HomeMy WebLinkAbout05635Reception 933525
10/259/1990
ORDINANCE NO 5635
AN ORDINANCE APPROVING THE PLAT OF CLUB MANOR
SUBDIVISION 3RD FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The final plat of Club Manor Subdivision 3rd Filing, being a sub-
division of land legally described as follows:
Parcel No. 4 in Club Manor Subdivision, according to
the recorded plat thereof, filed for record June 20,
1972, EXCEPT the East 23 feet thereof,
AND
All of Lot 1, Block 1 in Acorn Subdivision, according
to the recorded plat thereof, containing 4.021 acres,
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.
QV0MTnA7 7
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 Ordinances, as
amended and any agreements entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final passage
and approval.
INTRODUCED O 9 , 1990
By DR. GILBERT GARBISO
Councilperson
7
APPROVED
_�f`"
President of the Council
City Clerk
9/26/90
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SUBDIVISION IMPROVEMENTS AGREEMENT
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THIS AGREEMENT made and entered into this ClrH- day of
6C 6C -- , 19 90 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and
SAGE, INC., a Colorado Corporation ,
hereinafter referred to as "Subdivider."
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to subdivide
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 the
final plat of Club Manor Subdivision, 3rd Filing,
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(J)
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 ors 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 subdivision, or upon the
issuance of a certificate of occupancy for any such building or structure,
whichever is sooner, 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,
Page one of five
BooK 25 .9 pale S,`, 8
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 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 improve-
ments 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 barricade 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(J) 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.
These restrictions on the issuance of building permits and cert-
ificates 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.
Page two of five
$ooK 25 .9 �Af;E 8 9
9. The required time for completion of all such 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 such improve-
ments within the required time and the payment of all inspection costs by
Subdivider, the Director of Public Works shall cause all obligations
of Subdivider 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 Director of
Public Works shall determine. Until all improvements are completed
and approved by the Director of Public Works, Subdivider and the
subdivided land shall remain liable and responsible therefore.
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 Subdivision 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. Such
action, however, shall be commenced prior to the issuance of a building
permit or prior to commencement of construction on any lot(s) or
tract(s) of land.
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.
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.
Page three of five
BOOK 2519 PATE 83 D
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.
SAGE, INC.,
a Colorado Corporation , Subdivider
B y
Charles C. Jett, T asurer
By
Jo n C. Hurtig, Secretary
(SEAL)
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this q day of N�____,
1990, by Charles C. Jett, Treasurer and John C. Hurtig, Secretary of Sage, Inc., a
Colorado Corporation,Subdivider.
My commission expires: 5 - 10-1 t
iS� E A r J Notary Public
Address: 4:�9 LL) . 10 ` -k , ock000, CO '6
c,
Page four of five
3ooK, 2519 PAI;'E 831.
ATT
tit' Clerk
SfA"PE
ss.
COUNTY OF PUEBLO
CITY OF PUEBLO, a Municipal
Corporation
_ A
By '
�r6sident of the Council
The foregoing instrument was acknowledged before me this day of
1 990, by
as President of the City Council, and
Z as City C lerk of the C ity of Pueblo, C olorado.
My commis9ton expires•My Commission LAPIrt:S t4ay i, idyl
Notary Public
($,E A \T
L Address:
'
C; F C'o
APPROVED AS TO FORM:
C ity (9tforney
Page f ive of f ive
sooK 25 .9 FAf�E $3,2
Parcel No. 4 in Club Manor Subdivision, according to the recorded plat thereof, filed for record
June 20, 1972, EXCEPT the East 23 feet thereof
AND
All of Lot 1, Block 1 in Acorn Subdivision, according to the recorded plat thereof.
Containing 4.021 acres.
i
SUBDIVISION IMPROVEMENT AGREEMENT soon 2519 >?A{�g 83 3
EXHIBIT "B"
SUBDIVISION NAME CLUB MANOR SUBDI VISION- "ART) PTT,TN(,
DEVELOPER SAGE, INC.; OCHS BROTHERS
= 500.00
ENGINEER KLH ENGINEERING CONSULTANTS, INC.
