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Home My WebLink About04982 . ' 695782 /:'i f-in ; jut_ `j 1982 BOOK2120 PACE 726 NO. RECORDED PUEBLO COUNTY, COLORADO ORDINANCE NO. 4982 AN ORDINANCE APPROVING THE PLAT OF BENFATTI SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL Oso PUEBLO, COLORADO, that SECTION 1. The final plat of Benfatti Subdivision, being a subdivision of land described as follows: All of Lots 11 through 26, both inclusive, in Block 4 in Avondale, an addition to the City of Pueblo, Colorado, according to the recorded plat thereof, filed for record August 16, 1089, together with that part of the vacated alley adjacent to said lots and that part of vacated Pittsburg Avenue adjacent to said lots 19 through 26, both inclusive, more particularly described as follows; Beginning at the Southwest corner of Lot 11 of said Block 4, said corner being in the Easterly right-of-way line of Interstate 25; thence Northerly along the Westerly line of Lots 11 through 18, both inclusive, of said Block 4 and along the Easterly right-of-way line of said Inter- state 25, a distance of 200.40 feet to the Northwest corner of Lot 18 of said Block 4 thence easterly along the north lines of Lots 13 and 19 of said Block 4 and along said North lines produced across the vacated alley in said Block 4 and across vacated Pittsburg Avenue adjacent thereto, a distance of 290.75 feet to a point on the Westerly right-of-way line of the Denver and Rio Grande Western Railroad Company; thence Southwesterly along the Westerly right-of-way line of said Railroad Company, a distance of 203.447 feet to an intersection with the produced South line of Lot 26, of said Block 4; thence Westerly along the South line of Lots 26 and 11 of said Block 4 and along said South lines produced across the vacated alley in said Block 4 and across vacated Pittsburg Avenue adjacent thereto, a distance of 2.72.185 feet to the point of beginning, containing 1.39 acres, is hereby approved; and all streets, utility and drainage easements, rights- of-ways, and lands set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted as public streets, rights-of- ways, utility and drainage easements, and public sites, parks and open spaces. SECTION 2. The acceptance of the dedication of streets, rights-of-ways, utility and drainage easements, and public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until said streets, rights-of-ways, utility and drainage easements, and public sites, parks and open spaces have been constructed and installed in compliance and in accor- dance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended, and any agreement entered into pursuant thereto �►, B00K 2120 PACE 727 SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUC'ID June 14 , 1982 By _ DOUGLAS L. RING Councilman APPROVED Melvin H. Takaki , D.D.S. President of the Council ATTEST: Lucy J. Costa City Clerk I , Lucy J. Costa, City Clerk of the City of Pueblo, Colorado, do hereby certify that the above is a true and correct copy of Ordinance No. 4982 , passed and approved by the Council of Pueblo on June 28 , 1982 , and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 30th day of June , 1982. ++ r �' r h` c , �ba�a A 0, • ` —� it Clerk (S E 'A'' L) ,4 Y + ' • +� 5/23/82 (• 695783 v BOOK 2120 PAGE 728 g0. RECORDED k 3 3 IDJUL 7 1982 PUEBLO COUNTY. COLORADO r AGREEMENT THIS AGREEMENT, made this 107,4 day of /92 , A. D. 19 g �� by and between PUEBLO, A MUNICIPAL CORPORATION, hereinafter referred to as the City, and Joseph A. Benfatti, Sr. , Joseph A. Bentatti, Jr. , Vincent J. Benfatti and Michael J. Benfatti, hereinafter referred to as the Subdivider, WITNESSETH: • WHEREAS, the Subdivider has subdivided or is about to subdivide the follow- ing described parcel of land lying and situate within the County of Pueblo and State of Colorado, to-wit : SEE ATTACHED • which land, when subdivided, will be known and described as Benfatti Subdivision; and, WHEREAS, the Subdivider desires to install the improvements required by Title ' 12-4-7( J) of the 1971 Code of Ordinances of the City of Pueblo in accordance with Alternative 4 set forth therein; now, therefore, That in consideration of the keeping and performance of covenants of the Sub- divider as hereinafter set forth, the City hereby covenants and agrees: To release individual parcels of land from the terms of this Agreement from time to time as deposits are paid in accordance with the provisions of said Alter- native 4 of Title 12-4-7(J) of the 1971 Code of Ordinances of the City of Pueblo. In consideration of the keeping and performance of the covenants of the City hereinabove set forth, the Subdivider hereby covenants and agrees as follows: To install all improvements in the above described parcel of land or subdivi- sion as required by Title 12-4-7( J) of the 1971 Code of Ordinances of the City of Pueblo in the manner and upon the terms set forth in Alternative 4 thereof, to-wit: "( ( )(e) ( i ) Alternative 4: Enter into an agreement with the City in writing to be recorded and to run with the land whereby within one hundred eighty ( 1801 days after application for a building permit to construct any building or structure upon any building site within the Subdivision, or upon the issuance of a certifi- cate of- occupancy for any such building or structure, whichever is sooner, the Sub- divider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company in the State of Colorado subject to an escrow agreement whereby the holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time for completion of all required improvements by the Subdivider or subsequent owner shall have expired which deposit or escrow agreement shall be hereinafter referred to as the deposit. ( ii ) The amount of the deposit shall be computed as follows: The City Engi- neer shall estimate the total cost of all uncompleted improvements required by this section within the block at the time application for building permit is made. The . amount of the deposit required by this alternative shall be not less than 253 of such estimate, plus the estimated cost of extending all required sewer and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the cost of extending curb, gut- ter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature whichever is nearer to the proposed building site. In any case, where the block, as hereinafter defined, shall exceed one thousand ( 1 ,000) feet in length between intersecting streets, the estimate of the City Engineer under this section may be reduced to the total cost