HomeMy WebLinkAbout06854Reception 1492672
03/28/2003
ORDINANCE NO. 6854
AN ORDINANCE APPROVING THE PLAT OF UNIVERSITY
PARK FILING NO. 19 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The final plat of University Park Filing No. 19 Subdivision, being a subdivision of land
legally described as:
All of Lot 62, Block 1 in University Hills Subdivision, Filing No. 1, according to the recorded
plat thereof, filed for record June 9, 1986
AND
A portion of Parcel B, as platted in said University Hills Subdivision, Filing No. 1 and being
more particularly described as follows:
Considering the East line of the SE1 /4 of Section 7, Township 20 South, Range 64 West of
the 6 P.M. to bear S. 00 °46'08" W. and' all bearings contained herein being relative
thereto.
Commencing at the Easternmost corner of said Parcel B; thence S. 41'00'49" W., along the
East boundary line of said Parcel B, a distance of 243.86 feet to the True Point of
Beginning of the parcel of land herein described; thence along the boundary of said Parcel
B the following two (2) courses:
I. S. 41 0 00'49" W., a distance of 180.95 feet;
2. N. 84 0 36'10" W., a distance of 227.41 feet;
thence Northeasterly, along the arc of a curve to the left, whose center bears N. 05 0 23 "50"
E. and whose radius is 450 feet, a distance of 374. 58 feet to the Point of Beginning AND
That portion of vacated 47 Street adjacent thereto AND
A portion of the NE % of the SE' /4 of Section 7, Township 20 South, Range 64 West of the
6 P.M. in the County of Pueblo, State of Colorado and being more particularly described
as follows:
Considering the East line of the said SE '/ of Section 7, Township 20 South, Range 64
West of the 6 P.M. to bear S. 00 0 46'08" W. and all bearings contained herein being
relative thereto.
Beginning at the E' /4 of said Section 7; thence S. 00 °46'08" W., along the East line of said
SE 1 /4, a distance of 1240.49 feet to the North boundary line of University Park Subdivision,
11 Filing, according to the recorded plat thereof, filed for record June 18, 1979; thence
along said subdivision boundary the following eight (8) courses:
1. N. 89 0 13'52" W., a distance of 197.77 feet;
2. N. 64 0 46'52" W., a distance of 109.00 feet;
3. along the arc of a curve to the left, whose center bears N. 64 0 46'52" W. and whose
radius is 280 feet, a distance of 7.04 feet;
4. N. 66 0 13'19" W., a distance of 164.09 feet;
5. N. 74 0 11'24" W., a distance of 209.39 feet;
6. S. 15 0 48'36" W., a distance of 10.00 feet;
7. N. 74 0 11'24" W., a distance of 130.85 feet;
8. N. 15 0 48'36" E., a distance of 184.58 feet to the South boundary line of University Hills
Subdivision, Filing No. 1, according to the recorded plat thereof, filed for record June 9,
1986;
thence along said subdivision boundary the following seven (7) courses:
1. S. 84 0 36'10" E., a distance of 235.19 feet;
2. N. 05 0 23'50" E., a distance of 100.00 feet;
3. N. 41 0 00'49" E., a distance of 424.81 feet;
4. along the arc of a curve to the left, whose center bears S. 42 °09'59" W. and whose
radius is 120 feet, a distance of 63.40 feet;
5. N. 78 0 06'10" W., a distance of 33.42 feet;
6. N. 41 0 00'49" E., a distance of 223.57 feet;
7. N. 00 0 46'08" E., a distance of 253.16 feet to the North line of the said SE 1 /4;
thence N. 88 0 56'49" E., along said North line, a distance of 156.15 feet to the Point of
Beginning. Containing 11.505 acres, total.
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
This ordinance is approved upon the following conditions:
(1) The developer design 47 Street and any drainage channel improvements from
Cedarweed to the east end of the subdivision.
(2) The developer will only have to construct the north half of 47 Street from the
intersection of Cedarweed to the east end of the subdivision along with any
drainage channel improvements.
