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HomeMy WebLinkAbout06625Reception 1479623 01/15/2003 ORDINANCE NO. 6625 AN ORDINANCE APPROVING THE PLAT OF PARKSIDE ESTATES AT BOULEVARD PARK BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Parkside Estates at Boulevard Park Subdivision, being a subdivision of land legally described as: The Northwest Quarter of the Northeast Quarter of Section 27, all in the Township 20 South, of Range 65 West of the Sixth Principal Meridian, except that portion deeded to Pueblo, a Municipal Corporation in deed recorded August 23, 1967 in Book 1620 at Page 671, County of Pueblo, State of Colorado. More particularly described as follows: Basis of Bearings: the line between the Northwest corner of the Northeast Quarter and the Southwest corner of the Northwest quarter of the Northeast Quarter is assumes to bear N00 °44'57 "E. Commencing from the Northwest corner of the Northeast Quarter of Section 27, Township 20 South, Range 65 West of the Sixth Principal Meridian on a bearing of S00 °44'57 "E, a distance of 29.90 feet to a point on the South right -of -way of 22nd Street being the point of beginning; thence Easterly along said South right -of -way line N88 °43'15 "E, a distance of 1297.03 feet; Thence S00 °49'50 "E, a distance of 1256.22 feet; thence S88 0 37'26 "W, a distance of 1298.87 feet; thence N00 °44'57 "W, a distance of 1279.84 feet to the point of beginning, containing a calculated area of 3 8. 10 acres, is hereby approved, and 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. t41 ' V TTE � r \T. INTRODUCED f QW=ber 77, 2000 By &,�, c APPROVED I President of the Council PASSED AND APPROVED December 11 2000 11/8/00 Reception 1479625 01/15/2003 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded September 28 2000 , in Book at Page Reception Number 1351904 , does hereby ratify and consent to the subdivision of the land platted as Parkside Estates @ Boulevard Park shown on the Subdivision Plat recorded by Reception Number (,,4 in the records of Pueblo County, Colorado, and confmns 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. Signed this 17th day of May 2002 Western National Bank Company Name It y: -w _ • _ a STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of zy 4U by 4 P , f as of e MY COMMISSION O( Q y�.•••' ••• My Commission Expires: 07/3o✓2p � /( / / / //�(�►� z � ; • ': Y F 1vUtarylyu011c rf�dj OF COQ DPW 107 (�(/ 02/05/02 Reception 1479626 01/15/2003 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness modification of secured by a deed of trust recorded March 21 2002 , in Book at Page , Reception Number 1430726 , does hereby ratify and consent to the subdivision of the land platted as Parkside Estates @ Boulevard Park shown on the Subdivision Plat recorded by Reception Number 1 4 79 (oa ( 4 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. Signed this 17th day of May 2002 Western National Bank Company Name By: tigh Kilt Title: Vi ' Presid ht STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this` z CJ(/ /� by ! } 4 A A MY COMMISSION EXPIRE+ My Commission Expires: 07/30/2005 day of as - • S o PTARY 2 'UBLIC ,�, OF CO DPW 107 02/05/02 Reception 1479627 01/15/2003 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on February 8 2002 ' between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Calico Homes , Inc.. a Colorad 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 Parkside Estates @ Boulevard Park ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XH of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4-7 (n of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XH of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of 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 10/21/98 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 costs 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 (' /z) 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 recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 10/21/98 2 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12-4 -7 (n of the 1971 Code of Ordinances, 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 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 fast 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 complete 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 DPW 101 10/21/98 3 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 the Required Public Improvements. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor 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 therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Cleric 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 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 DPW 101 10/21/98 4 lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. 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 consti ith the land until released as described above. The parties have caused this Agreement to be executedwA att y its duly authorized and acting officer. Subdivider � corpo (SEAL) LM John Rant`is. President STATE OF COLORADO COUNTY OF PUEBLO DPW 101 10/21/98 ) ss. 5 The foregoing instrument was acknowledged before me on February 8 f 2002 b John Raptis, President, Calico Homes, Inc., a Colorado corpora Subdivider. My commission expires: 1 /o} .. e l I 1 CITY O PUEBLO, aMunicipal Corporation Presi t of the Council STATE OF COLORADO ) ) ss. COUNTY OF COLORADO ) by The foregoing s acknowledged before me on T)eePr'nbT i( P 2� as President of City Council, and as City Clerk of the City of Pueblo, Colorado. ........ �`G� :�S My con]mgsion expires: r� A O -y��. figL�GP OF co1. (SEAL) My Commission Expies 08!21/2003 APPROVED AS TO FORM: 7 City Attom �—" DPW 101 10/21/98 SUBDMSION IMPROVEMENTS AGREEMENT Exhibit "A" PARKSIDE ESTATES AT BOULEVARD PARK, A SPECIAL AREA PLAN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN THE NORTHWEST CORNER OF THE NORTHEAST QUARTER AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, IS ASSUMED TO BEAR N00 °44'57 "W. COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN ON A BEARING OF S00 0 44'57 "E, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF 22 STREET BEING THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTH RIGHT -OF -WAY LINE N88 0 43'15 "E, A DISTANCE OF 1297.03 FEET; THENCE S00 °49'50 "E, A DISTANCE OF 1277.63 FEET; THENCE S88 °37'26 "W, A DISTANCE OF 1298.87 FEET; THENCE N00 °44'57 "W, A DISTANCE OF 1279.84 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 38.10 ACRES. SUBDIVISION IMPROVEMENT AGREEMENT --- SUBDMSION NAME: Parkside Estates @ Boulevard Park DEVELOPER: Calico Homes, Inc. PHASES I - IV TABLE OF COSTS Phase I - $221,768.91 Phase II - 786,685.24 Phase III - 840 Phase IV - 608.080.76 $2,457,402.45 This estimate only. Actual Constructions Cost may vary. PREPARED BY: Bryan T. Law FIRM: Law & Mariotti Consultants, Inc. The undersigned hereby certifies that (i) the quantities of construction elements shown here on accurately de tities necess construct the Required Public Improvements t ces hereon a most current unit provided by the City of Pueblo P a °"• • [P.E. SEAL] �' O' ° -z— Professional Engineer Date z REVIEWED °..