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HomeMy WebLinkAbout04891Reception 570699 Aug 31, 1981 ORDINANCE NO. 4891 AN ORDINANCE APPROVING THE PLAT OF CANDLEbI00D COURT SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: ►.g06NIONNOF The final plat of Candlewood Court Subdivision, being a subdivision of land described as follows: All of Lot 12, Block 401, Belmont 56th Filing Subdivision, is hereby approved; and all streets, utility and drainage easements, rights- of-ways and lands set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted as public streets, rights -of- ways, utility and drainage easements, and public sites, parks and open spaces. SECTION 2. The acceptance of the dedication of streets, rights -of -ways, utility and drainage easements, and public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until said streets, rights -of -ways, utility and drainage easements, and public sites, parks and open spaces have been constructed and installed in compliance and in accor- dance with the requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as amended, and any agreement entered into pursuant thereto. SECTION 3. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED August 10 , 1981 B Mike Salardino Councilman APPROVED Douglas L. Ring President of the Council ATTEST: Lucy J. Co_ st_a City Clerk 7/27/_11 �NO E1s�$33 RECORDED �.'lG� - AUG 311981 4 .. i PUEBLO COUNTY, COLORADO A G R E E M E N T BOOK 2085 PAGE & THIS AGREE /AENT, made this *3V<. day of A. D. 19 f / . by and betw PUEBLO, A MUNICIPAL CQRPO,'ATION, her i after referred to as the City, and /JQ71AC ✓yTJ { n/ " d r e /w on .Aenr �07n r the Subdivrder, �' �y /ac hereinafter referred to as WITNESSETH: WHEREAS, the Subdivider has subdivided or is about to subdivide the follow- ing described parcel of land lying and situate within the County of Pueblo and State of Colorado, to -wit: which land when subdivided, w i l l be known and described as U r T (Addition- Subdivision), Filing; and, WHEREAS, the Subdivider desires to install the improvements required by Title 12- 4 -7(J) of the 1971 Code of Ordinances of the City of Pueblo in accordance with Alternative 4 set forth therein; now, therefore, That in consideration of the keeping and performance of covenants of the Sub- divider as hereinafter set forth, the City hereby covenants and agrees: To release individual parcels of land from the terms of this Agreement from time to time as deposits are paid in accordance with the provisions of said Alter- native 4 of Title 12- 4 -7(J) or' the 1971 Code of Ordinances of the City of Pueblo, z) In consideration of the keeping and performance of the covenants of the City hereinabove set forth, the Subdivider hereby covenants and agrees as follows: To install all improvements in the above described parcel of land or subdivi sion as required by Title 12- 4 -7(J) of the 1971 Code of Ordinances of the City of Pueblo in the manner and upon the terms set forth in Alternative 4 thereof, to -wit: "(1)(e)(i) Alternative 4: Enter into an agreement with the City in writing to be recorded and to run with the land whereby within one hundred eighty (180) days after application for a building permit to construct any building or structure upon any building site within the subdivision, or upon the issuance of a certifi- cate of occupancy for any such building or structure, whichever is sooner, the Sub- divider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the Director of Finance of the City, or with any bank or trust company in the State of Colorado subject to an escrow agreement whe;-eby the holder of such cash or collateral shall pay all or any portion thereof to the City,upon demand after the time for completion of all required improvements by the Subdivider or subsequent owner shall have expired which deposit or escrow agreement shall be hereinafter referred to as the deposit. (ii) The amount of the deposit shall be computed as follows: The City Engi- neer shall estimate the total cost of all uncompleted improvements required by this section within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall be not less than 25a of such estimate, plus the estimated cost of extending all required sew er and water lines from the nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the cost of extending curb, gut- ter, sidewalk and paving from the edge of the subdivision or existing improvements of a like nature whichever is nearer to the proposed building site. In any case, where the bloc!