(3) The developer agrees to pay a fee of $530.00 per lot towards the construction of
the south half of 47 Street and the fee will be collected upon application for a
building permit.
(4) The construction of the north half of 47 Street includes the construction of 10 foot
wide concrete bicycle trails.
(5) The developer will pay cash in lieu of dedicating required park land.
SECTION 3
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 XI I of the 1971
Code of Ordinances, as amended and any agreement entered into pursuant thereto.
SECTION 4
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 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 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 1971 Code of Ordinances meeting and complying with the subdivision
requirements of the City have been filed with and approved by the Director of Public Works,
and the conditions set forth in Section 2 are met and complied with, 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.
.z es ,., (( C
INTRODUCED: June 10. 2002
1% °
!��'�^ BY: Al Gurule
CO NCILPERSON
.
e. �'' APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
TY CLERK
PASSED AND APPROVED: June 24, 2002
IL
Background Paper for Proposed
ORDINANCE
Ad - if (oS s4
AGENDA ITEM # ;J Z(o
DATE: JUNE 10, 2002
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE PLAT OF UNIVERSITY PARK FILING NO. 19
SUBDIVISION
ISSUE
Shall the City Council approve a request to subdivide 11.5 acres into 25 single family
lots within the north east corner of University Park Neighborhood?
RECOMMENDATION
The Planning and Zoning Commission voted 7 -0 to recommended approval subject
to the following conditions: 1) The developer design 47 Street and any drainage
channel improvements from Cedarweed to the east end of the subdivision. 2) The
developer will only construct the north half of 47 Street from the. intersection of
Cedarweed to the east end of the subdivision along with any drainage channel
improvements. 3) The developer agrees to pay a fee of $530.00 per lot towards the
construction of the south half of 47 Street and the fee will be collected upon
application for a building permit. 4) The construction of the north half of 47 Street
includes the construction of 10' wide concrete bike trails. 5) The developer will pay
cash in lieu of dedicating required park land.
BACKGROUND
The applicant is proposing to subdivide 11.5 acres into a 25' lot single family
subdivision. The subdivision will include the extension of 47 Street to the east
boundary of University Park, the extension of the trail system, and the extension of
Lavender Way between University Hills and 47 Street.
The subdivision Review Committee recommended approval of this plat contingent
upon the conditions agreed to by the Planning & Zoning Commission.
FINANCIAL IMPACT
Unknown.
Reception 1492674
03/28/2003
RATIFICATION OF PLAT
FOR VALUE RECEIVED, the undersigned being the owner of indebtedness
secured by a deed of trust recorded November 8 , 2002 in Book -
at Page - , Reception Number 1468729
does hereby ratify
and consent to the subdivision of the land platted as
UNIVERSITY PARK SUBDIVISION
19th FILING shown on the Subdivision Plat recorded by
Reception Number 1 C?a&�3. 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 _A � day of _ .
DECIBEL COMMUNITY CREDIT UNION
Company Name
By: �.Q ti 6�LQ ►�t.�Q�_
Title:
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged be�fo me this � day of
Cry - by � � �n d -a�n� as
of r � � L _ 7br° r
/1 l L& n t
My Commission Expires: J - / q -Xe
_ l 4
w.. r y
.1Noi rurnIL;
DPW 107
02/05/02 " "`
Reception 1492675
03/28/2003
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT is made on 'gQvt pca..t ,° 1Oo3_ , between the CITY OF
PUEBLO a Municipal Corporation ( "City "), and TOP LAND DEVELOPMENT, 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
UNIVERSITY PARK SUBDIVISION, 19th FILING
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the 1971 Code of Ordinances; and
WHEREAS, Subdivider is required by Section 12 -4 -7 (J) 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 XII 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:
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 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 ".
DPW 101
10/21/98
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 (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.
7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees
DPW 101 2
10/21/98
that no certificate of occupancy shalt 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 rear property line of such lots, or the center line of the alley, if there is an
DPW 101
10/21/98
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 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 concerning this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable
expert witness and attorney's fees.