••° ��'� 7 /O2 City of Pueblo Date SUBDIVISION IMPROVEMENT AGREEMENT f W14:1I Ifii:N SUBDIVISION NAME: Parkside Estates @ Boulevard Park DEVELOPER: Calico Homes, Inc. PHASE: I, 17 R -2 Lots, consisting of Lots 45 - 52, Block 1 and Lots 1 - 9, Block 2. A. STREETS - 22n Street from the west edge of Block 52, Block 1, to the east edge of Lot 9, Block 2 1) Pavement a) 3" asphalt on 12" base, 44' fl to fl 22" Street 4,791.11 @ $23.50 S.Y. _ b) 3" asphalt on 8" base, 36' fl to fl Wesley Drive 400.00 @ $19.50 S.Y. _ 2) Concrete a) Curb & gutter, 22n Street Wesley Drive b) 4" concrete c) Handicap ramps d) 7" concrete e) Square pan radius 1,960.00 @ $10.00 L.F. _ 200 @ $10.00 L.F. _ walks are included with home construction rumps are included with home construction 300 @ $3.80 S.F. _ 1 @ $4.25 S.F. _ 3) Sanitary Sewer a) Service lines, 60' ROW 22n Street 4) Water a) Fire hydrant assembly 22n Street b) Service lines, 60' ROW 22n Street 5) Monument Boxes 6) Street Lights 17 @ $787.00 each = 1 @ $2,700.00 each = 17 @ $500.00 each = 2 @ $575.00 each = 4 @ $1,300 each = $112,591.11 7,800.00 19,600.00 2,000.00 0.00 0.00 1,143.80 5,100.00 13,379.00 2,700.00 8,500.00 1,150.00 5,200.00 7) Street Name Signs & Stop Signs a) T- intersection 1 @ $200.00 each = 200.00 Phase I, Page 1 (01/25/02) 8) Barricades 1 @ $1,125.00 each= 1,125.00 B. DRAINAGE 1) Storm Sewer a) 18" pipe b) Manhole, 60" diameter 2) Channel - N/A 980 @ $36.00 L.F. _ 3 @ $2,000.00 each = TOTAL 35,280.00 6,000.00 0.00 0.00 0.00 0.00 $221,768.91 3) Detention Facility - N/A 4) Rip Rap - N/A C. PARKS - N/A Phase I, Page 2 (01/25/02) SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION NAME: Parkside Estates @ Boulevard Park DEVELOPER: Calico Homes, Inc. PHASE: H, 32 R -2 Lots, consisting of Lots 7 - 11, Block 5; 1 -5, 16 - 20 & 22 - 25, Block 6; and 1 - 14, Block 7. A. STREETS - 18"' Street from Spaulding Avenue to the east side of Lot 10, Block 7, Spaulding Avenue from the south side of the subdivision to the north side of Lot 7, Block 5, Carrie Drive from 18' Street to the north side of Lot 11, Block 5, New Park Court from 18' Street ending in a cul -de -sac at the south side of Lot 10, Block 6, Ruberson Drive from 18' Street to 19" Street, and 19" Street from the west side of Lot 5, Block 6, to the east side of Lot 9, Block 7. 1) Pavement a) 4" asphalt on 16" base, 44' fl to fl 18"' Street 6,532.39 @ $29.50 S.Y. _ $192,705.51 b) 3" asphalt on 16" base, 44' fl to fl Spaulding Avenue 2,122.27 @ $27.50 S.Y. = 58,362.43 c) 3" asphalt on 12" base, 44' fl to fl 22' Street 782.22 @ $23.50 S.Y. = 18,382.22 d) 3" asphalt on 8" base, 36' fl to fl 19" Street 1,826.28 @ $19.50 S.Y. = 35,612.46 e) 3" asphalt on 7" base, 36' fl to fl Ruberson Drive 1,116.96 @ $18,50 S.Y. = 20,663.76 f) 3" asphalt on 6" base, 36' fl to fl Carrie Drive 412.16 @ $17.50 S.Y. = 7,212.80 New Park Court 1,116.60 @ $17.50 S.Y. = 19,540.50 2) Concrete a) Curb & gutter, 18' Street 2 @ $10.00 L.F. = 24,923.40 Spaulding Avenue 708.20 @ $10.00 L.F. = 7,082.00 22' Street 320.00 @ $10.00 L.F. = 3,200.00 Carrie Drive 200.24 @ $10.00 L.F. = 2,002.40 Phase II, Page 1 (01/25/02) New Park Court 558.30 @ $10.00 L.F. = 5,583.00 Ruberson Drive 558.48 @ $10.00 L.F. = 5,584.80 10 Street 793.14 @ $10.00 L.F. = 7,931.40 b) 4" concrete, park, school, pond 7,450.00 @ $2.50 S.F. = 18,265.00 4" concrete walks are included with home construction 0.00 c) Handicap ramps ramps are included with home construction 0.00 d) 7" concrete 1,200.00 @ $3.80 S.F. = 4,560.00 e) Square pan radius 4 @ $4.25 S.F. = 19,380.00 3) Sanitary Sewer a) 8" main, 0'- 12' depth, 18 Street 1,294.50 @ $32.00 = 41,424.00 Came Drive 56.50 @ $32.00 = 1,808.00 New Park Court 225.00 @ $32.00 = 7,200.00 Ruberson Drive 253.08 @ $32.00 = 8,098.56 b) 48" diameter manholes 9 @ $2,202.00 each = 19,818.00 c) Service lines, 60' ROW 19 @ $787.00 each = 14,953.00 d) Service lines, 80' ROW 13 @ $1,049.00 each = 13,637.00 4) Water a) Main, including valves I e Street 650.00 @ $40.00 L.F. = 26,000.00 Ruberson Drive 412.50 @ $40.00 L.F. = 16,500.00 Carrie Drive 150.00 @ $40.00 L.F. = 6,000.00 New Park Court 250.00 @ $40.00 L.F. = 10,000.00 b) Fire hydrant assembly 5 @ $2,700.00 each = 13,500.00 c) Service lines, 60' ROW 19 @ $500.00 each = 9,500.00 d) Service lines, 80' ROW 13 @ $650.00 each = 8,450.00 5) Monument Boxes 4 @ $575.00 each = 2,300.00 6) Street Lights 9 @ $1,300 each = 11,700.00 7) Street