HomeMy WebLinkAbout05582Reception 916153
04/09/1990
ORDINANCE NO. 5582
AN ORDINANCE APPROVING THE PLAT OF WOODSTONE
AT REGENCY PARK SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The final plat of Woodstone at Regency Park Subdivision, being a
subdivision of land legally described as follows:
Sovereign Subdivision, a re -sub of Lots 1, 2, & 3,
GLP Investment, as recorded in Book 2418, at Page
622, the records of Pueblo County, Colorado.
Described parcel contains 1.92 acres, more or less,
is hereby approved. All dedicated streets, utility and drainage easements,
rights -of -way and land set aside for public sites, parks and open spaces
shown and dedicated on said plat are hereby accepted for public use.
SECTION 2.
The acceptance of such dedicated streets, rights -of -way, utility
and drainage easements, public sites, parks and open spaces by the City does
not obligate the City to maintain or repair same until such streets, rights-
of-way, utility and drainage easements, public sites, parks and open spaces
have been constructed and installed in compliance and in accordance with the
requirements and provisions of Chapter 4, Title XII of the 1971 Code of Ordi-
nances, as amended, and any agreement entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final passage
and approval.
BuK 249? M ;'E 906
ATTEST:
City Clerk
INTRODUCED Feb ruary 12 1990
By Fay Kastelic
Councilman
APPROVED _ 1 - 2 A
Pr si ent of the Council
I, Marian D. Mead, City Clerk of the City of Pueblo, Colorado,
do hereby certify that the above is a true and correct copy of
Ordinance No. 5582, passed and approved by the Council of Pueblo on
February 26, 1990, and that I am entrusted with the safekeeping of
the original.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Seal of the City of Pueblo, Colorado, this 2nd day of March, 1990.
u �
G ii l
( S E `A 4
City Clerk
1/29/90
PUMd) cou�crr, c �or�c'rt l .- -2 - R rn APR 9 1990 bOOK2`x
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this `day
of 19W, by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City,"
and Yellico -Leach Co., a Colo. General FartnershlD
hereinafter referred to as "Subdivider."
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to sub-
divide a certain tract of land located in the City and legally
described as set forth in Exhibit "A," which is attached
hereto and incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of
1400DSMO E AT .EGENCY FAR.:,
the final plat of A SPECIAL AREA FLAT. 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 pursuant to Section 12- 4 -7(1)
of the 1971 Code of Ordinances of the City to construct and
install certain public improvements as set forth in Exhibit
"B," which is attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971
Code of Ordinances Subdivider is obligated to provide security
or collateral sufficient in the judgment of the City Council
to make reasonable provisions for the construction and
completion of the required public improvements set forth in
Exhibit "B."
NOW THEREFORE in consideration of the following mutual
covenants and agreements, the City and Subdivider agree as
follows:
1. Subdivider agrees within one hundred and eighty (180)
days after application for a building permit to construct any
building or structure on any building site within the sub-
division, or upon the issuance of a certificate of occupancy
for any such building or structure, whichever is sooner,
X00 212
to construct and install at his sole cost and expense all of
those public improvements set forth in Exhibit "B," which
is attached hereto and incorporated herein.
2. In lieu of installing the required public improvements
set forth in Exhibit "B" within one hundred eighty (180) days,
Subdivider 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 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 for completion of all
required improvements by Subdivider or subsequent owner shall
have expired. Such deposit or escrow agreement shall be
hereinafter referred to as the "deposit."
3. The amount of the deposit shall be computed by the
City's Director of Public Works by estimating the total costs
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 25% of such estimate plus the costs of
extending all required sewer 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 costs of extending
curb, gutter, sidewalk and paving from the edge of the sub-
division or existing improvements of a like nature whichever
is nearer to the proposed building site. In any case where
the block, as hereinafter defined, shall exceed one thousand
(1,000) 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 improvements
in at least one -half of such block, and the required deposit
shall be based upon such decreased estimate, provided, however,
Subdivider shall undertake to provide a turnaround of at least
sixty (60) feet in diameter at the mid -block point and barracade
said streets so that no through traffic shall be permitted
beyond the point to which the estimate of the 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 is sooner, Subdivider shall
likewise deposit an amount not less than the estimate of the
Director of Public Works 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.
5. The City may treat the amount of such deposit as a
debt due the City from 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 herein are cumulative and the use of
one shall not prohibit the use of another.
6. Upon payment of each such deposit, the City Director
of Public Works shall release the proposed building site from
the terms of this Agreement.
7. As a condition of approval of this Subdivision,
and to meet the requirements of Section 12- 4 -7(1) of the
1971 Code of Ordinances, Subdivider specifically agrees that
no building permit or certificate of occupancy shall be issued
by the Pueblo Regional Building Department until a certificate
of compliance has been approved and issued by the City Director
of Public Works and duly recorded in the Office of the Pueblo
County Clerk and Recorder which certifies that those public
improvements set forth in Exhibit "B," or that portion of
said improvements as shall be necessary to totally serve
specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered
by a particular certificate of compliance, have been properly
designed, engineered, constructed, and accepted as meeting the
specifications and standards of the City.
Sao ; 2102 FA!�E 9
These restrictions on the issuance of building permits
and certificates of occupancy shall run with the land and
shall extend to and be binding upon the heirs, executors,
legal representatives, successors and assigns of Subdivider
and may be specifically enforced by the City.