14. The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and 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 constitute an agreement running with the
land until released as described above.
DPW 101 4
10/21/98
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer. TOP LAND DEVELOPMENT, LLC
a Colorado Limited Liability Company
Subdivide
(SEAL) By:
em r
By:
The foregoing instrument was acknowledged before me on 'FBgQulp" - 1 ,
1 10� ,by Jack Jargowsky, Member of TOP LAND DEVELOPMENT, LLC ,Subdivider.
a Colorado Limited Liability Company
My commission expires: -1) , evl2®Olp �A
Notary Public
CITY OF PUEBL
President of City
ATTEST:
City
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 134. day of
March 2003 by Bill Sova as
City Council, and Gina Dutcher as City Clerk of the City of
fi r, U TA R I — .� c � G
C0 With y hand and official seal.
J
ission expires: 8 =21 -2003
�rF FB
%—\ elk YlAkh�
]] Notary Public
My COmmission Expires 08121W3
APPROVED AS TO FORM:
City Attorney
DPW 101 5
10/21/98
R 81.00 D 0.00 2:12P
S UB D I V I SIO N I M PR O V EM EN TS A G R EEM EN T
EXHIBIT B"
SUBDIVISION NAME:
UNIVERSITY PARK SUBDIVISION, 19TH FILING
DEVELOPER:
TOP LAND DEVELOPMENT, LLC
ENGINEER:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
Pavement (47TH ST. - UNIVERSITY
HILLS. 1ST FILING)
1950 SY @ $27.50 /SY = $53,625
Asphalt (4" Asphalt on 14" Base)
Co
Curb and Gutter
1100 LF @ $10.00 /LF = $11,000
Handicap Ramps
314 SF @ $3.50 /LF = $1,099
Water
8" PVC Water Main
510 LF @ $40.00 /LF = $20,400
Street Lights
3 EA @ $1,300.00 /EA = $3,900
Monuments
2 EA @ $575.00 /EA = $1,150
SUBTOTAL -
47TH ST. (UNIVERSITY HILLS, 1ST FILING) 91 174
M1111111111111111 IIIIIIIIIIIII
Page: 7 of 12 P
ChrisC.Munoz Puebl0CtyC1k6Reo SUBD AG R 61.00 D 0.00
SO BDIVISIONIMPROVEMENTSAGREEMENT
EXHIBIT B"
SUBDMSION NAME: UNIVERSITY PARK SUBDMSION, 19TH FILING
DEVELOPER: TOP LAND DEVELOPMENT, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC
Streets (47TH ST. - UNIVERSITY PARK SUBDIVISION.
19TH)
Asphalt (4" Asphalt on 14" Base)
2985 SY
@
$27.50 /SY =
$82,088
Concrete
Curb and Gutter
1765 LF
@
$10.00 /LF =
$17,650
Handicap Ramps
942 SF
@
$3.50 /LF =
$3,297
4" Concrete (10' Bike Path)
1600 SF
@
$2.50 /LF =
$4,000
Water
8" PVC Water Main
900 LF
@
$40.00 /LF =
$36,000
Monuments
3 EA
@
$575.00 /EA =
$1,725
Street Lights
4 EA
@
$1,300.00 /EA =
$5,200
Street Names / Stop Signs
T- Intersect. (100'ROW)
1 EA
@
$300.00 /EA =
$300
Storm Sewer
15" RCP
111 LF
@
$30.00 /LF =
$3,330
8' Type "W" Inlet
1 EA
@
$3,400.00 /EA =
$3,400
C hannel
Erosion Control
1 LS
@
$4,360.00 /LS =
$4,360
Turf Reinforcement
1550 SY
@
$8.00 /SY =
$12,400
Rip Rap
35 SY
@
$50.00 /SY =
$1,750
L = 24 1 EA @ $1,125.00 /EA = $1,125
SUBTOTAL - 47TH ST. (UNIVERSITY PARK SUB., 19TH FIL.) $176,625
iiiiiiiilmllIIIIIIIIIIIIIIIIIIIIIIIIII Page: 492675
ChrisC.Munoz Pueb1oCtyC1k &Reo SUBD AG 0 12.12P
