HomeMy WebLinkAbout05665Reception 942121
03/01/1991
ORDINANCE NO. 5665
AN ORDINANCE APPROVING THE PLAT OF STONETHROW
AT EL CAMINO PARKS SUBDIVISION
BE IT
ORDAINED BY THE CITY
COUNCIL OF
PUEBLO, COLORADO, that:
SECTION 1.
The final plat of Stonethrow at E1 Camino Parks, being a subdivi-
sion of land legally described as follows:
Lot 11, Block 20, E1 Camino Subdivision, 8th Filing,
according to the recorded plat thereof, as recorded
in the records of Pueblo County, Colorado. Described
parcel contains 2.60 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 Ordinances, as
amended and any agreement entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final passage
and approval.
booK2533 i 655
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INTRODUCED February 11 9 1991
By SAMUEL CORSENTINO
Councilperson
APPROVED
Vice esident of the Cou it
1/28/91
mo .22 RECORDED ��'' �� '�� LIAR 1 1991 BOOK 2533 FA E656
656
w
rue" c m, C.OLOLQO
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this �S 4 day
of ��j�u� 19 V, by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City,"
and Tellico -reac Co., a Colo. General Partnership
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
Stonesthrow at L1 Camino - P arks,
the final plat of A Sp e c ial area Plan 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,
aooK 2533 m F 657
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.
booK 2533. ral.E 653
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.
-3-
booK 2533- rA,) 653
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
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BOOK 2533. i E 660
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-
800K iwj 661
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.
Yellico- Leach Co. , Subdivider
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
By (
obert, . Leac�), :"en. ar - ner
The foregoing instrument was acknowl d
j f l day o f J ` -{ ✓' l� i z 1-9-& by
Subdivider. !c 1
My commission expires:- /oIc
s Nota Pub 1c
Address:
before me this
-I - Z, ! /mac; ( - h
k al
CITY OF PUEBLO, a Municipal
Corporation
B ` �C�
sident of the C ncil
ATTE
�J
- c i y_ -Clerk
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
kh
-, The foregoing instrument was acknowledged before me this
-' �`� " `day of E 198, by d/L ,/ t A f FJiu U
President of the ty Council, and A. 161 ;F j ,1). /1V16'Vj
as ity Clerk of the City of Pueblo, Colorado.
My commission expires:,'�7Cca�2
Notary Public
(S, �CA Address
i f r ,t ✓iii ✓✓
r.� F �� �C� _✓ � 4.0. Z'e1fz9
-6-
booK 2533 [ 662
SUBDIVISION IMPROVEMENT AGI .NT
EXHIBIT "B
SUBDIVISION NAME: Stones at E l C
Parks, A Special Area P1
DEVELOPER. Y ellico -Leach Co.
ENGINEER: Y ellico -Leach Co.
STREET IMPROVEMENTS
NAME
none
Grade, Pavement (Incl. Base S Sub -base)
and curb S gutter L. F. @
/L. F. $
Sanitary Sewer S Appurtenances
L. F. @ /L. F.
$
Water Mains S Appurtenances
L. F. @ IL. F.
$
TOTAL
$
NAME
Grade, Pavement (Incl. Base & Sub -base)
and curb S gutter L. F. @
/L. F. $
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
$
Water Mains S Appurtenances
L. F. @ /L. F.
$
TOTAL
$
NAME
Grade, Pavement (Incl. Base S Sub -base)
and curb S gutter L. F. @
/L. F. $
Sanitary Sewer & Appurtenances
L. F. @ /L. F.
$
Water Mains S Appurtenances
L. F. @ /L. F.
$
TOTAL
$
NAME
Grade, Pavement (Incl. Base S Sub -base)
and curb S gutter L. F. @ /L. F. $
Sanitary Sewer S Appurtenances
L. F. @ /L. F. $
Water Mains S Appurtenances
L. F. @ /L. F. $
TOTAL $
NAME
Grade, Pavement (Incl. Base & Sub -base)
and curb S gutter L. F. @
Sanitary Sewer S Appurtenances
L. F. @ /L. F.
Water Mains & Appurtenances
L. F. @ /L.F.
TOTAL
NAME
Grade, Pavement (Incl. Base & Sub -base)
and curb & gutter L. F. @
Sanitary Sewer & Appurtenances
L. F. @ 1L. F.
Water Mains b Appurtenances
L. F. @ /L. F.
TOTAL
/L. F.$
$
$
/L.F$
S
t
(page 1 to be reused as needed)
noK 2533 , A , , , F 663
OTHER IMPROVEMENTS
Drainage:
Storm Sewer and Appurtenances
L. F. @ /L.F.
Drainage Channels and Appurtenances
L.F. @ /L.F.
Drainage Swales
/OW X OW U44 Ai Us/ "d /ft* /Ur"Zds
4 5 Cu. Yd. 1(e1(a $2.00 /C. Y. Ael
Monument Boxes:
@ /EA.
Street Lighting:
TOTAL
PARK
With Irrigation:
AC. @ /AC.
Without Irrigation:
AC. @ /AC.
SUB -TOTAL
Miscellaneous Contingencies - 15%
GRAND TOTAL
PREPARED BY Robert W. Leach, PE #17541
FIRM Yellico -Leach Co.
REVIEWED BY ��
City of Pueblo
o k � cti�•
$ 90.
$
$
$
$ 9o.
Jan. 30, 1991
Da to
: Zez ,q_(,, /?,?/
Date
- 2 -