.MARTINEZ L-cL: \YG'
--C.
TACUBUC ary Public
OLORADO
NOTARY ID 20164028200
MYiellMOWIMM7? O34ORM:
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Gilbert Ortiz Clerk/Recorder. Pueblo County. Co
II!
City Attorney fel
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Gilbert Ort■iz Clerk/Record eIr, IIPue1bloLC.Iorunty I Co
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Subdivision Improvements Agreement
Exhibit "A"
LEGAL DESCRIPTION:
PARCEL A: ALL THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 14,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF PUEBLO,STATE
OF COLORADO, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE EAST ALONG THE NORTH
LINE OF SAID SECTION, 66 FEET;THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 407
FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID
SECTION, 55 FEET;THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID SECTION, 120 FEET;
THENCE NORTH AND PARALLEL WITH THE WEST LINE OF SAID SECTION, 55 FEET; THENCE WEST 120
FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF PUEBLO,STATE OF COLORADO.
PARCEL B: ALL THAT PORTION OF THE NORTHWEST 1/4 OF SECTION 14,TOWNSHIP 21 SOUTH, RANGE
65 WEST OF THE PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14,TOWNSHIP 21 SOUTH, RANGE 65
WEST OF THE 6TH PRINCIPAL MERIDIAN;THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14,A
DISTANCE OF 66 FEET TO A POINT;THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID SECTION
14,A DISTANCE OF 264 FEET TO A POINT OF BEGINNING;THENCE SOUTH AND PARALLEL TO THE WEST
LINE OF SAID SECTION 14,A DISTANCE OF 143 FEET TO A POINT; THENCE EAST AND PARALLEL TO THE
NORTH LINE OF SAID SECTION 14,A DISTANCE OF 120 FEET TO A POINT;THENCE SOUTH AND PARALLEL
TO THE WEST LINE OF SECTION 14,A DISTANCE OF 55 FEET TO A POINT;THENCE EAST AND PARALLEL
TO THE NORTH LINE OF SECTION 14,A DISTANCE OF 507 FEET TO A POINT;THENCE NORTH AND
PARALLEL TO THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 198 FEET TO A POINT;THENCE WEST
AND PARALLEL TO THE NORTH LINE OF SAID SECTION 14,A DISTANCE OF 627 FEET TO THE POINT OF
BEGINNING, COUNTY OF PUEBLO, STATE OF COLORADO. CONTAINING 2.844 ACRES,ALSO KNOWN AS
PARCEL 1514200051 IN THE RECORDS OF THE PUEBLO COUNTY ASSESSOR.
CONTAINING A CALCULATED AREA OF 123,895 SQUARE FEET OR 2.844 ACRES.
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of 10 R 58.00 D 0T .00
Gilbert Ortiz C.1erk'Recorder; Pueblo.00 308.
,1 Co
■111caFri 1V IA',ilk.), 11111
STOUT SUBDIVISION
Subdivision Improvement Agreement
Itemzied Pricing: Exhibit "B"
ONSITE IMPROVEMENTS
Detenion Facility
Outlet Structure 1 EA $ 2,000.00 $ 2,000.00
Grading 0.39 Acre $ 18,165.00 $ 7,084.35
Vegetation 0.39 Acre $ 13,150.00 $ 5,128.50
CMU Pond Wall and Footer 637 LF $ 40.00 $ 25,480.00
SUBTOTAL $ 39,692.85
Rip Rap Including Filter Fabric
Service Line 25 CY $ 55.00 $ 1,375.00
SUBTOTAL $ 1,375.00
SANITARY SEWER
Service Line 1 EA $ 1,200.00 $ 1,200.00
SUBTOTAL $ 1,200.00
WATER
Service Line 1 EA $ 600.00 $ 600.00
Fire Hydrant Assembly 1 EA $ 3,250.00 $ 3,250.00
SUBTOTAL $ 3,850.00
Best Management Practices(BMP's)
Silt Fence 1650 LF $ 3.50 $ 5,775.00
Vegetation 2.26 Acre $ 1,300.00 $ 2,938.00
SUBTOTAL $ 8,713.00
TOTAL $ 53,455.85
EXHIBIT "B" STOUT SUBDIVISION
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Gifb=-t Ortiz Clerk'Pecorder Pueblo :aunty Co
•ii l ,i r Y1 ,Mt iIM 11111 11111,1111161 Kirir 111
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: Stout Subdivision
DEVELOPER: D L Land LLC
ENGINEER: Joseph V. Gagliano
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit"B")
See Attached "Subdivision Improvement Agreement Itemized Pricing: Exhibit `B"'
This is an estimate only. Actual construction costs may vary.
