HomeMy WebLinkAbout05642Reception 936856
12/18/1990
ORDINANCE NO. 5642
AN ORDINANCE APPROVING THE PLAT OF EL CAMINO
SUBDIVISION 8TH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
Q P'PTnM 1
The final plat of E1 Camino Subdivision 8th Filing, being a subdivi-
sion of land legally described as follows:
A parcel of land in the S2 of the SW4 of the SE4 and
the SW-4 of the SE4 of the SE- of Section 16 and in the
N2 of the NW- of the NE4 and the NW- of the NE4 of the
NE4 of Section 21, Township 21 South, Range 65 West of
the 6th P.M., being more particularly described as follows:
Considering the South line of the SE4 of Section 16, Town-
ship 21 South, Range 65 West of the 6th P.M. to bear S.89
- 16' -29 "E. and all bearings contained herein being relative
thereto.
Beginning at the S4 corner of said Section 16, thence N.00
- 00'- 48 "E., along the West line of the said SE4 of Section
16, a distance of 550.04 feet; thence S.89 12'- 31 "E., a
distance of 334.62 feet; thence S.00 47' -29" W., a dis-
tance of 255.36 feet; thence S.89 12'- 31 "E., a distance
of 120.00 feet; thence N.00 47' -29" E., a distance of
15.51 feet; thence S.89 12'- 31 "E., a distance of 170.65
feet; thence 5.00 47'- 29 "W., a distance of 129.43 feet;
thence 5.89 16'- 29 "E., a distance of 589.43 feet; thence
N.00 43'- 31 "E., a distance of 10.00 feet; thence S.89
16'-29"E., a distance of 163.46 feet to the Westerly line
of the Arkansas Valley Conduit; thence Southerly, along said
Westerly line the following two (2) courses:
I. 5.03 52'- 39 "W., a distance of 108.21 feet;
2. along the arc of a curve to the left whose center bears
N.86 07' -38 "E. and whose radius is 1005.00 feet, a dis-
tance of 12.00 feet to the Northeast corner of Bridle
Trail, as platted in E1 Camino Subdivision, Fifth Filing,
according to the recorded plat thereof, filed for record
January 14, 1980;
thence along the boundary of said Bridle Trail the following
three (3) courses:
bDGK 2525 PAGE 339
1. N.89 16'- 29 "W., a distance of 204.43 feet;
2. S.00 43'- 31 "W., a distance of 80.00 feet;
3. 5.89 16'- 29 "E., a distance of 46.06 feet to the North-
west corner of Alhambra Drive, as platted in El Camino
Subdivision, 7th Filing, according to the recorded plat
thereof, filed for record July 19, 1988;
thence along the boundary of said El Camino Subdivision, 7th
Filing the following eight (8) courses:
1. Southeasterly, along the arc of a curve to the left whose
center bears N.88 ° - 50'- 47 "E., and whose radius is 305.00
feet, a distance of 83.14 feet;
2. 5.77 51' -46" W., a distance of 127.14 feet;
3. N.89 16' -29" W., a distance of 430.84 feet;
4. N.85 36' -51" W., a distance of 80.30 feet;
5. N.76 48' -39" W., a distance of 82.75 feet;
6. N.70 24' -54" W., a distance of 83.49 feet;
7. N.70 02' -21" W., a distance of 212.55 feet to the North
line of the said NE- of Section 21;
8. thence N.89 16' -29" W., along said North line, a distance
of 226.15 feet to the point of beginning, containing 11.186
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.
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 Ordinances, as
amended and any agreement entered into pursuant thereto.
800K 2525 rm E 340
0T/ 7nT T 7
This ordinance shall become effective immediately upon final passage
and approval.
ATTEST:
q
City Clerk
INTRODUCED November 12
By
FAY KASTELIC
, 1990
Co 4n
cilperson
APPROVE
10/29/90
DEC 18 1990 v fx, 341
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS GREEMFNT made and entered into this 2 -15 -- t - day of
1 990 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City," and
EL CAMINO JOINT VENTURE, a Colorado General Partnershi
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 EL CAMINO SUBDIVISION, 8TH 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 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 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 four
BooK 2525 f n 342
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 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(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 four
BOOK 2525 I'A 343
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 four
";[)OK 2525 PAGE 344
IN WITNESS WHEREOF,
Agreement to be executed and
acting officers and the seal of
r
N � A �,
T , "OF COLORADO)
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this J
-21,5-t day of /I/uc:�c'r�• ��! 199 by ��u �ro�.� vb `r sr;, and
, , l� �%-, _ A0 I n w� of ED ROBINSON AND ASSOCIATES, as Managing
Partner of EL CAMINO JOINT VENTURE a Colorado General Partnership.
My commission expires:
Notary Public
(S .I,_ A', Address: i�21
CITY OF PUEBLO, a Municipal
Corporation
B
Pr si nt of h ouncil
ATTEST:
,
,Cit Clerk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
ss.
the parties hereto have caused this
attested by its duly authorized and
the Subdivider set hereon.
ED ROBINSON AND ASSOCIATES,
as Managing Partner of
EL CAMINO JOINT VENTURE
A Colorado General Partnership, Subdivider
The foregoing instrument was acknowl d ed before me this /P
day of �E -C C -rn_ -, 199 b
as President of the City Council, and
as City Clerk of the
a
My,commiss ion
City of Pueblo, olora a,
expires:
'(S' E - L)
A,0,0,Rb,VED AS TO FORM:
N Public v ✓ l�
Address
City Attorney Paqe four of four
BOOK 2525 ('AGE 345
1 .191 VIA &UH ► 0 u':• "14 ► h"44 Wk M ►
A parcel of land in the Sh of the SW4 of the SE 4 and the SW% of the SE4 of the SE4 of
Section 16 and in the N%4 of the NW4 of the NE4 and the NW4 of the NE of the NE
of Section 21, Township 21 South, Range 65 West of the 6th P.M., being more particu-
lary described as follows:
Considering the South line of the SE4 of Section 16, Township 21 South, Range 65 West
of the 6th P.M. to bear S.89 °- 16' -29 "E. and all bearings contained herein being relative
thereto.