of all uncompleted improvements in at least one-half of such block, and the required deposit shall be based upon such • i BOOK 2120 PAGE 729 • decreased estimate, provided, however, the Subdivider shall undertake to provide a turn-around of at least sixty (60) feet diameter at the mid-block point and bar- ricade said street so that no through traffic shall be permitted beyond the point to which the City Engineer's estimate is based. I • ( iii ) 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 is sooner, the applicant shall likewise deposit an amount not less than the Engineer's estimate for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. ( iv) Upon payment of each such deposit, the City Engineer shall release the proposed building site from the terms of the Subdivider's agreement. ( iv-1 ) Failure to deposit. In the event the Subdivider or any subsequent owner of the land shall fail to complete such improvements or make such deposit within the required time, no further building permits shall be issued to the Sub- divider or the subsequent owner or to any other person to build or construct any building or structure in such subdivision until such default is remedied. In addition thereto, 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 said subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time within two years after such default. Action upon such debt may be instituted by the City within one year from the date of filing such lien for record. All remedies provided for herein are cumulative and the use of one shall not prohibit the use of another. (v) The required time for completion of all such_ improvements by the Sub- divider within such block shall be one year from the date of application for the first building permit issued within such block. Upon completion of such improve- ments within the required time and the payment of all •.inspection costs by the Sub- divider, the Engineer shall cause all obligations of the Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Engineer may cause the proceeds of all deposits or ether collateral or monies in escrow to be used to complete the • same. If insufficient monies be available at the end of the required time to .com- plete all such improvements herein required for the entire length of such block, the Engineer shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance, who shall hold the same in a special fund to await the completion of all such improvements within said block. If said improvements are completed within ten years, the Director of Finance upon order of the Engineer shall refund said monies, without interest and less 10% of the principal of such fund for each full year which shall have expired since the creation of such fund which shall be forfeit. If such improvements shall not be completed within ten years from and after the date of the creation of such special fund, the entire sum shall be forfeit and free of all claims and de- mands of the Subdivider or subsequent owner. Such forfeited sums shall be trans- ferred by the Director of Finance to the surplus and deficiency fund created by Charter. (vi ) For, the purpose of this alternative, the word "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or • structure shall front to the rear property line of such lots, or the centerline of the alley, if there be an alley, and 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." " This agreement shall extend to and be binding upon the successors and as- • signs of the City and upon the heirs, administrators, executors and successors i l - 2 - • I ' • BOOK 2120 FACE 130 and legal representatives of the Subdivider, and shall be placed on record 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 herein— above set forth. IN WITNESS tM-IEREOF, the parties hereto have caused this aareernent to be executed and attested by its duly authorized and acting officers and the seal of the respective corporation set hereon. • By T, gLJ 7/ �id-sV-1;---/ �� G� Subdi vpier 4." By u Subdivide r 1 rI BY /./4 ,7 /7.7 ,,,,!.. --" Subdivider BY ", 1� lI �r��,,jj''1'' -2 s g% --- S ividerk STATE OF COLORADO, ) • ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this 031e day of n/ , 193 2- by -Tosco At-w17�77/I se) c s aif A, 1S (Ar1!e ? , V/•,c-c•-r-7' 7 13E�fP771 AA,o a� e - , - f!')lCNAft 7 Q. l F#77J ) (Subdivider5). QPM f, KOesi, . * NOTARY P (-- . -4.0_ . 61-1) �t * Notary Public PUBLIC J ) Myj} , expires: i%J-s- • - 3 — • BOOK 2120 PAtt 131. CITY OF PUEBLO • By e // resident of the Ccunci • ATTEST: fr s .40 t ) ( C t / Clerk APPROVED AS TO FORM: CLtt//71-iet;fi-‘- y fey STATE OF COLORADO, ) ) ss. COUNTY OF PUEBLO. -177-st The foregoing instrument was ackncwledged before me this , day of / , A. D. 19 iz -2 by as President' of the City Council , and e as City Clerk of the City of Pueblo, Colorado. ) „ Notary Public ": r ' ) 7 cream sst exp i res: ,t r , •.... •• •' •..•4404'4. • - 4 • BOOK 2120 WAGE 732. • 2-72?7-,--(-) 2,c G, a-L -tsc All of Lots 11 through 26 both inclusive in Bloc?c 4 in Avondale an addition to the City of Pueblo, Coloralio, according to the, recorded plat thereof, filed for record August 16, 1889, together with `;that - part of the vacated alley adjacent to said lots and that part 'of vacated Pittsburg Avenue adjacent to said lots 19 through 26, both inclusive, more particularly described as follows : Beginning at the Southwest corner of Lot 11 of said Block 4, said corner being in the Easterly right-of-way line of Interstate 25 ; thence Northerly along the Westerly line of Lots 11 through 18, .both inclusive, of said Block 4 and along the Easterly right-of-way -line of said Interstate 25, a distance of 200.40 feet to the Northwest corner of Lot 18 of said Block 4 ; thence Easterly along the North lines of Lots 18 and 19 of said Block 4 and along said North lines produced across the vacated alley in said Block 4 and across vacated Pittsburg Avenue adjacent thereto, a distance of 290 . 75 feet to a point on the Westerly right-of-way line of The Denver and Rio Grande Western Railroad Company; thence Southwesterly along the Westerly right-of-way line of said Railroad Company, a distance of 203 .447 feet to an intersection with the produced South line of Lot 26, of said Block 4 ; thence Westerly along the South line of Lots 26 and 11 of said Block 4 and along said South lines produced across the vacated alley in said Block 4 and across vacated Pittsburg Avenue adjacent thereto, a distance of 272 . 185 feet to the Point of Beginning . Containing 1 .30 Acres . • • a % °\ • — 5 -