PREPARED BY: Joseph V. Gagliano
FIRM: Gagliano Engineering 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. SEA....4";,....4";,'\)° REG/5,"` 14f- A„.' ° j 1 2127-
mac;',. N GAG1.61e% Profession Engineer ate
• 00 +i
37210
• .
•• :
/ yy i V
Y i
REVIEWED BY: OA 2-
Director of Public Works Date
DPW 101
Reception 2291311
09/16/2022 03:29:54 PM
STORMWATER FACILITY MAINTENANCE
AGREEMENT
This Stormwater Maintenance Agreement is entered into this 2v day of (.9
202Z,by and between Pueblo,a municipal corporation("the City")and D L Land,LLC
it CoL- It4'Po [.,..Ir7L`O zaksiLiTy Coro/044Y (the"Owner"),and collectively referred to
as the"Parties".
RECITALS
WHEREAS,Owner owns certain real property located in the City of Pueblo legally described as follows:
NW4 14-21-65: BEG NW COR SEC 14 TH E 66.00 FT TH S 407.00 FT TO PT OF BEG TH S 55.00 FT
TH E 120.00 FT TH N 55.00 FT TH W 120.00 FT TO PT OF BEG(CONTG 0.151A)ALSO BEG NW
COR SEC 14,TH E 66.00 FT TH S 264.00 FT TO PT BEG TH E 627.00 FT TH S 198.00 TH W 507.00
FT TH N 55.00 FT TH W 120.00 FT TH N 143.00 FT TO PT OF BEG FORMERLY#15-142-00-011 +
012
and more commonly known as Stout Subdivision (the"Property");and
WHEREAS,a Drainage Report and Plan("Plan")for the Property has been approved by the City subject
to and conditioned upon faithful performance by Owner of all duties created by this Agreement;and
WHEREAS,said Plan provides for stormwater management facilities including such facilities intended to
reduce,detain,convey,and manage stormwater runoff and also water quality facilities(collectively referred to
as"Facilities");and
WHEREAS,the Facilities shown on the Plan shall be constructed and adequately maintained by the Owner;
and
WHEREAS,the City requires that the Owners submit an Operation and Maintenance Manual("0&M
Manual")as specified by the City.
NOW,THEREFORE,in consideration of the foregoing and mutual covenants contained herein,the sufficiency
of which is mutually acknowledged,the Parties agree as follows:
AGREEMENT
1. The Owner shall maintain the Facilities as described in the Plan to ensure that such Facilities are and
will remain in proper working condition in accordance with the approved 0&M Manual and other
applicable legal requirements.Maintenance shall include,but not be limited to,routine landscaping,
sediment removal,repair,reconstruction,or replacement of the Facilities as necessary to meet the
requirements of this Agreement.
2. The maintenance of the Facilities shall be performed in accordance with the 0& M Manual
for the Facilities.
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Gilbert U-tiz Cierk;Recot er. Pueblo County, Co
VIII %Itk Ift aih '11410V11F41111''1111'h611114i •I III
3. The Owner shall cause the inspections of the Facilities to be conducted as follows:
a. The Owner agrees to cause inspections of the Facilities,at the Owner's expense at least once
every calendar year.
b. An inspection report for the facilities shall be submitted in writing to the City for each calendar
yearby no later than April I"of the following year.The inspection report shall be in accordance
with the requirement set forth in the 0&M Manual.
c. The Owner agrees to perform promptly all needed maintenance and repairs and report such activity to
the City pursuant to the 0&M Manual.