Name Signs & Stop Signs a) 60' ROW T- intersection 3 @ $200.00 each = 600.00 b) 80' ROW T- intersection 2 @ $300.00 each = 600.00 Phase H, Page 2, (01/25/02) 8) Barricades I *am C 9 17\11/_ 0 1) Storm Sewer a) 18" pipe, 18'" Street b) 24" pipe, 18' Street Ruberson Drive c) 30" pipe, 19" Street d) 36" pipe, 19' Street e) Manhole, 60" diameter fl Type "S" inlet - L = 6' g) Type "S" inlet - L = 12' h) Type "S" inlet - L = 15' i) Type "S" inlet - L = 16' j) Type "S" inlet - L = 20' 2) Channel - N/A 3) Detention Facility a) Outlet Structure (4'x 4') b) Grading c) Planting & Vegetation 4) Rip Rap - N/A C. PARKS - N/A 5 @ $1,125.00 each = 5,625.00 50.00 @ $36.00 L.F. = 1,800.00 150.00 @ $48.00 L.F. = 7,200.00 337.50 @ $48.00 L.F. = 16,200.00 100.00 @ $60.00 L.F. = 6,000.00 50 @ $72.00 L.F. = 3,640.00 7 @ $2,000.00 each = 14,000.00 2 @ $2,800.00 each = 5,600.00 2 @ $4,600.00 each = 13,200.00 1 @ $5,500.00 each = 5 2 @ $5,800.00 each = 11,600.00 1 @ $7,000.00 each = 7,000.00 1 11 1 @ $3,000.00 each = 3,000.00 0.83 @ $ 16,000.00 per acre = 13,280.00 0.83 @ $12,000.00 per acre = 9,960.00 1 M 0.00 TOTAL = $786,685.24 Phase II, Page 3 (01/025/02) SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT `B" SUBDIVISION NAME: Parkside Estates @ Boulevard Park DEVELOPER: Calico Homes, Inc. PHASE: Ill, 71 R -2 Lots, consisting of Lots 10 - 18, Block 2; 1- 40, Block 4; 6 - 12 and 21, Block 6; and Lots 1 - 15, Block 3. A. STREETS - Ruberson Drive from 19 Street to 22' Street, Ruberson Court from Ruberson Drive ending in a cul -de -sac, 19' Street from the east side of Lot 6, Block 6, to the west side of Lot 12, Block 6, Wesley Drive from 19' Street to the north side of Lot 18, Block 2, Danae Drive from Ruberson Drive to Wesley Drive, and 22n Street from the east side of Lot 9, Block 2, to the east side of Lot 1, Block 3. 1) Pavement a) 3" asphalt on 12" base, 44' fl to fl 22°' Street 782.22 @ $23.50 S.Y. _ $18,382.17 b) 3" asphalt on 8" base, 36' fl to fl 10 Street 1,816.56 @ $19.50 S.Y. = 35,422.92 Wesley Drive 2,550.64 @ $19.50 S.Y. = 49,737.4 Danae Drive 1 @ $19.50 S.Y. = 37,801.14 c) 3" asphalt on 7" base, 36' fl to fl Ruberson Drive 3,875.08 @ $18.50 S.Y. = 71,688.98 d) 3" asphalt on 6" base, 36' fl to fl Ruberson Court 1,880.06 @ $17.50 S.Y. = 32,901.05 2) Concrete a) Curb & gutter, Ruberson Drive 1,854.18 @ $10.00 L.F. = 18,541.80 Ruberson Court 940.03 @ $10.00 L.F. = 9,400.30 19' Street 848.28 @ $10.00 L.F. = 8,482.80 Wesley Drive 1,155.32 @ $10.00 L.F. = 11,553.20 Danae Drive 969.17 @ $10.00 L.F. = 9,691.70 22"' Street 320.00 @ $10.00 L.F. = 3,200.00 b) 4" concrete walks are included with home construction 0.00 4" concrete, detention facility 1,680.00 @ $2.50 S.F. = 4,200.00 c) Handicap ramps ramps are included with home construction 0.00 Phase III, Page 1 (01/25/02) d) 7" concrete 1,200.00 @ $3.80 S.F. = 4,560.00 e) Square pan radius 4,800.00 @ $4.25 S.F. = 19,380.00 3) Sanitary Sewer a) 8" main, 0' - 12' depth, Ruberson Drive 180.00 @ $32.00 = 5,760.00 Ruberson Court 325.00 @ $32.00 = 10,400.00 Danae Drive 537.50 @ $32.00 = 17 Wesley Drive 344.00 @ $32.00 = 11,800.00 19 Street 472.00 @ $32.00 = 15,104.00 b) 10" main, 0'- 12' depth, Ruberson Drive 748.12 @ $? _ c) 48" diameter manholes 9 @ $2,202.00 each = 19,818.00 d) Service lines, 60' ROW 71 @ $787.00 each = 55,877.00 4) Water a) Main, including valves Ruberson Drive 1,028.77 @ $40.00 L.F. = 41,150.80 Ruberson Court 325.00 @ $40.00 L.F. = 13,000.00 Danae Drive 537.50 @ $40.00 L.F. = 21 Wesley Drive 475.00 @ $40.00 L.F. = 19 19" Street 472.00 @ $40.00 L.F. = 18,880.00 b) Fire hydrant assembly 5 @ $2,700.00 each = 13,500.00 c) Service lines, 60' ROW 71 @ $500.00 each = 35,500.00 5) Monument Boxes 5 @ $575.00 each = 2,875.00 6) Street Lights 11 @ $1,300 each = 14,300.00 7) Street Name Signs & Stop Signs a) 4 -way intersection, 60' ROW 2 @ $300.00 each = 