R 61.00 D 0..00 0
SUBDIVISION IMPROVEMENTSAGREEMENT
EXHIBIT B"
SUBDIVISION NAME: UNIVERSITY PARK SUBDIVISION, 19T1-1 FILING
DEVELOPER: TOP LAND DEVELOPMENT, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC
Streets (LAVENDER WAY)
Asphalt (3" Asphalt on 6" Base)
410 SY
@
$17.50 /SY =
$7,175
Concrete
Curb & Gutter
230 LF
@
$10.00 /LF =
$2,300
7" Concrete
288 SF
@
$3.50 /SF =
$1,008
Square Pan Radius
96 SF
@
$4.25 /SF =
$408
4" Concrete (10' Bike Path)
850 SF
@
$2.50 /SF =
$2,125
Handicap Ramp
314 SF
@
$3.00 /SF =
$942
Water
8" PVC Water Main
105 LF
@
$40.00 /LF =
$4,200
Storm Sewer
Storm Sewer
2 -66" RCP
80 LF
@
$264.00 /LF =
$21,120
8' Sidewalk Culvert
1 EA
@
$1,000.00 /EA =
$1,000
C hannel
Rip Rap
275 CY
@
$50.00 /SY =
$13,750
Monuments
1 EA
@
$575.00 /EA =
$575
Baracade. L =16'
1 EA
@
$825.00 /EA =
$825
SUBTOTAL - LAVENDER WAY $55,428
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 9 of 12 P
ChrisC.Munoz Pueb1oCtyC1k &Rec SUED AG R 61.00 D 0.00
SUBDIVISION IMPROVEMENTSAGREEMENT
EXHIBIT B°
SUBDMSION NAME: UNIVERSITY PARK SUBDMSION, 19TH FILING
DEVELOPER: TOP LAND DEVELOPMENT, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
Streets (DESERT CANDLE DRIVE)
653 LF
@
$40.00 /LF =
$26,120
Asphalt (3" Asphalt on 6" Base)
2680 SY
@
$17.50 /SY =
$46,900
Concrete
15 EA
@
$500.00 /EA =
$7,500
Curb and Gutter
1180 LF
@
$10.00 /LF =
$11,800
7" Concrete
288 SF
@
$3.50 /SF =
$1,008
Square Pan Radius
96 SF
@
$4.25 /SF =
$408
Handicap Ramp
354 SF
@
$3.50 /SF =
$1,239
LV F1 1
8" PVC Water Main
653 LF
@
$40.00 /LF =
$26,120
Fire Hydrant Ass'y.
1 E4
@
$2,700.00 /EA =
$2,700
Services (60' ROW)
15 EA
@
$500.00 /EA =
$7,500
Sanitary Sewer
2 EA
@
$5,200.00 /E4 =
$10,400
8" PVC Sewer Main
530 LF
@
$33.00 /LF =
$17,490
48" Manholes
2 EA
@
$2,240.00 /EA =
$4,480
Services (60' ROW)
15 EA
@
$800.00 /EA =
$12,000
Storm Sewer
30" RCP
332 LF
@
$60.00 /LF =
$19,920
24" RCP
189 LF
@
$48.00 /LF =
$9,072
15" RCP
36 LF
@
$30.00 /LF =
$1,080
14' Type "S" Inlet
2 EA
@
$5,200.00 /E4 =
$10,400
16' Type "W" Inlet
1 EA
@
$5,800.00 /EA =
$5,800
10' Type "W" Inlet
1 EA
@
$4,000.00 /EA =
$4,000
Channel
Rip Rap
10 CY
@
$50.00 /CY =
$500
Street Lights
1 EA
@
$1,300.00 /EA =
$1,300
Monuments
5 EA
@
$575.00 /EA =
$2,875
Baracade. L =16'
1 EA
@
$500.00 /EA =
$500
(Relocate from Wills Blvd. Phase 1)
SUBTOTAL - DESERT CANDLE DRIVE 187 092
Page: 10 of 12
IIIIII VIII IIIIII VIII IIIIII III IIIIIII III IIIIII III IIII 149267512P
ChrisC.Munoz Pueb1oCtyC1k &Reo SURD AG R 61.00 D 0.00
SUBDMSION IMPROVEMENTS AGREEMENT
EXHIBIT B"
SUBDMSION NAME: UNIVERSITY PARK SUBDIVISION, 19TH FILING
DEVELOPER: TOP LAND DEVELOPMENT, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC
Streets (DESERT CANDLE COURT)
Asphalt (3" Asphalt on 6" Base)
950 SY
@
$17.50 /SY =
$16,625
Concr
Curb and Gutter
350 LF
@
$10.00 /LF =
$3,500
Water
6" PVC Water Main
165 LF
@
$40.00 /LF =
$6,600
Fire Hydrant Ass'y.