4. The Owner,hereby,grants,bargains and conveys to the City,officers, agents,and employees an easement
over the Property for access from public rights-of-way,abutting private roadways,and/or private
driveways,to the Facilities for the purpose of inspecting,operating,installing,constructing,
reconstructing,maintaining,repairing or replacing the Facilities to the extent that the Owner fails to do so
and as necessary to ensure their proper working condition as provided in paragraphs one and twoabove.
5. In the event the Owner fails to inspect,report,or properly maintain the Facilities within thirty(30)days
after written notice by the City of such deficiencies to the Owner,the City may enter upon the Property
and take whatever steps it deems necessary to maintain or repair the Facilities and bill the owner for such
expense plus an administrative charge of 15%. However,if the Owner's failure to properly maintain the
facilities could cause damage to property,loss of life or violation of a NPDES MS-4 Permit,the City may
take immediate action,without notice to the Owner,to maintain or repair the Facilities. It is expressly
understood and agreed that the City is under no obligation to maintain or repair the Facilities,and in no
event shall this Agreement be considered to impose any such obligation on the City.
6. The Owner agrees that it will not at any time dedicate the Facilities to the public,to public use or to the
City without the City's written consent,nor will it subdivide or convey the Property without a covenant
providing that a proportional share of the cost of maintenance and other costs associated with any other
of the obligations and duties contained herein runs with each subdivided part of the original tract or parcel
of land.
7. In an event of emergency involving the Facilities,the City,its officers,agents,and employees may enter
immediately upon the Property and take whatever reasonable steps it deems necessary to meet the
emergency.The City shall notify the Owner of such emergency and entry as soon as possible but in no
event later than twenty-four(24)hours after such entry.Alternatively,the City may notify the Owner by
phone to take whatever reasonable action is necessary within a specified time period. Should the Owner
fail to respond,or should the Owner inform the City that it intends to not respond within the specified
period of time,the City,its officers,agents,and employees may enter immediately upon the emergency.
8. The City shall not pay any compensation at any time for its use of the Property in any way necessary for the
inspections and maintenance of the Facilities,including access to the Facilities.
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Gilbert Ortiz Clerk/Recorder. Pueblo County. Co
1111
9. In the event the City,pursuant to this Agreement,performs work or expends any funds reasonably
necessary for the maintenance or repair of the Facilities,including labor,equipment,supplies and materials,
the Owner agrees to reimburse the City within thirty(30)days after the City gives the Owner written
notice of such expense.If the Owner or its successors or assigns fail to make timely payment as required
herein,interest on such payment shall accrue at the rate of 1.5%per month until paid in full.
10. Any amount owed to the City and not paid within thirty(30)days of notification shall be the joint and
several obligation of any owner of record of the Property or any portions thereof served by the Facilities
and any successors in interest to such owner on the date such maintenance or repair was performed.
11. The Owner,its successors,and assigns shall indemnify and hold harmless the City,its officers,agents,and
employees for any and all damages,accidents,casualties,occurrences or claims which might arise or be
asserted against the City arising out of or resulting from the construction,presence,existence of
maintenance or use of the Facilities.The Owner shall notify the City when the Owner transfers its interest
in the Property or any portion thereof. The Owner shall provide the City with a copy of any such deed.
12. The responsibilities and obligations of the Owner shall constitute a covenant running with the land,and
shall be binding upon all present and subsequent owners,their administrators,executors,assigns,heirs,and
any other successors in interest so long as they own an interest in the Property or any portion thereof served
by the Facilities.
13. The Owner acknowledges that any future site plan,master plan,drainage plan or other process determined
by the City to be a final plan,shall include the following language: "The property owner,its successors,
and assigns shall be responsible for maintenance of the Stormwater Facilities pursuant to the Operations
and Maintenance(0&M)Manual and all permanent Best Management Practices(BMPs).Requirements
include,but are not limited to,installing the specified BMPs contained in the Drainage Reportand Plan and
maintaining the Facilities as shown in the 0&M Manual as approved by the City. If the Facilities are not
properly maintained,the City may provide necessary maintenance and assess the cost to the Owner of the
property in accordance with the Stormwater Facility Maintenance Agreement approved by the City and
recorded at the Pueblo County Clerk and Recorder's Office."