600.00 b) T- intersection 4 @ $200.00 each = 800.00 8) Barricades 2 @ $1,125.00 each = 2,250.00 B. DRAINAGE 1) Storm Sewer a) 18" pipe, Phase 111, Page 2 (01/25/02) 22' Street 160.00 @ $36.00 L.F. = 5,760.00 b) 24" pipe, Danae Drive 575.00 @ $48.00 L.F. = 27,600.00 Wesley Drive 50.00 @ $48.00 L.F. = 2,400.00 19"' Street 487.50 @ $48.00 L.F. = 23,400.00 c) 30" pipe, Ruberson Drive 225.00 @ $60.00 L.F. = 13,500.00 d) 36" pipe, Ruberson Drive 675.00 @ $66.00 L.F. = 44,550.00 e) Manhole, 60" diameter 10 @ $2,000.00 each = 20,000.00 fl Type "S" inlet - L = 10' 1 @ $4,000.00 each = 4,000.00 g) Type "S" inlet - L = 14' 1 @ $5,200.00 each = 5,200.00 h) Type "S" inlet - L = 16' 2 @ $5,800.00 each = 11,600.00 i) Type "S" inlet - L = 18' 1 @ $6,400.00 each = 6,400.00 j) Type "S" inlet - L = 20' 2 @ $7,000.00 each = 14,000.00 k) Type "S" inlet - L = 24' 1 @ $8,200.00 each = 8,200.00 2) Channel - N/A 0.00 3) Detention Facility - N/A 0.00 4) Rip Rap - N/A 0.00 C. PARKS - N/A 0.00 TOTAL $840,867.54 Phase III, Page 3 (01/25/02) SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" SUBDIVISION NAME: Parkside Estates @ Boulevard Park DEVELOPER: Calico Homes, Inc. PHASE: IV, 56 R -2 Lots, consisting of Lots: 1 - 44, Block 1; 1- 6 & 12, Block 5; and 13 - 15, Block 6. A. STREETS - Spaulding Avenue from 22' Street to the south side of Lot 6, Block 5, 19' Street from Spaulding Avenue to the east side of Lot 13, Block 6, 22' Street from the east side of Spaulding Avenue to the east side of Lot 1, Block 1, Danae Drive from Wesley Drive going west to a cul -de -sac, and Carrie Drive from 19' Street to the south edge of Lot 15, Block 6. 1) Pavement a) 3" asphalt on 16" base, 44' fl to fl Spaulding Avenue b) 3" asphalt on 12" base, 44' fl to fl 22°' Street c) 3" asphalt on 8" base, 36' fl to fl 19" Street d) 3" asphalt on 6" base, 36' fl to fl Danae Drive Carrie Drive 2) Concrete a) Curb & gutter, Spaulding Avenue 19 Street 22' Street Danae Drive Carrie Drive b) 4" concrete c) Handicap ramps d) 7" concrete e) Square pan radius 3,862.32 @ $27.50 S.Y. _ $106,213.80 853.16 @ $23.50 S.Y. _ 1 @ $19.50 S.Y. _ 2,063.52 @ $17.50 S.Y. _ 1,066.36 @ $17.50 S.Y. _ 1,520.04 @ $10.00 L.F. _ 859.50 @ $10.00 L.F. _ 269.02 @ $10.00 L.F. _ 1,031.76 @ $10.00 L.F. _ 533.18 @ $10.00 L.F. _ walks are included with home construction ramps are included with home construction 600.00 @ $3.80 S.F. _ 2,400.00 @ $4.25 S.F. _ 3) Sanitary Sewer a) 8" main, 0'- 12' depth, Spaulding Avenue 19* Street 1,192.00 @ $32.00 L.F. _ 394.00 @ $32.00 L.F. _ 20,049.26 34,398.00 36,111.60 18,661.30 15,200.40 8,595.00 2,690.20 10,317.60 5,331.80 0.00 0.00 2,280.00 10,200.00 38,144.00 12,608.00 Phase IV, Page 1 (01/25/02) Danae Drive Carrie Lane b) 48" diameter manholes c) Service lines, 60' ROW d) Service lines, 80' ROW 4) Water a) Main, including valves Spaulding Avenue 19'" Street Danae Drive Carrie Lane b) Fire hydrant assembly c) Service lines, 60' ROW d) Service lines, 80' ROW 5) Monument Boxes 6) Street Lights 7) Street Name Signs & Stop Signs a) 4 -way intersection, 60' ROW b) T- intersection 8) Barricades - N/A B. DRAINAGE 1) Storm Sewer a) 18" pipe, 2T Street Spaulding Avenue b) 24" pipe, 19` Street Carrie Lane 19 Street/New Park Court c) Manhole, 60" diameter 2) Channel - N/A 3) Detention Facility - N/A 4) Rip Rap - N/A Phase IV, Page 2 (01/25/02) 1,350.00 @ 40.00 L.F. = 54,000.00 462.50 @ $40.00 L.F. = 18,500.00 519.00 @ $40.00 L.F. = 20,760.00 175.00 @ $40.00 L.F. = 7,000.00 3 @ $2,700.00 each = 8,100.00 47962 22,000.00 I 7 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 9131 Puebl ec SUBD AG R 96.00 D 0.00 ChrisC.Munoz PuebloCtyClk &R _. _ __ Chr i . Mun 475.00 @ $32.00 L.F. = 15,200.00 200.00 @ $32.00 L.F. = 6,400.00 9 @ $2,202.00 each = 19,818.00 44 @ $787.00 each = 34,628.00 12 @ $1,049.00 each = 12,588.00 7) Street Name Signs & Stop Signs a) 4 -way intersection, 60' ROW b) T- intersection 8) Barricades - N/A B. DRAINAGE 1) Storm Sewer a) 18" pipe, 2T Street Spaulding Avenue b) 24" pipe, 19` Street Carrie Lane 19 Street/New Park Court c) Manhole, 60" diameter 2) Channel - N/A 3) Detention Facility - N/A 4) Rip Rap - N/A Phase IV, Page 2 (01/25/02) 1,350.00 @ 40.00 L.F. = 54,000.00 462.50 @ $40.00 L.F. = 18,500.00 519.00 @ $40.00 L.F. = 20,760.00 175.00 @ $40.00 L.F. = 7,000.00 3 @ $2,700.00 each = 8,100.00 44 @ $500.00 each = 22,000.00 12 @ $650.00 each = 7 3 @ $575.00 each = 1,725.00 9 @ $1,300 each= 11,700.00 2 @ $300.00 each = 600.00 2 @ $200.00 each = 400.00 11VI1; 150.00 @ $36.00 L.F. = 5,436.00 256.25 @ $36.00 L.F. = 9,225.00 212.50 @ $48.00 L.F. = 10,200.00 100.00 @ $48.00 L.F = 4,800.00 175.00 @ $48.00 L.F. = 8,400.00 4 @ $2,000.00 each = 8,000.00 1 11 1 11 1 11 C. PARKS — N/A 0.00 $608,080.76 Grand Total $2,457,402.45 This is an estimate only. Actual construction costs may vary. PREPARED BY: Bryan T. Law FIRM: Law & Mariotti Consultants, Inc. The undersigned hereby certifies that (i) the quantities of construction elements shown here on accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices hereon are the most current unit provided by the City of Pueblo. [P.E. SEAL] REVIEWED Professional Engineer Date �i&`*--- /;L/I 7/o , /J City of Pueblo Date Phase Iv, Page 3 (01/25/02) Reception 1479628 01/15/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become a part of the February'. 8 1 , , 2002. Subdivision Improvements Agreement for Par Estates At Boule vard Park, (herein the "Subdivision ") and enforceable as provided in said 5'ut vtston "fmpiovements Agreement. 1. The Subdivider will develop the Subdivision in separate phases in the sequence described in the attached Exhibit "A ". 2. The Subdivider shall construct and install all Required Public Improvements in the manner and as described in the Subdivision Improvements Agreement needed and required to serve all lots within each Phase and in the sequence set forth in the attached Exhibit "A ". 3. For purposes of determining the extent and timing of the Required Public Improvements, each Phase shall be considered as a separate subdivision. 4. After completion of all Required Public Improvements for any Phase and approval thereof by the Director of Public Works, the City will release the lots in that Phase from the Subdivision Improvements Agreement and this Addendum. 5. Any development of the Subdivision contrary to the phasing sequence set forth in paragraph 1 above without the prior written approval of the Director of Public Works ( "Director ") shall constitute a breach of the Subdivision Improvements Agreement and this Addendum and City may thereafter refuse to approve the issuance of building permits for construction within the Subdivision. No modifications to the phasing sequence set forth in the attached Exhibit "A" shall be considered by the Director until the Subdivider's engineer certifies in writing that the requested modifications will not result in any lot in the Subdivision being inadequately served by required public improvements. 6. The Subdivision Improvements Agreement as amended by this remain in full force and effect and the covenants of this Addendum shall the Subdivision and shall extend to, be binding upon, and inure a enefit �ity and Subdivider and their respective heirs, personal representative su rs, and assigns. Colorado Springs Executed at FiteWo, Colorado, as of lorado Corporation i John C. Raptis; DPW 103 August 1, 2002 STATE OF COLORADO ss. VIII IIIIII IIII IIII IIIIIII IIIIII III VIII III III 0 479628131 111 111 C1k &Rec ADD AGR R 16.00 0 0.00 COUNTY OF 1 ) cnrisc.Munoz Puebloc t r EL PASO The foregoing instrument was acknowledged before me this 30th day of October 3Q , 2002 by John C. Raptis, President, Calico Homes, Inc., Subdivider. A Colorado