1 EA
@
$2,700.00 /EA =
$2,700
Services (60' ROW)
4 EA
@
$500.00 /EA =
$2,000
Sanitary Sewer
8" PVC Sewer Main
147 LF
@
$33.00 /LF =
$4,851
48" Manholes
1 EA
@
$2,240.00 /EA =
$2,240
Services (60' ROW)
4 EA
@
$800.00 /EA =
$3,200
Monuments
2 EA
@
$575.00 /EA =
$1,150
Street Sians I Stop Sians
2 -Way Intersect. ( 60'ROW)
1 EA
@
$200.00 /EA =
$200
Street Lights
1 EA
@
$1,300.00 /EA =
$1,300
SUBTOTAL - DESERT CANDLE COURT $44,366
IIIIII VIII IIIIII VIII IIIIII III IIIIIII III IIIIII III IIII 149 of 12 12:12P
ChrisC.Munoz Pueb1oCtyC1k &Reo SUED AG R 61.00 D 0.00
S U B D MSIO N IMPROVEMENTS AGREEMENT
EXHIBIT B"
SUBDMSION NAME: UNIVERSITY PARK SUBDIVISION, 19TH FILING
DEVELOPER: TOP LAND DEVELOPMENT, LLC
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC
Streets (BAYWEED COURT
Asphalt (3" Asphalt on 6" Base)
644 SY
@
$17.50 /SY =
$11,270
Co n c r e te
Curb and Gutter
253 LF
@
$10.00 /LF =
$2,530
Water
6" PVC Water Main
147 LF
@
$40.00 /LF =
$5,880
Fire Hydrant Ass'y.
1 EA
@
$2,700.00 /EA =
$2,700
Services (60' ROW)
5 EA
@
$500.00 /EA =
$2,500
Sanitary Sewer
8" PVC Sewer Main
147 LF
@
$33.00 /LF =
$4,851
48" Manholes
1 EA
@
$2,240.00 /EA =
$2,240
Services (60' ROW)
5 EA
@
$800.00 /EA =
$4,000
Monuments
1 EA
@
$575.00 /EA =
$575
Street Sions / Stop Sians
2 -Way Intersect. ( 60'ROW)
1 EA
@
$200.00 /EA =
$200
Street Lights
1 EA
@
$1,300.00 /EA =
$1,300
SUBTOTAL - BAYWEED COURT
$38,046
Page: 12 of 12
i IIIIII VIII IIIIII VIII IIIIII III (IIIIII III IIIIII III (III 1492675
ChrisC.Munoz Pueb1oCtyC1k6Rec SUBD AG R 61.00 D 0.00
S 11 E D MSIO N I M P R O V E M EN TS A G R EEM EN T
EXHIBIT B
SUBDIVISION NAME
DEVELOPER:
ENGINEER:
OFFSITE
Concr
4" Concrete
Handicap Ramp
UNIVERSITY PARK SUBDIVISION, 19TH FILING
TOP LAND DEVELOPMENT, LLC
NORTHSTAR ENGINEERING AND SURVEYING, INC.