Beginning at the S4 corner of said Section 16; thence N.00 00 48 "E., along the West
line of the said SE4 of Section 16, a distance of 550.0.4 feet; thence S.89°- 12'- 31 "E., a
distance of 334.62 feet; thence S.00 47 29 "W., a distance of 255.36 feet; thence
S.89 12 31 "E., a distance of 120.00 feet; thence N.00 47' -29" E., a distance of
15.51 feet; thence S.89 12 31 "E., a distance of 170.65 feet; thence S.00 47'- 29 "W.,
a distance of 129.43 feet; thence S.89 16 29 "E., a distance of 589.43 feet; thence
N.00 43 31 "E., a distance of 10.00 feet; thence S.89 16 29 "E., a distance of
163.46 feet to the Westerly line of the Arkansas Valley Conduit; thence Southerly, along
said Westerly line the following two (2) courses:
1. S.03 52 39 "W., a distance of 108.21 feet;
2. along the arc of a curve to the left whose center bears N.86 07' -38 "E. and whose
radius is 1005.00 feet, a distance of 12.00 feet to the Northeast corner of
Bridle Trail, as platted in El Camino Subdivision, Fifth Filing, according to the
recorded plat thereof, filed for record January 14, 1980;
thence along the boundary of said Bridle Trail the following three (3) courses:
1. N.89 16 29 "W., a distance of 204.43 feet;
2. S.00 a distance of 80.00 feet;
3. S.89 16 29 "E., a distance of 46.06 feet to the Northwest corner of
Alhambra Drive, as platted in El Camino Subdivision, 7th Filing, according
to the recorded plat thereof, filed for record July 19, 1988;
thence along the boundary of said El Camino Subdivision, 7th Filing the following eight (8)
courses:
1. Southeasterly, along the arc of a curve to the left whose center bears N.88 °- 50' -47 "E.
and whose radius is 305.00 feet, a distance of 83.14 feet;
2. S.77 51 46 "W., a distance of 127.14 feet;
3. N.89 16 29 "W., a distance of 430.84 feet;
4. N.85 36 51 "W., a distance of 80.30 feet;
S. N.76 48 39 "W., a distance of 82.75 feet;
6. N.70 24 54 "W., a distance of 83.49 feet;
7. N.70 02 21 "W., a distance of 212.55 feet to the North line of the said NE% of
Section 21;
8. thence N.89 16 29 "W., along said North line, a distance of 226.15 feet to the
Point of Beginning.
Containing 11.186 acres.
SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT "B
SUBDIVISION NAME: E1, Camino 8th Filin
DEVELOPER: E1 Camino Joint Venture - c/o Ed Robinson & Associate
.'.00K 2525 tw E346
ENGINEER: KLII Engineering
ITEM
QUANTITY
UNIT COST
TOTAL
Excavation
18,000
cy
$1.30
$23,400
Sanitary Sewer:
8 w /bedding
1,521
if
$12.00
$18,252
Manholes
5
ea
$1,000.00
$5,000
Raise manholes
5
ea
$125.00
$625
Street cut
25
if
$50.00
$1,250
Break in existing MH
1
ea
$350.00
$350
4 service -41' ave
19
ea
$450.00
$8,550
4 service -31' ave
4
ea
$325.00
$1,300
Water:
6 main
50
if
$14.00
$700
8 main
1,320
if
$18.00
$23,760
12" main
170
if
$0.00
$0
Hydrants
4
ea
$1,500.00
$6,000
Raise valves
11
ea
$75.00
$825
Street cut
30
if
$50.00
$1,500
1 service -41' ave
19
ea
$475.00
$9,025
1 service -31' ave
4
ea
$360.00
$1,440
2 service -41' ave
1
ea
$1,200.00
$1,200
Storm Drainage:
15" RCP Cl 4
100
if
$20.00
$2,000
18" RCP Cl 4
680
if
$25.00
$17,000
S inlet - 4'
1
ea
$1,400.00
$1,400
S inlet - 15'
1
ea
$3,400.00
$3,400
1 -A Manholes
3
ea
$1,000.00
$3,000
Concrete:
6 standard curb
1,365
if
$5.10
$6,962
4 roll over curb
1,480
if
$5.10
$7,548
Remove /dispose curb
75
if
$3.50
$263
Prep for C &G
2,845
if
$0.80
$2,276
Backfill C &G
2
if
$0.40
$1,138
Radius corners
4
ea
$600.00
$2,400
Crosspans
256
sf
$3.10
$794
8' sidewalk
120
if
$10.40
$1,248
Electric:
Street lights
8
ea
$975.00
$7,800
Paving:
Asphalt prep
6,786
sy
$0.60
$4,072
3 -6"
1,492
sy
$7.25
$10,817
3 -12"
5,294
sy
$9.50
$50,293
Street signs
1
ea
$125.00
$125
Traffic signs
2
ea
$200.00
$400
Type III Barricades
2
ea
$250.00
$500
Monumentation
7
ea
$450.00
$3,150
City C &G permit /fee
2,845
is
$0.60
$1,707
Engineering /staking
24
ea
$175.00
$4,200
Total
$235,668
PREPARED BY: Allyn Brown
FIRM Ed Robinson & Associates
REVIEWED BY:
City of Pueblo
Date
/Z/3/96
Date