14. This Agreement shall be recorded at the Pueblo County Clerk and Recorder's Office.
15. In the event either of the Parties hereto files a lawsuit to enforce the terms of the Agreement,theprevailing
party shall be entitled to its reasonable costs and attorney fees.
[Remainder of this page left intentionally blank]
IN WITNESS WHEREOF,the City and the Owner have executed this Agreement on the date set forth
above.
CITY: /
By: _ JAJ L
Stormwate l i`a or,City of Pueblo,Colorado(§16-12-10(d),P.M.C.)
Approved as to Form:ilVA
City Attorney,City of Pueblo,Colorado
Colorado
OWNER:
D L Land1LLC ,a Colorado Limited Liability Compan) (corp/11c,indicate)
By: Doug Stout as Managing Member of D L Land,LLC
,as
Or(if non corporate entity/
4,47-AW
(The Acknowled emen (notarization)will vary for Owner depending on if Owner is an individual,corporation,
partnership,etc.Also,where there is a mortgage on the property,the mortgage holder must sign the Subordination
section of this Agreement)An Affidavit of Authority/Incumbency to execute shall be supplied for any entity.
22913111 p09//16//2f6 R 32 p03:20:54•00 TM38t1.00 6 ty r I
Fa e CIPIN I■ I4 I rinith1101
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1 1g!'%t lll l litt VII
III
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Gilbert Ortiz Clerk/Recorder, cueblo County. Co
■ill PAITKilhf:+,li4:k'er.0141 1071111 f4 iO 11111
ACKNOWLEDGEMENT
(For a limited liability company)
STATE OFDboftaD0
ss.
COUNTY OF ?U6 1-4 )
_871/ Net
The foregoing instrument was acknowledged before me this J>yob' 1r by DOt G -STcJ f (name
of manager(s))as manager(s)of 1) C.. L Vl N LLC (name of limited liability company) a
C040kx/W (state of organization),limited liability company.
Witness my hand and official seal.
My commission expires: fir9y zap
(SEAL) , )
Notary Public(or official title)
JUSTIN W ESPINOZA
Notary Public
State of Color: :
Notary ID#201040
My Commission Expires 4`:- 2026
x:29:54 PM
2291311 09t1.5 ,00 R2330 0.00 T 33.00t. Co
11111
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1 re.l: ; ,#1 „ ',
PG-,\ 0100'411
0
l' W I III
RATIFICATION OF PLAT
FOR VALUE RECEIVED,the undersigned being the owner of indebtedness
secured by a deed of trust recorded February 27 , 2020 , in Book n/a
at Page n/a , Reception Number 2170175 , does hereby ratify
and consent to the subdivision of the land platted as
Stout Subdivision shown on the Subdivision Plat recorded by
Reception Number in the records of Pueblo County, Colorado, and
confirms and joins in the dedication of all streets, easements, rights of way and access
restrictions shown thereon and subordinates its interest in the property described in the
Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto
between the Subdivider and City of Pueblo executed in conjunction therewith.
0D j
Signed this I day of J CSN C , a
Bank of the San Juans, Division of Glacier Bank
Company Name
By: OW/466v 7
Dominic Gallina
Title: Vice President
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this \ Lk day of
L)(A.Rt- , 202\ by ba`A10 C1U.A-ViV )1/4 as
V 1 r t S\dem- of F,C Id_ p{ e SU aians.
My Commission Expires: 1 l ac'I D1t
LAURA ANN SUTHERLAND L " "vl i-'' `
NOTARY PUBLIC La"
STATE OF COLORADO NotaryPublic
NOTARY ID#20204004188
DPW 107 MY COMMISSION EXPIRES JAN,29,2024
02/05/02