10100 SF @ $2.50 /LF = $25,250
628 SF @ $3.50 /LF = $2,198
SUBTOTAL - OFFSITE
TOTAL -
This is an estimate only. Actual construction costs may vary.
PREPARED BY:
111:"VA
27 448
$620,179
FIRM: ERING AND SURVEYING, INC.
REVIEWED BY: 1 =
CITY OF PUEBLO
The undersigned hereby certifies that (i) 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 price provided by the City of Pueblo.
[P.E.SEAL] y )`'7'�
Professional Engineer Date
0
M
',tuttttn�t� \ \1 \�
Reception 1492676
03/28/2003
ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
This Addendum shall be incorporated in and become a part of the February 7, 2003, Subdivision
Improvements Agreement for the University Park Subdivision, 19 Filing (herein the
"Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement.
Within 180 days of the issuance of the first building permit within the
Subdivision, or prior to the issuance of the first certificate of occupancy for any
structure within the Subdivision, whichever occurs first, Subdivider shall:
a. Provide the City with an irrevocable and unconditional Letter of Credit
(L.O.C.) in the amount of $7,600 for the completion of improvements shown
within Area 1 on drawing number 495 -2 of the Subdivision construction plans.
The L.O.C. shall have an expiry date of March 1, 2006.
b. Provide the City with an irrevocable and unconditional letter of credit in the
amount of $300,000 for the completion of improvements of the north half of
47` Street, from Cedarweed Boulevard to the east boundary of the Subdivision,
except these improvements described in (a) above. The improvements
described herein shall be completed and accepted by the City within 180 days
after the issuance of the 20 building permit to build or construct a building or
structure within the Subdivision or prior to the issuance of a certificate of
occupancy for the 20 building or structure within the Subdivision, whichever
occurs first. The L.O.C. shall have an expiry date of April 1, 2008.
C. Both letters of credit described in (a) and (b) shall be in a form approved by the
City Attorney.
d. Deposit $1,350 with the City Finance Department for the future construction of
curb, gutter, sidewalk, and asphalt paving adjacent to Lot 8, Block 2, of the
Subdivision. This construction shall be completed by the Subdivider when the
street adjacent to this lot is extended to the east and there is no longer a need
for a temporary cul -de -sac.
e. With respect to each L.O.C. described in (a) and (b) above, if the improvements
described in the L.O.C. are not completed and accepted by the City at least
thirty (30) days prior to the L.O.C. expiry date, City's Director of Public Works
shall draw the full amount of the L.O.C. and deposit same in an escrow account
with the City's Director of Finance to be held in an interest- bearing account for
the completion of the improvements described in the L.O.C. ( "Escrow
Amount "). Upon completion and acceptance of the improvements described in
the L.O.C, the funds in the Escrow Account will be released and delivered to
the person or entity that completed the improvements. City may, but is not
obligated to do so, use the funds in the Escrow Account to complete all or part
of the improvements described in the L.O.C.
f. If Subdivider fails to timely provide the L.O.C.'s required by (a) and (b) above,
or fails to timely make the deposit required by paragraph (d) above, no
additional building permits shall be issued to build or construct any building or
structure in the Subdivision until such failure is remedied.
2.
a. As a condition precedent to the issuance of each building permit to build or
construct any building or structure within the Subdivision, the sum of $530
shall be deposited (the "Deposit ") with the Director of Finance for the future
completion of the south half of 47 h Street within the Subdivision
( "Improvement').
b. The Deposit shall be held in an interest- bearing account identified as the 47
Street Improvement Account (DE5003) ( "Account'). The Deposit and interest
thereon shall be expanded solely for the completion of the Improvement within
twelve (12) years of the date of the Deposit on a first in, first out basis, that is,
the first Deposit in the Account paid shall be considered the first Deposit
expended. Deposits not so expended shall be refunded upon application to the
record owner of the property for which the Deposit is made. Applications for
refund shall be made in writing to the Director of Finance within six (6) months
after the expiration of the twelve -year period following date of deposit.
