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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