Corporation Witness my hand and official seal. My commission expires: O� {SEAL Notary Public CITY OF PUEBLO, A Municipal Corporation S President o City Council DPW 103 2 August 1, 2002 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" The Subdivider will develop the Subdivision in separate phases in the following sequence: (a) Phase I shall consist of the following lots within the Subdivision: 45 thru 52, Block 1; 1 thru 9, Block 2; a total of 17 lots. (b) Phase II shall consist of the following lots within the Subdivision: 7 thru 11, Block 5; 1 thru 5, 16 thru 20 & 22 thru 25, Block 6; 1 thru 14,.Block 7; a total of 33 lots. (c) Phase III shall consist of the following lots within the Subdivision: 10 thru 18, Block 2; 1 thru 40, Block 4; 6 thru 12 & 21, Block 6; 1 thru 15, Block 3; for a total of 72 lots. (d) Phase IV shall consist of the following lots within the Subdivision: 1 thru 44, Block 1; 1 thru 6 & 19, Block 5; 13 thru 15, Block 6; a total of 54 lots. DPW 103 3 August 1, 2002 Reception 1479629 01/15/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the February 8, 2002, Subdivision Improvements Agreement for Parkside Estates @ Boulevard Park (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider herein agrees to construct a storm sewer outfall pipe in accordance with the terms detailed in a letter dated January 29, 2002, from Tom Cvar to Calico Homes, Inc., said letter attached hereto as Exhibit "1 ". 2. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs oral msentatives, successors, and assigns. This Addendum may be sp:� a et d-agar t e Subdivider and subsequent owners of lots within the Executed SUBDIVID4�: Calico HomgIt By: C John Raptis, of the date and year stated above. PUEBLO, A MUNICIPAL CORPORATION a Colorado ZPorporation By: STATE OF COLORADO ) COUNTY OF EL PASO ) The Foregoing instrument was acknowledged before me on December 2, 2002, by John C. Raptis, President, Calico Homes, Inc., a Colorado corporation. Witness my hand and seal. My commission expires LL632 J �a �,,fr�� �ar�•�r'•l rejt Ly0 -so crd i w P aa i �r C r� / 1� D D CD ° City of Pueblo DEPARTMENT OF PUBLIC WORKS January 29, 2002 Exhibit A to Agreement To Recover Storrs Sewer Improvement Costs dated January 25, 2002 Exhibit "1" 0 n Cq rD u r o m U') roa o N "• C4 8 � 3 U a U i 1479629 Page: 2 of 2 Calico Homes. Inc. I IIIIII VIII IIIIII IIII IIII IIIIII) IIIIII III VIII IIII IIII 131 P.O. Box 54 ChrisC.Munoz Pueb1oCtyC1kLR ADD AGR R 11.00 D 0.00 Pueblo. CO 81002 — Attn: Ray Buss Re: Parkside Estates rk Boulevard Park Dear Mr. Buss: This letter is to clarify the City's requirements concerning a storm sewer outfall pipe, which is proposed to be constructed along the south side of 22 Street, adjacent to the north boundary of the above referenced subdivision. Because this storm sewer will be constructed in such a location as to affect the future improvements to lots within the subdivision that abut 22 " Street, the City will require that portion of the storm sewer pipe to be installed before building permits are issued on those affected lots. Referring to the proposed phasing plan for the subdivision, the affected lots are: Phase l - Lots 1 -9, Block 2 and Lots 45 -52. Block I Phase 3 - Lot 1, Block 3 Phase 4 — Lot 1, Block 1 The Exhibit "B" of the Subdivision improvements Agreement must also reflect this requirement. If there are any questions. please feel free to call me. Sincerely, Toni Cvar / Director of Public Works TC/bt Pc; Mike Beyer 14 1111111 oil 1111111111 Ill I III 11111 01/31 2 02 81:38F ChrimC.Nunea Pu&61*CtvC1kLFLe ACN99 R 1x e$ D 0.00 211 E. "D" Street Pueblo, Colorado 81003 (719) 543 -2860 Fax (7191542-6244 Reception 1479630 01/15/2003 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (STORMWATER DETENTION FACILITY MAINTENANCE) This Addendum shall be incorporated in and become a