Application shall be accompanied by a copy of the dated receipt issued for
payment of the Deposit or other documents satisfactory to the Director of
Finance that the fee was paid and date of payment, together with a copy of the
deed to such property showing the applicant to be the current record owner of
the property.
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, personal representatives,
successors, and assigns. This addendum may be specifically enforced against
the Subdivider and subsequent owners of lots within the Subdivision.
4. If any provision of this Addendum shall be determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not affect
the validity or enforceability of the other provisions of this Addendum which
shall remain in full force and effect.
Executed at Pueblo, Colorado as of the date and year stated above.
SUBDIVIDER:
Top Land Development, C
By`� _
Name: Jack Jargowsky
Title: Member
PUEBLO, A MUNICIPAL CORPORATION
By:
B71 Sova
President of City Council
IIIIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIII III IIIIIIIIIIIII 0 492676
12P
ChrisC.Munoz Pueb10CtYC1k &Rec ADD AGR R 11.00 D 0.00
Reception 1492677
03/28/2003
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this — 7 day of 1,2h wo,! , 1,023 , by
Top Land Development, LLC Grantor, to PUEBLO, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by the Grantee, receipt of whichis hereby acknowledged, Grantor hereby grants to
Grantee, its successors and assigns, an easement and right of way for the purpose of a temporary
turnaround in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as and described as follows: (the
"Property")
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes of construction,
replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
not inconsistent with the right and privilege above granted and which will not iterfere with or endanger
any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in
no event include the right to locate or erect or cause to be located or erected on the Property any building
or any other structure or manufactured or mobile home or trailer unit.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the
Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
peaceful possession of the Property and easement and right -of -way against all persons who may lawfully
claim title to the property.
"Grantee" shall include the plural and the feminine. This Easement And Right Of Way shall be
binding upon, and shall inure to the benefit of tle heirs, personal representatives, successors, and assigns
of the Grantor and Grantee.
SIGNED this , day of f f, 6% 91 CtH UO3
GRANTOR TOP LAND DEVELOPMENT, LLC
a lorado L' ted Liability Company
By:
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this ] day of
' 1a 0•N & 0 - +t ,ZSD3 ,by Jack Jargowsky, Member of Top and
Developmen , LLC, a Colorado Limited Liability Company.
Witness my hand and official seal.
My commission expires: •'1 (m Aeu
Y ILI M�w�van.ti t.o.c�
,'•, ° _ . Notary Public
EXHIBIT "A"
An easement for temporary turnaround purposes in Lot 8, Block 2 in University Park
Subdivision, 19 Filing, according to the recorded plat thereof and being more
particularly described as follows:
Beginning at the Northernmost corner of said Lot 8; thence S. 00 0 46'08" W., along the
East line of said Lot 8, a distance of 25.30 feet; thence N. 89 0 13'52" W., a distance of
41.45 feet to the Northwesterly line of said Lot 8; thence Northeasterly, along said lot
line and along the arc of a curve to the right whose center bears S. 38 0 22'47" E. and
whose radius is 180 feet, a distance of 48.71 feet to the Point of Beginning.
Prepared by: NorthStar Engineering and Surveying, Inc.
111 E. 5 th Street
Pueblo, Colorado 81003
February 3, 2003
IN 01 034 00
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 2677
12P
ChrisC.Munoz PuebloCtyC1k &Rec EASE R 16.00 0 0.00
SCALE 1 " =40'
?= 180.00'
= 48.71'
= 1530'18"
TEMPORARY
TURNAROUND
EASEMENT
E
A
R
E
D
B
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Page: 267712P
ChrisC.Munoz PuebloCtyClk &Reo EASE R 16.00 D 0.00
JN 0103400 FILE: 01034EASEXH.DWG