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:
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