8. Acceptance of this Subdivision by the City does not
constitute an acceptance of the roads, park, and other public
improvements for maintenance by the City. Until such roads
and other park and 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, park
and other public improvements and rights of way are the sole
responsibility of the Subdivider or any subsequent owner(s)
of the land within this Subdivision.
9. The required time for completion of all such improve-
ments 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 such improvements within the required time
and the payment of all inspection costs by Subdivider, the
Director of Public Works shall cause all obligations of Sub-
divider relating to such improvements within such block to be
released. If said improvements are not completed within the
required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in
escrow to be used to complete the same. If sufficient monies
are available at the end of the required time to complete all
such improvements herein required for the entire length of
such block, the Director of Public Works shall cause all
collateral or monies in escrow to be reduced in cash and shall
deposit the same with the Director of Finance and such cash
shall be used to complete that portion of the improvements the
BOOK Z . r
o- b�;i i .
Director of Public Works shall determine. Until all improve-
ments are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable
and responsible therefor.
10. For purposes of this Agreement, 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 center line
of the alley, if there is an alley, enclosed at either end
by a street which intersects both tiers of lots, and shall
include the full width of all streets upon which such lots
abut.
11. 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 Subdi-
vision is totally vested with the Subdivider free and clear
of any and all 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.
12. It is mutually agreed that the City or any 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
thereto. 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.
13. The parties hereto mutually agree that this Agreement
may be amended from time to time by mutual consent provided
that such amendment be in writing and be signed by all parties
hereto.
-5-
OV
14. This Agreement shall extend to and be binding upon
the successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of 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 as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by its duly authorized
and acting officers and the seal of the Subdivider set hereon.
, �elli cn_ Leach Co. Subdivider
By
(S E A L) rank li o Jr. , Gen. Partner
STATE OF COLORADO)
s s .
COUNTY OF PUEBLO ) Hobert 4. Leach, Gen. Partner
The foregoing instrument was acknowledged before me this
2?' day of M, &Q4 19090, by Frank :fellico Jr. & ,
Subdivider. — Robert w. Leach
—
My commission expires: i °: c , a6)
Notary Pu i�c ' ,
�S� Z, A L) Address is ka.rie���/�c +fit
CITY OF PUEBLO, a Municipal
Corporation
By
President of the �Council
f n
ATTEST:
ZHty Cler
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The fore ing instrument was ac owledged before me this
AF
day of ��?, 19 �G', by l
as President the City Council, a d
as City Clerk of the City of Pueblo, Color do.
My commission expires:
;
ota lic
(S E A L` Address : ? 4ey1el 7
bOOK2 102 MAU
APPROVED AS '10 FOR14:
Ci
— 7 —
boor, 2402 m1914
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: `goodstone At Plegency Park, A Special Area -lan
DEVELOPER: `Tellico - Leach Co.
ENGINEER: Yellico -Leach Co.
*Note: Street and utility services servinz this site
STREET IMPROVEMENTS will be private therefore the only public improve -
ments necessary will be asphalt patching; in
NAME Sovereign Cir. f w service lines, and street
Grade, Pavement (Intl. Base & Sub -base) light in Sovereign Cir. .
and curb & gutter L.F. @ /L.F. $
Sanitary Sewer & Appurtenances
L. F. @ 1L. F.
Water Mains & Appurtenances
L. F. @ 1L. F.
TOTAL
Grade, Pavement (Intl. Base & Sub -base)
and curb & gutter L. F. @
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
Water Mains & Appurtenances
L. F. @ /L. F.
TOTAL
NAME
Grade, Pavement (Intl. Base & Sub -base)
and curb & gutter L. F. @
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
NAME
/L.F. $
$
/L. F. $
s
Water Mains & Appurtenances
L. F. @ 1L. F.
$
TOTAL
$
NAME
Grade, Pavement (Intl. Base & Sub -base)
and curb & gutter L. F. @
/L.F.$
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
$
Water Mains & Appurtenances
L. F. @ /L. F.
$
TOTAL
$
NAME
Grade, Pavement (Intl. Base & Sub -base)
and curb & gutter L. F. @
IL.F.$
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
$
Water Mains & Appurtenances
L. F. @ JL.F.
$
TOTAL
$
NAME
Grade, Pavement (Intl. Base & Sub -base)
and curb & gutter L. F. @
JL. F$
Sanitary Sewer & Appurtenances
L. F. @ 1L. F.
$
Water Mains & Appurtenances
L. F. @ /L. F.
$
TOTAL $
(page 1 to be reused as needed)
BOOK NA1 ;E
OTHER IMPROVEMENTS
Drainage:
Storm Sewer and Appurtenances
L.F. @ /L.F.
Drainage Channels and Appurtenances
L.F. @ /L.F.
Detention Facilities and Appurtenances
AC. @ /AC.
Monument Boxes:
c
Q
@ /EA. $
Street Lighting:
TOTAL
PARK
With Irrigation:
AC. @ /AC.
Without Irrigation:
AC. @ /AC.
SUB-TOTAL
As
Tnuu�ru,, alt it water 51=�Rxe
•� GRAND TOTAL
IT 1
t;
"NA a
t, `sa„ �P ,
a
PREPARED By C j ti
4-Roe Leach, PE o. 17541
FIRM Yellico -Leach Co.
REVIEWED BY ejvr�
City of Pueblo
oft t -GM .
$ 360.00
$ 360.00
$ 400.00
t?60. 00
bar
3/ F/y p
Da to
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