= 900.00
IMPROVEMENT COSTS FOR LOTS 1 AND 2:
= 300.00
STORM DRAINAGE, EROSION CONT
= 500.00
Demolition of exist. asphalt & haul - lump sum
= $ 1,000.00
21" x 15" CMPA - 351 LF @ $14 /LF
= 4,914.00
15" Polyethylene Pipe - 183 LF @ $12 /LF
= 2,196.00
24" Polyethylene Pipe - 95 LF @ $15 /LF
= 1,425.00
Break into exist. inlet box - lump sum
= 500.00
Flowable Backfill - 30 CY @ $30 /CY
= 900.00
Asphalt Patch - 160 SY @ $15 /SY
= 2,400.00
Grate covered inlet
= 2,000.00
Detention Basins - 0.34 AC @ $15,00 /AC
= 5,100.00
Basin 1 Headwall - 1 EA @ $500 /EA
= 500.00
Basin 2 Outlet Structure - 1 EA @ $1500 /EA
= 1,500.00
Chutes, Rip -Rap - 4 EA @ $600 /EA
= 2,400.00
Type 1 -A Manhole: 1 EA @ $800 /EA
= 800.00
Erosion Protection - 2500 SY @ $10 /SY
= 25,000.00
UTILITY LINES
Demolition in Club Manor Drive - lump sum
= 500.00
Water Service: 6" PVC w /valve - 1 EA @ $900 /EA
= 900.00
Sewer Service: 1 EA @ $300 /EA
= 300.00
Break into San. MH: 1 EA @ $500 /EA
= 500.00
Patch Street - 30 SY @ $15 /SY
= 450.00
3/4" PMS Overlay - 75 SY @ $3 /SY
= 225.00
Curb & Gutter, Driveway Cut Replace: Lump Sum
= 800.00
TOTAL - LOTS 1 and 2
$ 54,310.00
IMPROVEMENT COSTS FOR LOT 3
Demolition: Asphalt, C &G, Sign Base, Guard Rail - Lump Sum
= $ 1,000.00
6" STD Curb & Gutter - 437 LF @ $6 /LF
= 2,622.00
Street Cut, Curb & Gutter Backfill - Lump Sum
= 700.00
Asphalt: 780 SY 3" on 4 on 13" @ $12 /SY
= 9
Sewer Service: None - Use existing
Water Service: None - Use existing
Type "S" Inlet: 1 EA @ $1,000 /EA
= 1,000.00
15" CL IV RCP 55.5 LF @ $25 /LF
= 1, 388.00
Stop Sign: 1 EA @ $150
= 150.00
Street Light: 1 EA @ $600
= 600.00
Detention Facility:
Outlet Structure: 1 EA @ $4,000
= 4,000.00
Type "S" Inlets - 2 EA @ $1,000 /EA
= 2,000.00
36" x 22" CMPA - 307 LF @ 30 /LF
= 9,210.00
6" Curb & Gutter - 438 LF (along South & East Sides) @ $6 /LF
= 2,628.00
18" CMP - 122 LF @ $18 /LF
= 2,196.00
18" Flared End Section: 1 EA @ $150 /EA
= 150.00
Grading: 6000 CY @ $3.50 /CY
= 21,000.00
SUB TOTAL - LOT 3
GRAND TOTAL
PREPARED BY: .,J
FIRM KLH ENGINEERING CONSULTANTS, INC.
REV! EWED BY: (Z, W— &0e'
City of Pueblo
oh A-CM
$ 58,004.00
$ 112,314.00
d cf - Z X 990
Date
933527 ' BOOK2519 FM4 3Y
NO , OCT 2 5 1990
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ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT
FOR CLUB MANOR SUBDIVISION, FILING NO. 3
The City of Pueblo, a Municipal Corporation (herein "City)
and SAGE, INC. (herein "subdivider ") agree as follows:
1. For all purposes of this Addendum, except as otherwise
expressly provided or unless the context otherwise requires:
(a) "Subdivision" means the Club Manor Subdivision, Filing
No. 3.
(b) "Subdivision Improvements Agreement" means the
Subdivision Improvements Agreement entered into between
the City and Subdivider for Club Manor Subdivision,
Filing No. 3, pursuant to Chapter 4, Title XII of the
1971 Code of Ordinances of City.
(c) "Addendum" means this Addendum to Subdivision
Improvements Agreement for Club Manor Subdivision, Filing
No. 3.
2. Public improvements associated with Lot 3 shall be
completed within the specified time periods after a building permit
is issued for any structure on Lot 3.
3. Public improvements associated with Lots 1 and 2 shall
be completed within the specified time periods after a building
permit is issued for any structure on Lot 1 and 2. The issuance
of a building permit for any structure on Lot 3 shall not cause any
time period to begin to run with respect to the improvements
associated with Lots 1 and 2.
4. This Addendum shall be incorporated in and become a part
of the Subdivision Improvements Agreement, shall constitute a
r
BOOK ?519 PAq 3s
covenant running with the property, shall extend to, be binding
upon and inure to the benefit of the successors and assigns of the
City and Subdivider. If there is a conflict between the provisions
of this Addendum and those of the Subdivision Improvements
Agreement, the provisions of this Addendum shall control.
5. If any provision of this Addendum or the Subdivision
Improvements Agreement is determined to be invalid or
unenforceable, such determination shall not affect the validity of
other provisions thereof.
6. All rights and remedies granted to or conferred upon City
under this Addendum or the Subdivision Improvements Agreement shall
be cumulative and in addition to any right or remedy shall impair
any such right or remedy or constitute a waiver thereof.
7. City, upon request of Subdivider, will release building
sites within the Subdivision from the mortgage and lien granted by
this Addendum and the Subdivision Improvements Agreement, provided
Subdivider has then complied with all other requirements of the
Subdivision Improvements Agreement relating to such building sites.
Subdivider
ATTEST:
secretary ,
BOOK 2519 PAU 8 3lv
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me in Pueblo
County, Colorado, this 22nd day of October 1990, by
Charles C. Jett as Subdivider ,
and John Hurtig as _ Secretary
of SAGE, INC.
Witness my hand and official seal.
*,Myicommission expires:
Deity Clerk
APPROVED AS TO FORM:
CITY OF PUEBLO
.do
BY:
President of the Council
Cit ttdrney