part of the Februmry - 8., 2002 , Subdivision Improvements Agreement for Parkside Estates At Boulevard Park, and enforceable as provided in said Subdivision Improvements Agreement. Special Area Plan Subdivider will const parsie t sa�s of A e evpa improvements for Par , SDeci.a Area an a stormwater detention facility (the "Facility ") and associated improvements in accordance with the plans and specifications prepared by Subdivider, approved by, and on file with the City. Subdivider shall replace the top soil after construction of the Facility and re- vegetate by seeding the entire area with a drought tolerant grass mix approved by the City. Subdivider will provide a temporary irrigation system for, and irrigate the re- vegetated area after planting until the grasses are well established. Subdivider will be responsible for all costs associated with the construction of the Facility and associated improvements as well as the temporary irrigation system, revegetation, and irrigation including fees payable to the Board of Water Works and charges for water. 2. Subdivider will maintain in good condition and repair the Facility, associated improvements and revegetation (including irrigation and mowing) until (i) the Facility, associated improvements, and revegetation are accepted for maintenance in writing by the City's Director of Public Works (the "City's Acceptance ") and (ii) Subdivider pays the Maintenance Contribution to the City. Subdivider will pay to City the sum of $ 5 as a one time contribution for future Facility maintenance (the "Maintenance Contribution ") on or before the earlier (i) the date of City's Acceptance, or (ii) the date Subdivider requests release from the Subdivision Improvements Agreement for the last lot or lots in the subdivision, or (iii) the date of issuance of a Certificate of Occupancy for the last structure in the subdivision. 4. Subdivider will be released from all obligations under this Addendum after City's Acceptance and receipt by City of the Maintenance Contribution. Thereafter, City will assume the obligation to maintain the Facility, associated improvements and revegetation. DPW 104 12/03/98 5. The Subdivision Improvements Agreement as am - ended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective heirs personal representatives, successors, and assigns; Colorado Springs, Executed at- Pueblo, Colorado as of Oct a ( a,,�° r''• { Iea111111 1 � STATE OF COLORADO ) )ss. COUNTY OF 44i£>$L-A ) i C 2002 S. Inc., A Co lorado .rider Corporation John C_, � s, President EL PASO The foregoing instrument was acknowledged before me this 30th dayof October 30 , 2002 by John C. Raptis, President, Cal Homes, Inc. a Colorado Corporation, Subdivider. My commission expires: CITY OF PUEBLO A Municipal Corporation By: President of the Council DPW 104 12/03/98 Reception 1479631 01/15/2003 NOTICE OF SHALLOW SANITARY SEWER LINES Notice is hereby given to the owner(s) of Block one 1 Lots 3, 4, 8 -11, 28 -32, Block Two 2 Lots 10 -15, Block Three 3 Lots 1 -15, Block Four 4 Lots 1 -6, 10,11,27-40, Block Five 5 Lots 6 -11, Block six 6 Lots 15 -24, Parkside Estates at Boulevard Park Pueblo County, Colorado, and their heirs, personal ithese ntatives, successors aiitl— assigns, that sanitary sewer service to basements of lot(s) ma n system due to elevation of sanitary sewer lines(s) i eet or right of way. This notice is dated STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Veb� SUBDIVIDER B y Signature Sohn "Raa' Name pves1a►eyt. Calico lA omes Inc. Q• Title Cz&xwla CwtpwAkw T2 0, 3 ox 0240 Address �o�orac�oSDr�r�ac. CO 80962 The Foregoing instrument was acknowledged befo A 2002, by r A.C'blena •% Witness my hand and seal. : NOTARY =• PUBLIC My commission expires: it . 1. ©S tn� ' R OF CO Notary Publi \\Server\LMCI Co=pond\O1-025Parkside\NOTICE OF SHALLOW SANITARY SEWER LMES.doc 4A04