<, as hereinafter defined, shall exceed one thousand (i,CCO) feet in leneth between intersecting streets, the estimate of the City Engineer under this section may be reduced to the total cost of all uncompleted improvements in at least one -half of such block, and the required deposit shall be bases upon such so0K2 085 PACE221 decreased estimate, provided, however, the Subdivider a turn — around of at least sixty (60) feet diameter at ricade said street so that no through traffic shall be to which the City Engineer's estimate is based. shall undertake to provide the mid — blcck point and bar — permitted beyond the point (iii) Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upcn the issuance of a certificate of occupancy for any such building or structure, whichever is sooner, the applicant shall like:vise depcsit an amount not less than the Engineer's estimate for all required improvements from existing improvements to the proposed building site, less any previous deposits made hereunder upon building sites lying between the most recently proposed site and existing improvement. (iv) Upon payment of each such deposit, the City Engineer shall release the proposed building site from the terms of the Subdivider's agreement. (iv -1) Failure to depcsit. In the event the Subdivider or any subsequent owner of the land shall fail to complete such improvements or make such deposit within the required time, no further building permits shalt be issued to the Sub— divider or the subsequent owner or to any other person to build or construct any building or structure in such subdivision until such default is remedied. In addition thereto, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in said subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time within two years after such default. Action upon such debt may be instituted by the City within one year from the date of filing such lien for record. All remedies provided for herein are cumulative and-the use of one shall not prohibit the use of another. (v) The required time for completion of all such improvements by the Sub— divider within such block shall be one year from the date of application for the first building permit issued within such block., Upon comp let icn of such improve— ments within the required time and the payment of all inspection costs by the Sub— divider, the Engineer shall cause all obligations of the Subdivider relating to such improvements within such block to be released. If said improvements are not completed within the required time, the City Engineer may cause the proceeds of all deposits or ether collateral or monies in escrow to be used to complete the same. If insufficient monies be available at the end of the required time to.com— plete all such improvements herein required for the entire length of such block, the Engineer shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance, who shall hold the same in a special fund to await the completion of all such improvements within said block. If said improvements are completed within ten years, the Director of Finance upon order of the Engineer shall refund said monies, without interest and less 10% of the principal of such fund for each full year which shall have expired since the creation of such fund which shall be forfeit. If such improvements shall not be completed within ten years from and after the date of the creation of such special fund, the entire sum shall be forfeit and free of all claims and de— mands of the Subdivider or subsequent owner. Such forfeited sums shall be trans— ferred by the Director of Finance to the surplus and deficiency fund created by Charter. (vi) For the purpose of this alternative, the word "block" shall - mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front to the rear property line of such lots, or the centerline of the alley, if there be an alley, and enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut." This agreement shall extend to and be binding upon the successors and as— signs of the City and upon the heirs, administrators, executors and successors MWIM J 800x PAGE222 and legal representatives of the Subdivider, and shall be placed on record in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released es herein — above set forth. N WITNESS MEREOF, the parties hereto have caused this agreement to be executed and attested by its duly authorized and acting officers and the seal of the respective corporation set hereon. 150APe 45 2 C ye 4ofJinenr Ce.��j Subdivider B J President ATTEST: Secretary STATE OF COLORADO, ) ) ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this 3 _ day of , 19$/ by Z Z' �.. as President, and c r as Secretary of the /_Siv�„e- VI, e,& 40er. /e�O'*-r^Z_ 0 /ncC (Subdivider). Notary Public ;hy c sID expires: �i/!!//rl 3 _ A Tfi'`c T �. er' STATE OF COLORADO, ) ) ss. COUNTY OF PUEBLO. ) B00K2085 PAGE223 CITY OF PUEBLO B Presiders or the Council APPROVED AS TO FORM: C i t4C.Rt1WTrey The foregoing instrument was acknowledged before me this day of i�LGA( "C.2 , A. D. 19 by ! / t' as President of the City Counci I, and _ >��. - (J as City Clerk {of the:City of Pueblo, Colorado. • Notary Public pTco`rrrni spon expires: ==